Oregon Advisory Opinions February 07, 1966: OAG 66-17 (February 7, 1966)

Oregon Attorney General Opinions

1966.

OAG 66-17.

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Change in boundaries of congressional districts by chapter 1, Oregon Laws 1965 (special session), will not affect election of Board of Governors until 1968, unless law is changed prior thereto.

You have asked certain questions as to the effect chapter 1, Oregon Laws 1965 (special session), will have on the nomination and election of the "Governors" of the Oregon State Bar. This law amended ORS 250.290 so as to bring about a change in the boundaries of the four congressional districts and providing an effective date when the law will

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become operative. In answering your problem the date when the law will go into operation will be discussed first and then the effect of the law changing the boundaries of the congressional districts last.

Section 6 of chapter 1 provides as follows:

"This Act shall not become operative until the day of the regular general election in 1966, except that it shall be operative prior thereto for the purpose of nomination of candidates to be voted upon for the office of Representative to the Congress of the United States at the regular election in 1966."

It is further provided in § 5 of the law that:

"This Act shall not have the effect of disqualifying any person who, on the basis of residency in a congressional district, was selected to any public office before the operative date of this Act or is holding any public office on the operative date of this Act, nor of terminating his term of office sooner than it would otherwise expire. * * *"

Statutes pertaining to the nomination and election of the membership to the Board of Governors of the Oregon State Bar are ORS 9.020 to 9.040.

ORS 9.020 in part provides:

"The Board of Governors of the Oregon State Bar shall consist of three members from each congressional district * * *."

ORS 9.040 in so far as applicable to your problem provides:

"The election of governors shall be held on the third Monday of August of each year. * * * The secretary shall mail ballots containing the nominations for office of governor in each congressional district to every active member in such district, on or before the first day of August preceding such election. * * *"

It is self-evident from the language of chapter 1, Oregon Laws 1965 (special session), that it will not affect the election of governors to the bar in 1966. The express language of § 6 of chapter 1 suspended the operating force of the law until November 8, 1966, the date of the regular general election. Section 5 of chapter 1 preserves the term and tenure of the incumbent in the office. Thus the changing of the boundaries of the congressional districts would not affect the election of the Board of Governors of the Oregon State Bar until the 1967 August election, unless the law is changed by the intervening Legislative Assembly.

In the nomination and election of the members of the board in 1967 you will be confronted with the problem of determining the area to be included in the congressional districts, that is, the area of the districts as it existed prior to November 8, 1966, or as it will be subsequent to that date.

The problem arises from the principle that:

"When a statute adopts by specific reference the provisions of another statute, regulation, or ordinance, such provisions are incorporated in the form in which they exist at the time of the reference, and not as subsequently modified; whereas, the reference is general, such as a reference to a system or body of laws or to the general law relating to the subject in hand, the referring statute takes the law or laws not only in their contemporary form but also as they may be changed from time to time." Seale et al. v. McKennon, (1959) 215 Or. 562, 572, 336 P. (2d) 340.

Reference to "congressional district" in ORS 9.020 and following would obviously mean those districts established by ORS 250.290. It is thus apparent that the legislature in using the descriptive language "congressional district" was specifically referring to ORS 250.290, and thus incorporated into ORS 9.020 and 9.040 by the language describing the boundaries of congressional districts.

Were we confronted with the general rule of construction governing reference statute as set out in KcKennon above, the question would resolve itself into the proposition of whether or not the reference in ORS 9.040 was general or specific. See Opinions of the Attorney General, 1962-1964, p. 482.

But here, as in the above opinion, this problem is eliminated in view of ORS 174.060 which provides:

"When one statute refers to another, either by general or by specific reference or designation, the reference shall extend to and include, in addition to the statute to which reference was made, amendments thereto and statutes enacted expressly in lieu thereof unless a contrary intent is expressed specifically or unless the amendment to, or statute enacted in lieu of, the statute referred to is substantially different in the nature of its essential provisions from what the statute to which reference was made was when the statute making the reference was enacted."

It is obvious that in a reading of the provisions of chapter 1, Oregon Laws 1965 (special session), there is no specific expression of legislative intention that the amendment was not to apply to ORS 9.040 nor is the amendment to ORS 250.290 made by chapter 1, Oregon Laws 1965 (special session), "substantially different in nature of its essential provisions from what the statute to which reference was made was when the statute making the reference was enacted."

It is my opinion that the members of

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the Board of Governors are nominated and elected in 1966 by the members of the bar residing in congressional districts as they existed prior to the enactment of chapter 1, Oregon Laws 1965 (special session). Elections held in 1967 and thereafter, unless the law is changed, will be governed by the congressional districts established by chapter 1, Oregon Laws 1965 (special session).