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OHW v. KITZHABER

(SC S46770; S46771)

986 P.2d 1167 (1999)

329 Or. 339

In the Matter of the Constitutionality of Senate Bill 686 OREGONIANS FOR HEALTH AND WATER, an Oregon nonprofit corporation; Michael Feves; Joe Leary; Darren C. Pennington, and E. Lee Reedy, Petitioners, v. John A. KITZHABER, Governor of the State of Oregon; and the Department of Corrections, Respondents. State ex rel Oregonians for Health and Water, an Oregon nonprofit corporation; Michael Feves; Joe Leary; Darren C. Pennington; and E. Lee Reedy, Plaintiffs-Relators, v. Phil Keisling, Secretary of State of the State of Oregon, Defendant.

Supreme Court of Oregon, En Banc.

Decided September 16, 1999.

Attorney(s) appearing for the Case

James N. Westwood, Miller, Nash, Wiener, Hager & Carlsen, LLP, Portland, argued the cause and filed the briefs for petitioners, plaintiffs-relators. With him on the briefs was William H. Walters, Portland.

Robert M. Atkinson, Assistant Attorney General, Salem, argued the cause and filed the briefs for respondents and defendant. With him on the briefs were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

GILLETTE, J.

These consolidated proceedings present a challenge to the validity of the emergency clause in Senate Bill (SB) 686, an act passed during the last legislative session and signed by the Governor on August 20, 1999. The legislation concerns the siting of a women's correctional facility and intake center complex. The underlying question in each proceeding is whether SB 686 is an act "regulating taxation or exemption" under Article IX, section 1a, of the Oregon...

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