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Constitution of Oregon: 2014 Version

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ARTICLE XV
MISCELLANEOUS

 

Sec. 1. Officers to hold office until successors elected; exceptions; effect on defeated incumbent
2. Tenure of office; how fixed; maximum tenure
3. Oaths of office
4. Regulation of lotteries; state lottery; use of net proceeds from state lottery
4a. Use of net proceeds from state lottery for parks and recreation areas
4b. Use of net proceeds from state lottery for fish and wildlife, watershed and habitat protection
4c. Audit of agency receiving certain net proceeds from state lottery
5. Property of married women not subject to debts of husband; registration of separate property
5a. Policy regarding marriage
6. Minimum area and population of counties
7. Officers not to receive fees from or represent claimants against state
8. Persons eligible to serve in legislature; employment of judges by Oregon National Guard or public university
9. When elective office becomes vacant
10. The Oregon Property Protection Act of 2000
11. Home Care Commission

 

Section 1. Officers to hold office until successors elected; exceptions; effect on defeated incumbent. (1) All officers, except members of the Legislative Assembly and incumbents who seek reelection and are defeated, shall hold their offices until their successors are elected, and qualified.
(2) If an incumbent seeks reelection and is defeated, he shall hold office only until the end of his term; and if an election contest is pending in the courts regarding that office when the term of such an incumbent ends and a successor to the office has not been elected or if elected, has not qualified because of such election contest, the person appointed to fill the vacancy thus created shall serve only until the contest and any appeal is finally determined notwithstanding any other provision of this constitution. [Constitution of 1859; Amendment proposed by H.J.R. 51, 1969, and adopted by the people Nov. 3, 1970]

 

Section 2. Tenure of office; how fixed; maximum tenure. When the duration of any office is not provided for by this Constitution, it may be declared by law; and if not so declared, such office shall be held during the pleasure of the authority making the appointment. But the Legislative Assembly shall not create any office, the tenure of which shall be longer than four years.

 

Section 3. Oaths of office. Every person elected or appointed to any office under this Constitution, shall, before entering on the duties thereof, take an oath or affirmation to support the Constitution of the United States, and of this State, and also an oath of office.—

 

Note: The amendments to sections 4, 4a, 4b and 4c and the repeal of section 4d by Measure No. 76, 2010, as submitted to the people was preceded by a preamble that reads as follows:
PREAMBLE: The people of the State of Oregon find that renewing the current dedication in the Oregon Constitution of fifteen percent of lottery revenues to parks, water quality and fish and wildlife habitats will provide lasting social, economic, environmental and public health benefits.
The people of the State of Oregon also find that renewal of the Parks and Natural Resources Fund will support voluntary efforts to:
(1) Protect and restore water quality, watersheds and habitats for native fish and wildlife that provide a healthy environment for current and future generations of Oregonians;
(2) Maintain and expand public parks, natural areas and recreation areas to meet the diverse needs of a growing population and to provide opportunities for [sic] to experience nature and enjoy outdoor recreation activities close to home and in the many special places throughout Oregon;
(3) Provide jobs and economic opportunities improving the health of our forests, prairies, lakes, streams, wetlands, rivers, and parks, including efforts to halt the spread of invasive species;
(4) Strengthen the audit and reporting requirements, identify desired outcomes and specify allowable uses of the fund in order to provide more strategic, accountable and efficient uses of the Parks and Natural Resources Fund; and
(5) Enhance the ability of public land managers, private organizations, individuals and businesses to work together in local, regional and statewide partnerships to expand recreation opportunities, improve water quality and conserve fish and wildlife habitat.

 

