Oregon Ballot Measure 48 (2006)
Encyclopedia
Oregon ballot measure 48 was one of two unsuccessful ballot measures sponsored by the Taxpayers Association of Oregon (TAO) on the November 7, 2006 general election ballot. Measure 48 (a version of the Taxpayer Bill of Rights
) was an initiated constitutional amendment
ballot measure. Oregon statute
currently limits state appropriations to 8% of projected personal income in Oregon (with certain exceptions). If Governor
declares emergency, legislature
may exceed current statutory appropriations limit by 60% vote of each house. This measure would have added a constitutional provision limiting any increase in state spending from one biennium to next biennium to the percentage increase in state population, plus inflation, over previous two years. Certain exceptions to limit, including spending of: federal, donated funds; proceeds from selling certain bonds, real property; money to fund emergency funds; money to fund tax, "kicker
," other refunds were included in the provisions of the measure. It also would have provided that spending limit may be exceeded by amount approved by two-thirds of each house of legislature and approved by majority of voters voting in general election.
requires the Legislature to adopt budgets that do not exceed the revenue predicted for that same two-year period.
A state law also limits general fund spending to eight percent of personal income for that same two-year period but has not affected spending to date. The "kicker" law that refunds taxes that exceed a revenue forecast made prior to the legislative session limits revenue available for state services. That constitutional amendment has refunded collected revenue to individuals seven times and corporations six times.
and Senate
and a subsequent approval by a majority of the voters, spending for state services in a two-year period cannot exceed the amount spent in the previous two-year period plus the combined rate of the increase of the state's population and inflation in that same, previous, two-year period.
If passed, the amendment would apply to spending of aggregate revenues collected from a variety of sources including but not limited to: income tax, lottery
receipts, tuition, professional licensing and other taxes and fees. The measure would not have applied to revenues from the following sources: federal funds, voluntary donations to state agencies, proceeds from the sale of bonds specifically approved by the voters and proceeds from the sale of real property at real market value to non-government entities.
The measure would not apply to money spent for the following purposes: tax and "kicker" refunds or money placed in an emergency fund or a "rainy day" reserve fund. (Money placed into an emergency or "rainy day" fund would not be available for state spending in excess of the spending limit without a 2/3 vote of the House and Senate and approval by the voters.)
The Legislative Fiscal Office estimated that the measure's effect in the 2007 biennium would restrict spending of approximately $2.2 billion out of approximately $35.6 billion in revenues estimated to be subject to the limit.
If it had been passed and put into effect, the Legislature could refund the restricted funds to taxpayers, place them in the funds noted above, leave them in the treasury and/or, with a 2/3 vote of each house of the legislature refer to voters a plan to spend them on state services.
TAO, the main organized support for the measure received 94% of its funding from Illinois-based Americans for Limited Government
, which sponsored similar measures in numerous states in 2006. Opposing groups also pooled their resources in pushing for the defeat of both Measures 41
and 48, spending $1.9 million.
Taxpayer Bill of Rights
The Taxpayer Bill of Rights is a concept advocated by conservative and free market libertarian groups, primarily in the United States, as a way of limiting the growth of government...
) was an initiated constitutional amendment
Initiated constitutional amendment
An initiated constitutional amendment is an amendment to a state's constitution that results from petition by the state's citizens. By utilizing this initiative process, citizens are able to propose and vote on constitutional amendments directly, without need of legislative referral...
ballot measure. Oregon statute
Oregon Revised Statutes
The Oregon Revised Statutes is the codified body of statutory law governing the U.S. state of Oregon, as enacted by the Oregon Legislative Assembly, and occasionally by citizen initiative...
currently limits state appropriations to 8% of projected personal income in Oregon (with certain exceptions). If Governor
Governor of Oregon
The Governor of Oregon is the top executive of the government of the U.S. state of Oregon. The title of governor was also applied to the office of Oregon's chief executive during the provisional and U.S. territorial governments....
declares emergency, legislature
Oregon Legislative Assembly
The Oregon Legislative Assembly is the state legislature for the U.S. state of Oregon. The Legislative Assembly is bicameral, consisting of an upper and lower house: the Senate, whose 30 members are elected to serve four-year terms; and the House of Representatives, with 60 members elected to...
may exceed current statutory appropriations limit by 60% vote of each house. This measure would have added a constitutional provision limiting any increase in state spending from one biennium to next biennium to the percentage increase in state population, plus inflation, over previous two years. Certain exceptions to limit, including spending of: federal, donated funds; proceeds from selling certain bonds, real property; money to fund emergency funds; money to fund tax, "kicker
Kicker (Oregon tax rebate)
The Oregon tax rebate, commonly referred to as the kicker, is a rebate given to both individual and corporate taxpayers in the U.S. state of Oregon when a revenue surplus exists. The Oregon Constitution mandates that the rebate be issued when the calculated revenue for a given biennium exceeds the...
