Board Session Agenda Review Form

Transcription

1 MARION COUNTY BOARD OF COMMISSIONERS OREGON Board Session Agenda Review Form Meeting date: i\ugust3,2016 Department: -egalcounsel Agenda Planning Date: 7/28/16 Time required: 15 mm. Audio/Vis al aids Contact: Scott Morris, Legal Counsel Phone lext Department Head Signature: y&^^r^' TITLE Consideration of order calling for an election concerning the establishment of a 3% local tax on the retail sale of recreational marijuana products. Issue, Description & Background Section 34a, chapter 614, Oregon Laws 2015 (HB 3400 (2015)) provides that a county may adopt an ordinance that imposes a 3% local tax on the retail sale of recreational marijuana products sold in the unincorporated area of a county outside of city limits by a person that holds a state recreational marijuana retailer's license under section 22, chapter 1, Oregon Laws 2015 (HB 3400 (2015)), subject to a requirement that the ordinance be referred to the electors of the county at the next general election. The Marion County Board of Commissioners has adopted an ordinance to that effect for referral to the voters of Marion County on November 8,2016. Under Oregon election law, an order calling for an idection, with a notice of measure election and explanatory statement, are required for the measure to be placed on the ballot. Financial Impacts: Impacts to Department & External Agencies The county bears the costs of a referred ballot measure. The exact cost of this election is unknown at this time. If the board issuestheorder,acopy of the order, with the notice of measure election and explanatory statement, are submitted to the Marion County Clerk to continue the process of placing the measure on the ballot. Options for Consideration: Recommendation: 1. Adopt the order, with attached notice of measure election and explanatory statement, as submitted; 2. Direct staff to make changes to the order, notice of measure election, or explanatory statement; or 3. Take no action at this time. It is recommended that the board adopt the order, with attached notice of measure election and explanatory statement, as submitted. List of attachments: Form of order, with attached notice of measure election and explanatory statement. Presenter: Scott Norris, Legal Counsel I Copies of completed paperwork sent to the following: (Include names and addresses.) Copies to: Scott Norris, snorris@co.marion.or.us

2 BEFORE THE BOARD OF COMMISSIONERS FOR MARION COUNTY, OREGON In the matter of calling for an election ) concerning the establishment of a 3% local ) tax on the retail sale of recreational ) marijuana products by persons holding a ) state recreational marijuana retailer's license ) in unincorporated areas of Marion County ) outside of city limits, ) ORDER No. This matter came before the Marion County Board of Commissioners at its regularly scheduled public meeting on Wednesday, August 3,2016. WHEREAS, section 34a, chapter 614, Oregon Laws 2015 (HB 3400 (2015)) provides that a county may adopt an ordinance that imposes a 3% local tax on the retail sale of recreational marijuana products sold in the unincorporated area of a county outside of city limits by a person that holds a state recreational marijuana retailer's license under section 22, chapter 1, Oregon Laws 2015 (HB 3400 (2015)), subject to a requirement that the ordinance be referred to the electors of the county at the next general election; and WHEREAS, the Marion County Board of Commissioners desires to refer the question of whether to impose a 3% local tax on the retail sale of recreational marijuana products sold in the unincorporated area of the county outside of city limits by a person that holds a state recreational marijuana retailer's license to the voters of Marion County, and has adopted an ordinance to that effect for referral to the voters of Marion County on November 8, 2016; now, therefore, 1. IT IS HEREBY ORDERED that an election be held on November 8, 2016, to submit a question to the electors of Marion County of whether to impose a 3% local tax on the retail sale of recreational marijuana products sold in the unincorporated area of the county outside of city limits by a person that holds a state recreational marijuana retailer's license. A Notice of Measure Election in compliance ORS is attached to and made a

3 part of this order, and an Explanatory Statement in compliance with ORS is also attached to and made a part of this order. 2. IT IS FURTHER ORDERED that, in accordance with ORS , a duplicate copy of this order shall be filed with the Marion County Clerk for publication in accordance with state election law, 3. IT IS FURTHER ORDERED that the County Administrative Officer is delegated authority to sign and submit any Secretary of State forms required for this ballot measure under state law. DATED at Salem, Oregon, this _ day of _ 20_. MARION COUNTS BOARD OF COMMISSIONERS Chair Commissioner Commissioner

4 NOTICE OF MEASURE ELECTION Notice is hereby given that on Tuesday, November 8, 2016, a measure election will be held in Marion County concerning the establishment of a 3% local tax on the retail sale of recreational marijuana products sold in the unincorporated area of the county outside of city limits by a person that holds a state recreational marijuana retailer's license. The following shall be the ballot title of the measure to be submitted to the voters of Marion County on this date: CAPTION Concerning Marion County local tax if recreational marijuana sales allowed. QUESTION Shall Marion County impose a 3% local tax on recreational marijuana retailers in unincorporated areas of county outside of cities? SUMMARY Approval of this measure would impose a local tax on the sale of marijuana products sold by holders of a state recreational marijuana retailer's license in areas of Marion County outside of cities. Under Oregon law, the local tax on recreational marijuana products may not exceed 3%. The local tax may be imposed only on recreational marijuana products. Recreational marijuana products include marijuana and marijuana products like edibles and extracts. The local tax may not be imposed on medical marijuana products, industrial hemp, or the wholesale of recreational marijuana products. The net proceeds of the local tax will be used for public safety services. The Marion County Board of Commissioners has also referred another measure to the voters at the November 8, 2016 election concerning the establishment of recreational marijuana retailers in areas of Marion County outside of cities. The ordinance imposing a 3% local tax on recreational marijuana products would take effect only if the ordinance allowing recreational marijuana retailers is approved by Marion County voters,

5 EXPLANATORY STATEMENT FOR COUNTY VOTERS' PAMPHLET Ballot Title Caption: Concerning Marion County local tax if recreational marijuana sales allowed Measure Number: Word Total: _10_ Approval of this measure would impose a 3% local tax on the retail sale of recreational marijuana products sold by a person that holds a state recreational marijuana retailer's license in areas of Marion County that are outside of cities. In 2014, Oregon voters approved Ballot Measure 91 which includes provisions providing fora variety ofstate-licensed recreational marijuana businesses. In 2015, the Oregon legislature passed a law that allows for a county governing body to adopt an ordinance that imposes a local tax on the retail sale of recreational marijuana products sold in the unincorporated area of a county outside of city limits by a statelicensed marijuana retailer. If a county governing body adopts such an ordinance, it must submit the ordinance to the electors of the county for approval at the next statewide general election. The local tax may not exceed 3%. Also, the local tax may be imposed only on recreational marijuana products. Recreational marijuana products include marijuana and marijuana products like edibles and extracts. The tax may not be imposed on medical marijuana products, industrial hemp, or the wholesale of recreational marijuana products. The net proceeds of the local tax on recreational marijuana products will be used for public safety services. The governing body of Marion County has adopted an ordinance imposing a local tax on the retail sale of recreational marijuana products sold by a state-licensed marijuana retailer in the unincorporated areas of Marion County outside of city limits. As a result, the governing body of Marion County has referred this measure to the voters of Marion County. The Marion County Board of Commissioners has also referred another measure to the voters of Marion County at the November 8, 2015 general election concerning the establishment of recreational marijuana retailers in areas of Marion County that are outside of cities. The ordinance imposing a 3% local tax on the retail sale of recreational marijuana products would take effect only if the ordinance allowing the establishment of recreational marijuana retailers is approved by Marion County voters.