Section 4. Regulation of lotteries; state lottery; use of net proceeds from state lottery. (1) Except as provided in subsections (2), (3), (4), (8) and (9) of this section, lotteries and the sale of lottery tickets, for any purpose whatever, are prohibited, and the Legislative Assembly shall prevent the same by penal laws.
(2) The Legislative Assembly may provide for the establishment, operation, and regulation of raffles and the lottery commonly known as bingo or lotto by charitable, fraternal, or religious organizations. As used in this section, charitable, fraternal or religious organization means such organizations or foundations as defined by law because of their charitable, fraternal, or religious purposes. The regulations shall define eligible organizations or foundations, and may prescribe the frequency of raffles, bingo or lotto, set a maximum monetary limit for prizes and require a statement of the odds on winning a prize. The Legislative Assembly shall vest the regulatory authority in any appropriate state agency.
(3) There is hereby created the State Lottery Commission which shall establish and operate a State Lottery. All proceeds from the State Lottery, including interest, but excluding costs of administration and payment of prizes, shall be used for any of the following purposes: creating jobs, furthering economic development, financing public education in Oregon or restoring and protecting Oregon’s parks, beaches, watersheds and native fish and wildlife.
(4)(a) The State Lottery Commission shall be comprised of five members appointed by the Governor and confirmed by the Senate who shall serve at the pleasure of the Governor. At least one of the Commissioners shall have a minimum of five years experience in law enforcement and at least one of the Commissioners shall be a certified public accountant. The Commission is empowered to promulgate rules related to the procedures of the Commission and the operation of the State Lottery. Such rules and any statutes enacted to further implement this article shall insure the integrity, security, honesty, and fairness of the Lottery. The Commission shall have such additional powers and duties as may be provided by law.
(b) The Governor shall appoint a Director subject to confirmation by the Senate who shall serve at the pleasure of the Governor. The Director shall be qualified by training and experience to direct the operations of a state-operated lottery. The Director shall be responsible for managing the affairs of the Commission. The Director may appoint and prescribe the duties of no more than four Assistant Directors as the Director deems necessary. One of the Assistant Directors shall be responsible for a security division to assure security, integrity, honesty, and fairness in the operations and administration of the State Lottery. To fulfill these responsibilities, the Assistant Director for security shall be qualified by training and experience, including at least five years of law enforcement experience, and knowledge and experience in computer security.
(c) The Director shall implement and operate a State Lottery pursuant to the rules, and under the guidance, of the Commission. The State Lottery may operate any game procedure authorized by the commission, except parimutuel racing, social games, and the games commonly known in Oregon as bingo or lotto, whereby prizes are distributed using any existing or future methods among adult persons who have paid for tickets or shares in that game; provided that, in lottery games utilizing computer terminals or other devices, no coins or currency shall ever be dispensed directly to players from such computer terminals or devices.
(d) There is hereby created within the General Fund the Oregon State Lottery Fund which is continuously appropriated for the purpose of administering and operating the Commission and the State Lottery. The State Lottery shall operate as a self-supporting revenue-raising agency of state government and no appropriations, loans, or other transfers of state funds shall be made to it. The State Lottery shall pay all prizes and all of its expenses out of the revenues it receives from the sale of tickets or shares to the public and turnover the net proceeds therefrom to a fund to be established by the Legislative Assembly from which the Legislative Assembly shall make appropriations for the benefit of any of the following public purposes: creating jobs, furthering economic development, financing public education in Oregon or restoring and protecting Oregon’s parks, beaches, watersheds and native fish and wildlife. Effective July 1, 1997, 15% of the net proceeds from the State Lottery shall be deposited, from the fund created by the Legislative Assembly under this paragraph, in an education stability fund. Effective July 1, 2003, 18% of the net proceeds from the State Lottery shall be deposited, from the fund created by the Legislative Assembly under this paragraph, in an education stability fund. Earnings on moneys in the education stability fund shall be retained in the fund or expended for the public purpose of financing public education in Oregon as provided by law. Except as provided in subsection (6) of this section, moneys in the education stability fund shall be invested as provided by law and shall not be subject to the limitations of section 6, Article XI of this Constitution. The Legislative Assembly may appropriate other moneys or revenue to the education stability fund. The Legislative Assembly shall appropriate amounts sufficient to pay lottery bonds before appropriating the net proceeds from the State Lottery for any other purpose. At least 84% of the total annual revenues from the sale of all lottery tickets or shares shall be returned to the public in the form of prizes and net revenues benefiting the public purpose.