," other refunds were included in the provisions of the measure. It also would have provided that spending limit may be exceeded by amount approved by two-thirds of each house of legislature and approved by majority of voters voting in general election.
Background
The State of Oregon budgets spending in two-year periods, beginning July 1 of odd-numbered years. The Oregon ConstitutionOregon Constitution
The Oregon Constitution is the governing document of the U.S. state of Oregon, originally enacted in 1857. As amended the current state constitution contains eighteen sections, beginning with a bill of rights. This contains most of the rights and privileges granted in the United States Bill of...
requires the Legislature to adopt budgets that do not exceed the revenue predicted for that same two-year period.
A state law also limits general fund spending to eight percent of personal income for that same two-year period but has not affected spending to date. The "kicker" law that refunds taxes that exceed a revenue forecast made prior to the legislative session limits revenue available for state services. That constitutional amendment has refunded collected revenue to individuals seven times and corporations six times.
Description of the Measure
Ballot Measure 48 would have restricted the amount of money the State could spend in its annual budget. It proposed to limit state spending by amending the state's constitution to provide that, unless approved by a 2/3 vote of both the Oregon HouseOregon House of Representatives
The Oregon House of Representatives is the lower house of the Oregon Legislative Assembly. There are 60 members of the House, representing 60 districts across the state, each with a population of 57,000. The House meets at the Oregon State Capitol in Salem....
and Senate
Oregon State Senate
The Oregon State Senate is the upper house of the state-wide legislature for the U.S. state of Oregon. Along with the lower chamber Oregon House of Representatives it makes up the Oregon Legislative Assembly. There are 30 members of the State Senate, representing 30 districts across the state,...
and a subsequent approval by a majority of the voters, spending for state services in a two-year period cannot exceed the amount spent in the previous two-year period plus the combined rate of the increase of the state's population and inflation in that same, previous, two-year period.
If passed, the amendment would apply to spending of aggregate revenues collected from a variety of sources including but not limited to: income tax, lottery
Oregon Lottery
The Oregon Lottery is run by the government of Oregon. It is a member of the Multi-State Lottery Association .- History :The Oregon Lottery was enabled by an amendment to the Oregon Constitution, approved by voters in the 1984 general election. The Lottery began the next year, eventually offering...
receipts, tuition, professional licensing and other taxes and fees. The measure would not have applied to revenues from the following sources: federal funds, voluntary donations to state agencies, proceeds from the sale of bonds specifically approved by the voters and proceeds from the sale of real property at real market value to non-government entities.
The measure would not apply to money spent for the following purposes: tax and "kicker" refunds or money placed in an emergency fund or a "rainy day" reserve fund. (Money placed into an emergency or "rainy day" fund would not be available for state spending in excess of the spending limit without a 2/3 vote of the House and Senate and approval by the voters.)
The Legislative Fiscal Office estimated that the measure's effect in the 2007 biennium would restrict spending of approximately $2.2 billion out of approximately $35.6 billion in revenues estimated to be subject to the limit.
If it had been passed and put into effect, the Legislature could refund the restricted funds to taxpayers, place them in the funds noted above, leave them in the treasury and/or, with a 2/3 vote of each house of the legislature refer to voters a plan to spend them on state services.
Election results
During the November 7, 2006 general election and Measure 48 was rejected by a large margin, garnering only 379,971 out 1,303,600 (29.15%) of the vote on this ballot line.TAO, the main organized support for the measure received 94% of its funding from Illinois-based Americans for Limited Government
Americans for Limited Government
Americans for Limited Government describes itself as a non-partisan, nationwide network committed to advancing free-market reforms, private property rights and core American liberties...
, which sponsored similar measures in numerous states in 2006. Opposing groups also pooled their resources in pushing for the defeat of both Measures 41
Oregon Ballot Measure 41 (2006)
Oregon ballot measure 41 was one of two unsuccessful ballot measures sponsored by the Taxpayers Association of Oregon on the November 7, 2006 general election ballot...
and 48, spending $1.9 million.
See also
- List of Oregon ballot measures
- Howard RichHoward RichHoward S. Rich, also Howie Rich is a Manhattan-based real estate developer who is notable for funding libertarian oriented political initiatives such as term limits, school choice, parental rights regarding education, limited government and property rights. He has published essays advocating these...
, major funder of Measure 48. - Oregon Ballot Measure 41 (2006)Oregon Ballot Measure 41 (2006)Oregon ballot measure 41 was one of two unsuccessful ballot measures sponsored by the Taxpayers Association of Oregon on the November 7, 2006 general election ballot...