Sizemore v. Myers , 336 Or. 148 ( 2003 )

PER CURIAM

In this ballot title review proceeding under ORS 250.085(2), petitioner contends that the Attorney General’s ballot title regarding Initiative Petition 71 (2004) does not comply substantially with the requirements of ORS 250.035. See ORS 250.085(5) (describing that standard for judicial review of ballot titles). Initiative Petition 71, if adopted, would amend the Oregon Constitution to require the legislature to impose “a tax on gross receipts derived from or apportionable to businesses in this state,” and would direct revenues that the tax raises to education. The terms “gross receipts” and “business,” among other terms, are defined in the proposed measure.

We have examined petitioner’s contentions and conclude that none is well taken. An opinion explaining in detail the basis for that conclusion would not benefit the public, the parties, or the bar. Accordingly, we certify to the Secretary of State the ballot title that the Attorney General certified, the text of which appears below. See ORS 250.085(8) (requiring that disposition).

“AMENDS CONSTITUTION: ESTABLISHES TAX (UP TO 1.25%) ON ‘GROSS RECEIPTS’ (DEFINED); DEDICATES REVENUES TO PUBLIC EDUCATION

“RESULT OF TES’ VOTE: Tes’ vote establishes tax (up to 1.25%) on ‘gross receipts’ (defined) generated through Oregon activities; dedicates revenues to public education (preschool through higher education).

“RESULT OF ‘NO’ VOTE: ‘No’ vote rejects establishing tax on ‘gross receipts’ generated in Oregon to fund public education (preschool, kindergarten through twelfth grade, community college, and higher education).

“SUMMART: Amends constitution. Establishes tax on ‘gross receipts’ (defined as value received from sales, compensation for services, stock/bond trades, interest, dividends, discounts, royalties, rents, other fees) generated through activities in Oregon. Dedicates revenues to public education (preschool, kindergarten through twelfth grade, community college, higher education). Creates exemption from tax when gross receipts are under $250,000. Establishes tax rate starting at 0.2% when gross receipts are between $250,000 and $500,000; rate increases stepwise (0.5%, 0.75%, and 1.0% rates) to 1.25% when gross receipts exceed $10 million. Permits legislature to create limited exemptions, deductions, credits. Requires legislature to establish cost-minimizing tax-administration methods. Requires school districts, other governmental units receiving revenues, to publish budget summaries. Other provisions.”

Ballot title certified.