(5) Notwithstanding paragraph (d) of subsection (4) of this section, the amount in the education stability fund created under paragraph (d) of subsection (4) of this section may not exceed an amount that is equal to five percent of the amount that was accrued as revenues in the state’s General Fund during the prior biennium. If the amount in the education stability fund exceeds five percent of the amount that was accrued as revenues in the state’s General Fund during the prior biennium:
(a) Additional net proceeds from the State Lottery may not be deposited in the education stability fund until the amount in the education stability fund is reduced to less than five percent of the amount that was accrued as revenues in the state’s General Fund during the prior biennium; and
(b) Fifteen percent of the net proceeds from the State Lottery shall be deposited into the school capital matching fund created under section 4, Article XI-P of this Constitution.
(6) The Legislative Assembly may by law appropriate, allocate or transfer any portion of the principal of the education stability fund created under paragraph (d) of subsection (4) of this section for expenditure on public education if:
(a) The proposed appropriation, allocation or transfer is approved by three-fifths of the members serving in each house of the Legislative Assembly and the Legislative Assembly finds one of the following:
(A) That the last quarterly economic and revenue forecast for a biennium indicates that moneys available to the state’s General Fund for the next biennium will be at least three percent less than appropriations from the state’s General Fund for the current biennium;
(B) That there has been a decline for two or more consecutive quarters in the last 12 months in seasonally adjusted nonfarm payroll employment; or
(C) That a quarterly economic and revenue forecast projects that revenues in the state’s General Fund in the current biennium will be at least two percent below what the revenues were projected to be in the revenue forecast on which the legislatively adopted budget for the current biennium was based; or
(b) The proposed appropriation, allocation or transfer is approved by three-fifths of the members serving in each house of the Legislative Assembly and the Governor declares an emergency.
(7) The Legislative Assembly may by law prescribe the procedures to be used and identify the persons required to make the forecasts described in subsection (6) of this section.
(8) Effective July 1, 1999, 15% of the net proceeds from the State Lottery shall be deposited in a parks and natural resources fund created by the Legislative Assembly. Of the moneys in the parks and natural resources fund, 50% shall be deposited in a parks subaccount and distributed for the public purposes of financing the protection, repair, operation, and creation of state, regional and local public parks, ocean shore and public beach access areas, historic sites and recreation areas, and 50% shall be deposited in a natural resources subaccount and distributed for the public purposes of financing the restoration and protection of native fish and wildlife, watersheds and water quality in Oregon. The Legislative Assembly shall not limit expenditures from the parks and natural resources fund, or from the parks or natural resources subaccounts. The Legislative Assembly may appropriate other moneys or revenue to the parks and natural resources fund.
(9) Only one State Lottery operation shall be permitted in the State.
(10) The Legislative Assembly has no power to authorize, and shall prohibit, casinos from operation in the State of Oregon.
[Constitution of 1859; Amendment proposed by H.J.R. 14, 1975, and adopted by the people Nov. 2, 1976; Amendment proposed by initiative petition filed April 3, 1984, and adopted by the people Nov. 6, 1984 (paragraph designations in subsection (4) were not included in the petition); Amendment proposed by H.J.R. 20, 1985, and adopted by the people Nov. 4, 1986; Amendment proposed by H.J.R. 15, 1995, and adopted by the people May 16, 1995; Amendment proposed by initiative petition filed March 11, 1998, and adopted by the people Nov. 3, 1998; Amendment proposed by H.J.R. 80, 2002 (3rd s.s.), and adopted by the people Sept. 17, 2002; Revision proposed by H.J.R. 13, 2009, and adopted by the people May 18, 2010; Amendment proposed by initiative petition filed Dec. 22, 2009, and adopted by the people Nov. 2, 2010]

