Measures on the November 6 Ballot

Excerpted from http://ballotpedia.org/wiki/index.php/Oregon_2012_ballot_measures

Following the deadline for filing signatures on July 6, 2012, the Oregon Secretary of State certified nine of the 43 initiatives filed for the 2012 ballot. Two measures, 77 and 78, are legislatively-referred constitutional amendments dealing with governmental administration. Four measures, 80, 81, 83 and 84 are ballot-initiated state statutes. Three measures, 79, 82 and 85, are ballot-initiated constitutional amendments.

Measure 77: Oregon Government Branches Amendment—Governor has statutory, but not constitutional, authority to declare state of emergency and direct response to emergency. Measure grants Governor constitutional authority to declare and respond to natural or human-caused catastrophic disaster. Requires approval by a 2/3rds majority.

Measure 78: Oregon Government Branches Amendment—Current state constitutional language describes the governmental separation of powers to be divided into three separate "departments": Legislative, Executive (including Administrative), and Judicial. Measure revises this constitutional phrasing by changing it to refer to three separate "branches" of government, which conforms to more contemporary, commonly-used designations.

Measure 79: Oregon Real Estate Transfer Tax Amendment—Current statutory law prohibits a city, county or district from imposing taxes or fees on the transfer of real estate. However, the state legislature has the authority, subject to Governor approval, to impose such taxes and fees or to change current statutory law. This measure prohibits the imposition of taxes, fees, or other assessments based upon the transfer of any interest in real estate. Measure exempts from the prohibition any taxes, fees, or other assessments in effect and operative on December 31, 2009.

Measure 80: Oregon Cannabis Tax Act Initiative—would create a Cannabis Commission to regulate the cultivation and sale of all forms of cannabis: industrial and recreational, effective January 1, 2013. This measure replaces Oregon’s prohibitory marijuana laws, except those laws addressing medical marijuana and driving under the influence of intoxicants. Currently, marijuana cultivation, possession and delivery for recreational purposes are prohibited while regulated medical marijuana uses are permitted. The measure distinguishes industrial "hemp" from recreational "marijuana" and prohibits the regulation of hemp as an agricultural product. It creates the Cannabis Commission to license marijuana cultivation by qualified persons and to purchase entire crop. Commission sells marijuana at cost to pharmacies, medical research facilities and to qualified adults for profit through state-licensed stores. 90% of net proceeds goes to state general fund, remainder to drug education, treatment, and commercial hemp promotion. Bans sales to, and possession by, minors. Bans public consumption except where signs permit and minors are barred. The Commission will regulate use, set prices, define penalties and perform other duties. Importantly, this measure directs the Oregon Attorney General to defend it against the inevitable federal challenges and predatory prosecutions.

Measure 81: Oregon Gillnet Fishing Initiative—This measure prohibits commercial gillnet salmon fishing by Oregon non-tribal fishers except in specifically designated areas outside mainstream of lower Columbia River but allows use of seine nets instead. Currently, Oregon non-tribal commercial fishers may catch salmon in Columbia River only with gillnets, and only in areas below Bonneville Dam. This measure addresses issues with Washington State fishers too.

Measure 82: Oregon Privately-Owned Casinos Amendment—Under this measure, State Lottery shall permit the operation of privately-owned casinos within the state, provided that the particular operation is approved through initiative law and local approval. Currently, the Oregon Constitution prohibits the operation of any gambling casino within state. A privately-owned casino will pay 25% of adjusted gross revenues for the purposes of fostering economic, educational, civic, environmental enhancement, plus to support all federally-recognized Indian tribes in Oregon, no privately-owned casinos may operate within 60 miles of an existing tribal casino operating on reservation land.

Measure 83: Oregon Multnomah County Casino Initiative—Currently, the Oregon Constitution prohibits establishing gambling casinos within the state. Under this measure, the State Lottery shall issue a renewable 15-year lease permitting the owner of the former Multnomah Kennel Club in Multnomah County to operate gaming devices, table games, keno, and other games of chance at that site. Measure would become operative only if Measure 82 passes.

Measure 84: Oregon Estate Tax Phase-Out Initiative—Current state law imposes a one-time tax on an estate after a death if the estate is valued at least $1,000,000. Current law taxes income-producing property sales, regardless of parties' relationship. This measure incrementally phases out estate/inheritance tax, tax on property transfers between "family members" (defined), and tax on property transferred in connection with person's death and prohibits imposition of such taxes on property of a dead person.

Measure 85: Oregon Corporate Tax "Kicker" Funds for Education Initiative—The General Fund is the primary funding source for schools, prisons, social services other state-funded programs/services. Current law requires an automatic "kicker" refund of corporate income and excise tax revenue when that revenue exceeds estimated collections by two percent or more. Measure allocates the corporate income and excise tax "kicker" refund to the General Fund to provide additional funding for K-12 public education. Measure does not change the personal income tax "kicker" provision.

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