From Casetext: Smarter Legal Research

Kane v. Forbes

Oregon Supreme Court
Jan 19, 1996
909 P.2d 160 (Or. 1996)

Opinion

SC S42626

Argued and submitted October 31, 1994,

Sections 1 to 17 of SB 1156 are declared void January 19, 1996

In Banc

On petition challenging the constitutionality of sections 1 to 17 of Senate Bill 1156 (1995 Special Session).

Henry Kane, petitioner pro se, argued the cause and filed the briefs.

Michael D. Reynolds, Assistant Solicitor General, Salem, argued the cause for respondents. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Charles F. Hinkle, Portland, filed a brief on behalf of intervenor.


PER CURIAM

Sections 1 to 17 of SB 1156 are declared void.


This proceeding is brought to challenge the constitutionality of the light rail funding provisions of Senate Bill 1156, enacted by the Oregon legislature in special session in August 1995. In McIntire v. Forbes, 322 Or. 426, 909 P.2d 846 (1996), this court has held that sections 1 to 17 of SB 1156 are invalid because of a violation of the "one-subject" requirement in Article IV, section 20, of the Oregon Constitution. Petitioner in this case raises that claim, among others. Accordingly, our decision in this case is governed by our decision in McIntire.

Petitioner also argues that the light rail funding provisions of SB 1156 violate the following additional provisions of the Oregon Constitution, for the reasons stated in parentheses: Art XI, § 7 (lending the credit of the state or creating a liability exceeding $50,000); Art IV, § 1(1) (delegating the legislative power of the state vested in the legislature to the State Treasurer); Art I, § 32 (imposing nonuniform tax); Art IX, § 1 (same); Art IV, § 23 (enacting special or local law on taxation). Because of our disposition of the case, we do not consider those arguments.

Sections 1 to 17 of SB 1156 are declared void.


Summaries of

Kane v. Forbes

Oregon Supreme Court
Jan 19, 1996
909 P.2d 160 (Or. 1996)
Case details for

Kane v. Forbes

Case Details

Full title:Henry KANE, Petitioner, v. Donald E. FORBES, Director, Oregon Department…

Court:Oregon Supreme Court

Date published: Jan 19, 1996

Citations

909 P.2d 160 (Or. 1996)
909 P.2d 160