 

Note: The amendments to section 4, as adopted by the people in Measure No. 66, 1998, incorrectly set forth the text of section 4 as it existed at the time the measure was submitted to the people. The text of the measure, as approved by the voters, was printed here.

 

Note: The amendments to section 4, as adopted by the people in Measure No. 76, 2010, at the Nov. 2010 general election did not set forth the text of section 4 as it was revised by the people in Measure No. 68, 2010 (H.J.R. 13, 2009), at the May 2010 primary election. The text of section 4, as revised by Measure No. 68, 2010, and amended by Measure No. 76, 2010, is printed here.

 

Section 4a. Use of net proceeds from state lottery for parks and recreation areas. (1) In each biennium the Legislative Assembly shall appropriate all of the moneys in the parks subaccount of the parks and natural resources fund established under section 4 of this Article for the uses allowed in subsection (2) of this section, and to achieve all of the following:
(a) Provide additional public parks, natural areas or outdoor recreational areas to meet the needs of current and future residents of the State of Oregon;
(b) Protect natural, cultural, historic and outdoor recreational resources of state or regional significance;
(c) Manage public parks, natural areas and outdoor recreation areas to ensure their long-term ecological health and provide for the enjoyment of current and future residents of the State of Oregon; and
(d) Provide diverse and equitable opportunities for residents of the State of Oregon to experience nature and participate in outdoor recreational activities in state, regional, local or neighborhood public parks and recreation areas.
(2) The moneys in the parks subaccount shall be used only to:
(a) Maintain, construct, improve, develop, manage and operate state parks, ocean shores, public beach access areas, historic sites, natural areas and outdoor and recreation areas;
(b) Acquire real property, or interests therein, that has significant natural, scenic, cultural, historic or recreational values, for the creation or operation of state parks, ocean shores, public beach access areas, outdoor recreation areas and historic sites; and
(c) Provide grants to regional or local government entities to acquire property for public parks, natural areas or outdoor recreation areas, or to develop or improve public parks, natural areas or outdoor recreation areas.
(3) In each biennium the Legislative Assembly shall appropriate no less than twelve percent of the moneys in the parks subaccount for local and regional grants as authorized under paragraph (c) of subsection (2) of this section. However, if in any biennium the amount of net proceeds deposited in the parks and natural resources fund created under section 4 of this Article increases by more than fifty percent above the amount deposited in the 2009-2011 biennium, the Legislative Assembly shall appropriate no less than twenty-five percent of the moneys in the parks subaccount for local and regional grants as authorized under paragraph (c) of subsection (2) of this section. The grants shall be administered by a single state agency. The costs of the state agency in administering the grants shall not be paid out of the portion of the moneys in the parks subaccount appropriated for local and regional grants. [Created through initiative petition filed March 11, 1998, and adopted by the people Nov. 3, 1998; Amendment proposed by initiative petition filed Dec. 22, 2009, and adopted by the people Nov. 2, 2010]

 

Section 4b. Use of net proceeds from state lottery for fish and wildlife, watershed and habitat protection. (1) In each biennium the Legislative Assembly shall appropriate all of the moneys in the natural resources subaccount of the parks and natural resources fund established under section 4 of this Article for the uses allowed in subsections (2) and (3) of this section, and to accomplish all of the following:
(a) Protect and improve water quality in Oregon’s rivers, lakes, and streams by restoring natural watershed functions or stream flows;
(b) Secure long-term protection for lands and waters that provide significant habitats for native fish and wildlife;
(c) Restore and maintain habitats needed to sustain healthy and resilient populations of native fish and wildlife;
(d) Maintain the diversity of Oregon’s plants, animals and ecosystems;
(e) Involve people in voluntary actions to protect, restore and maintain the ecological health of Oregon’s lands and waters; and
(f) Remedy the conditions that limit the health of fish and wildlife, habitats and watershed functions in greatest need of conservation.
(2) In each biennium the Legislative Assembly shall appropriate no less than sixty-five percent of the moneys in the natural resources subaccount to one state agency, and that agency shall distribute those moneys as grants to entities other than state or federal agencies for projects that achieve the outcomes specified in subsection (1) of this section. However, if in any biennium the amount of net proceeds deposited in the parks and natural resources fund created under section 4 of this Article increases by more than fifty percent above the amount deposited in the 2009-2011 biennium, the Legislative Assembly shall appropriate no less than seventy percent of the moneys in the natural resources subaccount to one state agency, and that agency shall distribute those moneys as grants to entities other than state or federal agencies for projects that achieve the outcomes specified in subsection (1) of this section. In addition, these moneys shall be used only to:
(a) Acquire from willing owners interests in land or water that will protect or restore native fish or wildlife habitats, which interests may include but are not limited to fee interests, conservation easements or leases;
(b) Carry out projects to protect or restore native fish or wildlife habitats;
(c) Carry out projects to protect or restore natural watershed functions to improve water quality or stream flows; and
(d) Carry out resource assessment, planning, design and engineering, technical assistance, monitoring and outreach activities necessary for projects funded under paragraphs (a) through (c) of this subsection.
(3) In each biennium the Legislative Assembly shall appropriate that portion of the natural resources subaccount not appropriated under subsection (2) of this section to support all of the following activities:
(a) Develop, implement or update state conservation strategies or plans to protect or restore native fish or wildlife habitats or to protect or restore natural watershed functions to improve water quality or stream flows;
(b) Develop, implement or update regional or local strategies or plans that are consistent with the state strategies or plans described in paragraph (a) of this subsection;
(c) Develop, implement or update state strategies or plans to prevent, detect, control or eradicate invasive species that threaten native fish or wildlife habitats or that impair water quality;
(d) Support local delivery of programs or projects, including watershed education activities, that protect or restore native fish or wildlife habitats or watersheds;
(e) Pay the state agency costs of administering subsection (2) of this section, which costs shall not be paid out of the moneys available for grants under subsection (2) of this section; and
(f) Enforce fish and wildlife and habitat protection laws and regulations. [Created through initiative petition filed March 11, 1998, and adopted by the people Nov. 3, 1998; Amendment proposed by initiative petition filed Dec. 22, 2009, and adopted by the people Nov. 2, 2010]

