November 6, 2007 - 2 State Measures

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REFERRED TO THE PEOPLE BY THE LEGISLATIVE ASSEMBLY
                                                
MEASURE 49

MODIFIES MEASURE 37; CLARIFIES RIGHT TO BUILD HOMES; LIMITS LARGE DEVELOPMENTS; PROTECTS FARMS, FORESTS, GROUNDWATER.  

RESULT OF “YES” VOTE: “Yes” vote modifies Measure 37; clarifies private landowners’ rights to build homes; extends rights to surviving spouses; limits large developments; protects farmlands, forestlands, groundwater supplies.    YES  

RESULT OF “NO” VOTE: “No” vote leaves Measure 37 unchanged; allows claims to develop large subdivisions, commercial, industrial projects on lands now reserved for residential, farm and forest uses.    NO 

SUMMARY: Modifies Measure 37 (2004) to give landowners with Measure 37 claims the right to build homes as compensation for land use restrictions imposed after they acquired their properties. Claimants may build up to three homes if previously allowed when they acquired their properties, four to 10 homes if they can document reductions in property values that justify additional homes, but may not build more than three homes on high-value farmlands, forestlands and groundwater-restricted lands. Allows claimants to transfer homebuilding rights upon sale or transfer of properties; extends rights to surviving spouses. Authorizes future claims based on regulations that restrict residential uses of property or farm, forest practices. Disallows claims for strip malls, mines, other commercial, industrial uses. See Explanatory Statement for more information.   
ESTIMATE OF FINANCIAL IMPACT: The measure would require one-time state administrative expenditures of $8.7 to $12.5 million to evaluate claims received to date for adherence to measure requirements.
    In the short term, the measure would require state administrative expenditures of $1 million to $2 million per biennium to evaluate future claims. In the long term, state administrative costs may be reduced as the measure limits the scope of potential future claims. The amount of those potential reductions cannot be determined.
    Potential state litigation costs cannot be determined.
    The measure authorizes compensation to landowners. The amount of state expenditures to pay claims for compensation cannot be determined.
    The measure authorizes establishing a claims review fee for new claims not to exceed the actual and reasonable cost of reviewing a claim. The impact on state revenues cannot be determined.
    The measure clarifies ongoing claims review processes and is expected to reduce local government claim processing costs from current levels. The amount of these potential reductions cannot be determined.
    The measure authorizes compensation to landowners. The amount of local government expenditures to pay claims for compensation cannot be determined.
    The effect of the measure on local government revenues cannot be determined.
                                               

AMENDS CONSTITUTION: DEDICATES FUNDS TO PROVIDE HEALTH CARE FOR CHILDREN, FUND TOBACCO PREVENTION, THROUGH INCREASED TOBACCO TAX.   

RESULT OF “YES” VOTE: “Yes” vote dedicates funds to provide health care for children, low-income adults and medically underserved Oregonians, and fund tobacco prevention programs, through increased tobacco tax.    YES  

RESULT OF “NO” VOTE: “No” vote rejects proposal to dedicate funding for children’s health care, other health care programs, and tobacco prevention programs; maintains tobacco tax at current level.    NO  

SUMMARY: This measure increases the tobacco tax and dedicates the new revenue to providing health care for children, low-income adults and other medically underserved Oregonians, and to funding tobacco prevention and education programs. The measure increases the tax on cigarettes by 84.5 cents per pack, and increases the tax on other tobacco products. The measure will fund the Healthy Kids Program created by the 2007 legislature to provide affordable health care for uninsured children. The measure will fund tobacco prevention programs, safety net clinics, rural health care and health care for Oregon’s lowest income families and individuals through the Oregon Health Plan. If the measure does not pass, these health care programs will not be expanded, and the Healthy Kids Program will not become law.   
ESTIMATE OF FINANCIAL IMPACT: This measure increases state revenue by an estimated $152.7 million for the 2007-2009 budget period. Revenue is estimated to increase $233.2 million in the following two-year period. These estimates account for a projected decline in the sale of tobacco products because of higher prices. These estimates would be reduced if further restrictions on smoking become law. The additional state revenue generated by this measure would be available to allocate to programs that provide health care for children, low-income adults and other medically vulnerable Oregonians, and to tobacco prevention programs.
                                               

WARNING - Any person who, by use of force or other means, unduly influences an elector to vote in any particular manner or to refrain from voting, is subject to a fine. (ORS 254.470)