 

Section 4c. Audit of agency receiving certain net proceeds from state lottery. The Secretary of State shall regularly audit any state agency that receives moneys from the parks and natural resources fund established under section 4 of this Article to address the financial integrity, compliance with applicable laws, efficiency and effectiveness of the use of the moneys. The costs of the audit shall be paid from the parks and natural resources fund. However, such costs may not be paid from the portions of such fund, or the subaccounts of the fund, that are dedicated to grants. The audit shall be submitted to the Legislative Assembly as part of a biennial report to the Legislative Assembly. In addition, each agency that receives moneys from the parks and natural resources fund shall submit a biennial performance report [sic] the Legislature [sic] Assembly that describes the measurable biennial and cumulative results of activities and programs financed by the fund. [Created through initiative petition filed March 11, 1998, and adopted by the people Nov. 3, 1998; Amendment proposed by initiative petition filed Dec. 22, 2009, and adopted by the people Nov. 2, 2010]

 

Note: Added as section 4c to the Constitution but not to any Article therein by initiative petition (Measure No. 66, 1998) adopted by the people Nov. 3, 1998.

 

Section 4d. Subsequent vote for reaffirmation of sections 4a, 4b and 4c and amendment to section 4. [Created through initiative petition filed March 11, 1998, and adopted by the people Nov. 3, 1998; Repeal proposed by initiative petition filed Dec. 22, 2009, and adopted by the people Nov. 2, 2010]

 

Section 4e. Transfer of moneys in school capital matching subaccount to school capital matching fund created under section 4, Article XI-P. [Created through H.J.R. 13, 2009, and adopted by the people May 18, 2010; Repealed Jan. 2, 2011, as specified in text of section adopted by the people May 18, 2010]

 

Section 5. Property of married women not subject to debts of husband; registration of separate property. The property and pecuniary rights of every married woman, at the time of marriage or afterwards, acquired by gift, devise, or inheritance shall not be subject to the debts, or contracts of the husband; and laws shall be passed providing for the registration of the wife’s seperate [sic] property.

 

Section 5a. Policy regarding marriage. It is the policy of Oregon, and its political subdivisions, that only a marriage between one man and one woman shall be valid or legally recognized as a marriage. [Created through initiative petition filed March 2, 2004, and adopted by the people Nov. 2, 2004]

Note: Added as unnumbered section to the Constitution but not to any Article therein by initiative petition (Measure No. 36, 2004) adopted by the people Nov. 2, 2004.

 

Section 6. Minimum area and population of counties. No county shall be reduced to an area of less than four hundred square miles; nor shall any new county be established in this State containing a less area, nor unless such new county shall contain a population of at least twelve hundred inhabitants.

 

Section 7. Officers not to receive fees from or represent claimants against state. No State officers, or members of the Legislative Assembly, shall directly or indirectly receive a fee, or be engaged as counsel, agent, or Attorney in the prosecution of any claim against this State.—

 

Section 8. Certain persons not to hold real estate or mining claims; working mining claims. [Constitution of 1859; Repeal proposed by S.J.R. 14, 1945, and adopted by the people Nov. 5, 1946]

 

Section 8. Persons eligible to serve in legislature; employment of judges by Oregon National Guard or public university. Notwithstanding the provisions of section 1, Article III and section 10, Article II of this Constitution:
(1) A person employed by any board or commission established by law to supervise and coordinate the activities of Oregon’s institutions of post-secondary education, a person employed by a public university as defined by law or a member or employee of any school board is eligible to serve as a member of the Legislative Assembly, and membership in the Legislative Assembly does not prevent the person from being employed by any board or commission established by law to supervise and coordinate the activities of Oregon’s post-secondary institutions of education or by a public university as defined by law, or from being a member or employee of a school board.
(2) A person serving as a judge of any court of this state may be employed by the Oregon National Guard for the purpose of performing military service or may be employed by any public university as defined by law for the purpose of teaching, and the employment does not prevent the person from serving as a judge. [Created through initiative petition filed June 13, 1958, and adopted by the people Nov. 4, 1958; Amendment proposed by S.J.R. 203, 2014, and adopted by the people Nov. 4, 2014]

 

Section 8a. [Created through S.J.R. 203, 2014, and adopted by the people Nov. 4, 2014; Section not compiled because of its temporary nature]

 

Section 9. When elective office becomes vacant. The Legislative Assembly may provide that any elective public office becomes vacant, under such conditions or circumstances as the Legislative Assembly may specify, whenever a person holding the office is elected to another public office more than 90 days prior to the expiration of the term of the office he is holding. For the purposes of this section, a person elected is considered to be elected as of the date the election is held. [Created through S.J.R. 41, 1959, and adopted by the people Nov. 8, 1960]

 

Section 10. The Oregon Property Protection Act of 2000. (1) This section may be known and shall be cited as the “Oregon Property Protection Act of 2000.”
(2) Statement of principles. The People, in the exercise of the power reserved to them under the Constitution of the State of Oregon, declare that:
(a) A basic tenet of a democratic society is that a person is presumed innocent and should not be punished until proven guilty;
(b) The property of a person generally should not be forfeited in a forfeiture proceeding by government unless and until that person is convicted of a crime involving the property;
(c) The value of property forfeited should be proportional to the specific conduct for which the owner of the property has been convicted; and
(d) Proceeds from forfeited property should be used for treatment of drug abuse unless otherwise specified by law for another purpose.
(3) Forfeitures prohibited without conviction. Except as provided in this section, a judgment of forfeiture of property in a civil forfeiture proceeding by the State or any of its political subdivisions may not be entered until and unless the person claiming the property is convicted of a crime in Oregon or another jurisdiction and the property:
(a) Constitutes proceeds of the crime for which the claimant has been convicted;
(b) Was instrumental in committing or facilitating the crime for which the claimant has been convicted;
(c) Constitutes proceeds of one or more other crimes similar to the crime for which the claimant was convicted; or
(d) Was instrumental in committing or facilitating one or more other crimes similar to the crime for which the claimant was convicted.
(4) Forfeiture based on similar crimes. Property may be forfeited under paragraph (c) or (d) of subsection (3) of this section only if the claimant is notified in writing of the other crime or crimes claimed to be similar to the crime for which the claimant was convicted. The notice must be given at the time the claimant is given notice of the seizure of the property for forfeiture, and the claimant must have an opportunity to challenge the seizure and forfeiture of the property.
(5) Forfeiture without conviction of claimant. The property of a claimant who has not been convicted of a crime may be forfeited in a civil forfeiture proceeding only if the claimant consents to the forfeiture of the property or the forfeiting agency proves the property constitutes proceeds or an instrumentality of crime committed by another person as described in subsection (3) of this section and:
(a) The claimant took the property with the intent to defeat forfeiture of the property;
(b) The claimant knew or should have known that the property constituted proceeds or an instrumentality of criminal conduct; or
(c) The claimant acquiesced in the criminal conduct. A person shall be considered to have acquiesced in criminal conduct if the person knew of the criminal conduct and failed to take reasonable action under the circumstances to terminate the criminal conduct or prevent use of the property to commit or facilitate the criminal conduct.
(6) Standard of proof. (a) Except as provided in paragraph (b) of this subsection, if the property to be forfeited in a civil forfeiture action is personal property, the forfeiting agency must prove the elements specified in subsection (3) or (5) of this section by a preponderance of the evidence. If the property to be forfeited in a civil forfeiture action is real property, the forfeiting agency must prove the elements specified in subsection (3) or (5) of this section by clear and convincing evidence.
(b) If a forfeiting agency establishes in a forfeiture proceeding that cash, weapons or negotiable instruments were found in close proximity to controlled substances or to instrumentalities of criminal conduct, the burden is on any person claiming the cash, weapons or negotiable instruments to prove by a preponderance of the evidence that the cash, weapons or negotiable instruments are not proceeds of criminal conduct or an instrumentality of criminal conduct.
(7) Value of property forfeited. The value of the property forfeited under the provisions of this section may not be excessive and shall be substantially proportional to the specific conduct for which the owner of the property has been convicted. For purposes of this section, “property” means any interest in anything of value, including the whole of any lot or tract of land and tangible and intangible personal property, including currency, instruments or securities or any other kind of privilege, interest, claim or right whether due or to become due. Nothing in this section shall prohibit a person from voluntarily giving a judgment of forfeiture.
(8) Financial institutions. In a civil forfeiture proceeding, if a financial institution claiming an interest in the property demonstrates that it holds an interest, the financial institution’s interest is not subject to forfeiture.
(9) Exception for unclaimed property and contraband. Notwithstanding the provisions of subsection (3) of this section, if, following notice to all persons known to have an interest or who may have an interest, no person claims an interest in the seized property or if the property is contraband, a judgment of forfeiture may be allowed and entered without a criminal conviction. For purposes of this subsection, “contraband” means personal property, articles or things, including but not limited to controlled substances or drug paraphernalia, that a person is prohibited by Oregon statute or local ordinance from producing, obtaining or possessing.
(10) Exception for forfeiture of animals. This section does not apply to the forfeiture of animals that have been abused, neglected or abandoned.
(11) Law enforcement seizures unaffected. Nothing in this section shall be construed to affect the temporary seizure of property for evidentiary, forfeiture, or protective purposes, or to alter the power of the Governor to remit fines or forfeitures under Article V, Section 14, of this Constitution.
(12) Disposition of property to drug treatment. Any sale of forfeited property shall be conducted in a commercially reasonable manner. Property forfeited in a civil forfeiture proceeding shall be distributed or applied in the following order:
(a) To the satisfaction of any foreclosed liens, security interests and contracts in the order of their priority;
(b) To the State or any of its political subdivisions for actual and reasonable expenses related to the costs of the forfeiture proceeding, including attorney fees, storage, maintenance, management, and disposition of the property incurred in connection with the sale of any forfeited property; and
(c) To the State or any of its political subdivisions to be used exclusively for drug treatment, unless another disposition is specially provided by law.
(13) Restrictions on State transfers. Neither the State of Oregon, its political subdivisions, nor any forfeiting agency shall transfer forfeiture proceedings to the federal government unless a state court has affirmatively found that:
(a) The activity giving rise to the forfeiture is interstate in nature and sufficiently complex to justify the transfer;
(b) The seized property may only be forfeited under federal law; or
(c) Pursuing forfeiture under state law would unduly burden the state forfeiting agencies.
(14) Penalty for violations. Any person acting under color of law, official title or position who takes any action intending to conceal, transfer, withhold, retain, divert or otherwise prevent any moneys, conveyances, real property, or any things of value forfeited under the law of this State or the United States from being applied, deposited or used in accordance with the requirements of this section shall be subject to a civil penalty in an amount treble the value of the forfeited property concealed, transferred, withheld, retained or diverted. Nothing in this subsection shall be construed to impair judicial immunity if otherwise applicable.
(15) Reporting requirement. All forfeiting agencies shall report the nature and disposition of all property seized for forfeiture or forfeited to a State asset forfeiture oversight committee that is independent of any forfeiting agency. The asset forfeiture oversight committee shall generate and make available to the public an annual report of the information collected. The asset forfeiture oversight committee shall also make recommendations to ensure that asset forfeiture proceedings are handled in a manner that is fair to innocent property owners and interest holders.
(16) Severability. If any part of this section or its application to any person or circumstance is held to be invalid for any reason, then the remaining parts or applications to any persons or circumstances shall not be affected but shall remain in full force and effect. [Created through initiative petition filed Jan. 5, 2000, and adopted by the people Nov. 7, 2000; Amendment proposed by S.J.R. 18, 2007, and adopted by the people May 20, 2008]

 

Note: The leadlines to section 10 and subsections (2), (3), (9) and (11) to (16) of section 10 were a part of the measure submitted by initiative petition (Measure No. 3, 2000) adopted by the people Nov. 7, 2000. The leadlines to subsections (4) to (8) and (10) of section 10 were a part of S.J.R. 18, 2007, which was adopted by the people May 20, 2008.

 

Note: The text of section 11 (sections 1 to 3, Measure No. 99, 2000) as submitted to the people was preceded by a preamble that reads as follows:
WHEREAS, thousands of Oregon seniors and persons with disabilities live independently in their own homes, which they prefer and is less costly than institutional care (i.e. nursing homes), because over 10,000 home care workers, (also known as client employed providers), paid by the State of Oregon provide in-home support services;
WHEREAS, home care workers provide services that range from housekeeping, shopping, meal preparation, money management and personal care to medical care and treatment, but receive little, if any, training in those areas resulting in a detrimental impact on quality of care;
WHEREAS, the quality of care provided to seniors and people with disabilities is diminished when there is a lack of stability in the workforce which is the result of home care workers receiving low wages, minimal training and benefits;
WHEREAS, both home care workers and clients receiving home care services would benefit from creating an entity which has the authority to provide, and is held accountable for the quality of services provided in Oregon’s in-home system of long-term care.

 

Section 11. Home Care Commission. (1) Ensuring High Quality Home Care Services: Creation and Duties of the Quality Home Care Commission. (a) The Home Care Commission is created as an independent public commission consisting of nine members appointed by the Governor.
(b) The duties and functions of the Home Care Commission include, but are not limited to:
(A) Ensuring that high quality, comprehensive home care services are provided to the elderly and people with disabilities who receive personal care services in their homes by home care workers hired directly by the client and financed by payments from the State or by payments from a county or other public agency which receives money for that purpose from the State;
(B) Providing routine, emergency and respite referrals of qualified home care providers to the elderly and people with disabilities who receive personal care services by home care workers hired directly by the client and financed in whole or in part by the State, or by payment from a county or other public agency which receives money for that purpose from the State;
(C) Provide training opportunities for home care workers, seniors and people with disabilities as consumers of personal care services;
(D) Establish qualifications for home care workers;
(E) Establish and maintain a registry of qualified home care workers;
(F) Cooperate with area agencies on aging and disability services and other local agencies to provide the services described and set forth in this section.
(2) Home Care Commission Operation/Selection. (a) The Home Care Commission shall be comprised of nine members. Five members of the Commission shall be current or former consumers of home care services for the elderly or people with disabilities. One member shall be a representative of the Oregon Disabilities Commission, (or a successor entity, for as long as a comparable entity exists). One member shall be a representative of the Governor’s Commission on Senior Services, (or a successor entity, for as long as a comparable entity exists). One member shall be a representative of the Oregon Association of Area Agencies on Aging and Disabilities, (or a successor entity, for as long as a comparable entity exists). One member shall be a representative of the Senior and Disabled Services Division, (or a successor entity, for as long as a comparable entity exists).
(b) The term of office of each member is three years, subject to confirmation by the Senate. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term. A member is eligible for reappointment and may serve no more than three consecutive terms. In making appointments to the Commission, the Governor may take into consideration any nominations or recommendations made by the representative groups or agencies.
(3) Other Provisions — Legal Duties and Responsibilities of the Commission. (a) The Home Care Commission shall, in its own name, for the purpose of carrying into effect and promoting its functions, have authority to contract, lease, acquire, hold, own, encumber, insure, sell, replace, deal in and with and dispose of real and personal property.
(b) When conducting any activities in this Section or in subsection (1) of this section, and in making decisions relating to those activities, the Home Care Commission shall first consider the effect of its activities and its decisions on improving the quality of service delivery and ensuring adequate hours of service are provided to clients who are served by home care workers.
(c) Clients of home care services retain their right to select the providers of their choice, including family members.
(d) Employees of the Commission are not employees of the State of Oregon for any purpose.
(e) Notwithstanding the provisions in paragraph (d) of this subsection, the State of Oregon shall be held responsible for unemployment insurance payments for home care workers.
(f) For purposes of collective bargaining, the Commission shall be the employer of record of home care workers hired directly by the client and paid by the State, or by a county or other public agency which receives money for that purpose from the State. Home care workers have the right to form, join and participate in the activities of labor organizations of their own choosing for the purpose of representation and collective bargaining with the Commission on matters concerning employment relations. These rights shall be exercised in accordance with the rights granted to public employees with mediation and interest arbitration as the method of concluding the collective bargaining process. Home care workers shall not have the right to strike.
(g) The Commission may adopt rules to carry out its functions. [Created through initiative petition filed Nov. 10, 1999, and adopted by the people Nov. 7, 2000]

 

Note: The leadlines to subsections (1), (2) and (3) of section 11, except the periods in subsections (2) and (3), were a part of the measure submitted to the people by initiative petition (Measure No. 99, 2000) and adopted by the people Nov. 7, 2000.

 

Note: Section 11 was submitted to the voters as sections 1, 2 and 3 and added to the Constitution but not to any Article therein by Measure No. 99, 2000.

 

Note: In Measure No. 99, 2000, subsection (1)(a) and (b)(A) to (F) were designated as section 1 (A) and (B)(1) to (6); subsection (2)(a) and (b) as section 2 (A) and (B); and subsection (3)(a) to (g) as section 3 (A) to (G). The reference to subsection (1) of this section was a reference to Section 1 above, and the reference to paragraph (d) of this subsection was a reference to subsection (D) of this section.

 

Note: In Measure No. 99, 2000, the period in subsection (1)(b)(F) appeared as a semicolon, and there was no period in subsection (3)(e).

 

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