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LEGISLATIVE REPORT

Published by the League of Women Voters® of Oregon

 

 

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Follow Key Bills


The League's bill matrix, which lists key bills that we are following this session, is updated weekly.  The matrix includes legislative action taken, League action taken, and links to our testimony.

 

 

 

Volunteer


Help is needed to monitor legislative committees and report back to the Action Committee.  If you live close to Salem or have an Internet connection, you can learn to track bills and listen to hearings. Help is needed to monitor legislative committees and report back to the Action Committee.  It is a fascinating experience if you have time to dedicate to the legislative process.  Contact LWVOR to volunteer. 

 

Double Majority

The double majority appears to be on the way to Oregon citizens for a decision. The House has passed HJR 14 and the Senate has a similar measure. It would invalidate the 50/50 requirement for any elections held in May or November in any year. The vote on the constitutional amendment referral will probably be in November 2008, although that hasn't been finally decided.

Kappy Eaton, Governance Coordinator

 

 

LWVOR Action Committee

Chair:
Norman Turrill

Vice Chair:
Marge Easley

Citizen Access Coordinator:
Paula Krane

Governance Coordinator: Kappy Eaton

Natural Resources Coordinator:
Liz Frenkel

Social Policy Coordinator:
Karen Nibler

Legislative Coordinator:
Brena Lopez

Portfolio members and committee representatives:
Bob Adams
Debbie Aiona
Jane Baumgarten
Diana Bodtker
Anna Braun
Barbara Browning
Sarah Chaplen
Anita Francis
Barbara Fredericks
Norma Jean Germond
Fran Greenlee
Gail Holmes
Peggy Lynch
Ellen Maddex
Janet Markee
Erin Miller
Margaret Noel
Barbara Ross
Penny Spaccarotelli
Nancy Stevens
Pam Vavra

Intern:
Terra Ashford

Legislative Report Editor:
Rebecca Smith

 

 

 

Fiscal Policy

Tax credits continue on the agenda of both House and Senate Revenue committees, each calling for increases or expansions in current credits.  Hearings have been held on measures which would reduce or repeal these costly tax expenditures, but there is no apparent movement to deal with them.  We will be meeting with Senator Deckert next week to discuss his proposal to hear a number of tax credit bills and review them as to their purpose and value.  This could be a beginning.  Stay tuned.

The Co-chairs' proposed 2007-09 budget is getting both applause and rejection.  Still up in the air are the issues of Healthy Kids (tobacco tax increase), stable revenue for State Police, shoring up community colleges, and the ending balance.  The Senate Operations and Legislative Reform committee held another hearing on SB 474 April 11.  This is the broad proposal by Senators Morse (R), Westlund and Schrader (Ds), to both budget differently and to operate differently in the Legislature.  There will be more analysis in Legislative Report #11.

Kappy Eaton, Governance Coordinator 

 

Major Progress from the Legislature this Session


What do domestic partnerships, double majority requirement, more stable funding for the Government Standards and Practices Commission (GSPC), initiative reform, election law improvements and tax credits all have in common?  They are getting hearings and action in this session of the Oregon Legislature!!!  After several legislative sessions of advocacy in opposition to proposed measures and only courtesy or no hearings on issues of importance to the League and many other organizations, we have the opportunity to see major progress coming from the actions of the 74th Oregon Assembly.  This Legislative Report has a sampling, with more to come in report #11 (in two weeks).

Kappy Eaton, Governance Coordinator

 

Parks Budget Going Forward

On April 5th, the State Parks budget passed the Natural Resources Subcommittee with a "do pass" recommendation to the Full Ways and Means Committee.  The subcommittee and Co-Chairs heard our plea to use Measure 66 lottery dollars to acquire more park land for future generations.  More than $23 million was recommended to be targeted to land purchase and Parks was directed to work harder to meet the goal of 35 park acres per 1,000 Oregonians.  The lesson here is to look at the Key Performance Measures the Legislature sets for department budgets and target testimony to address how the money you want spent will help meet those measurements. 

Some special programs were not funded because of the concern that new programs might not be able to be sustained long term.  And the Governor's recommended facilities maintenance budget was cut, but money for local grants was increased.   

The Full Ways and Means must still approve this budget and there is always some adjustment of some budgets after the May forecast and before end of session, but it looks like, for 2007-09, we will see more land for state parks.   

Peggy Lynch, Action Committee Member

 

 

Election Laws Change

Finally, after three sessions, the bill to remove polling places from Oregon election laws and recognize vote by mail officially - SB 74 - was moved to the Senate floor by the Senate Rules committee April 6.  Also going to the Senate with a "do pass" recommendation is SB 124 which allows the Attorney General to correct clerical errors in draft or certified ballot titles.  A favorable hearing was given to SB 951 which directs community colleges and state higher education institutions to adopt plans to encourage students to register and vote in elections.  This bill is being promoted by the Oregon Students Association which works very hard prior to the General Elections to register students and also to get them to participate by voting.  Many leagues in college communities assist with these activities. It also appears that the Oregon Presidential Primary might move to February 5, along with many other states including New York and California. HB 2084 is in Ways and Means with a price-tag of more than $2 million for this special election.

Kappy Eaton, Governance Coordinator

 

 

Donate to the Legislative Report

Thank you to those of you who have generously contributed funds for the Legislative Report.  The Legislative Report costs money to produce, yet we don't want to limit who can receive it by charging a subscription fee.  Please support the volunteer Action Team's efforts to share the happenings at the Capitol with you and others.  You can send a donation, marked "Legislative Report" to the LWV address below. 

Thank you.

 

 

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Welcome to issue 10 of the Legislative Report. This report will highlight issues around budgets, ethics, the criminal justice system, and tax expenditures.

Link here to our printer-friendly version.

We will not publish the Legislative Report next week, due to our busy schedule at the Day at the Legislature (see article below).  The report will resume its regular schedule the following week.

If you have not yet subscribed, just click on the "Subscribe" button at left. You can unsubscribe at any time.  The email version of the Legislative Report is free. 

Sincerely,

Norman Turrill, Action Chair
Marge Easley, Action Vice Chair

 

 

Capitol buildingDay at the Legislature

 
April 19, 2007

Oregon State Library Room #102

9:00 am to 3:30 pm

Sponsored by

League of Women Voters of Oregon

Registration deadline: It's not too late!  Email lwvor@lwvor.org or call 503-581-5722 (leave a message) to let us know you're coming and mail your check by Saturday, April 14, and we'll fit you in.   Registration Form

Agenda

9:00 AM         Registration and Coffee

9:20 AM         Welcome

9:30 AM         Program

Invited Speakers:     

Rep. Berger - Modernizing Oregon's Bottle Bill
Rep.  Buckley - Promoting Good Governance and Ethics

Rep.  Macpherson - Dealing with M37 Land Use Issues

Legislative Analysis and Updates from the League's State Action Committee

12:00 PM       Lunch

Invited Speakers:

Sen. Schrader, Sen. Morse, Sen. Westlund - A New Vision for Oregon's Budget Process

1:00 PM          Preparation for meetings with Legislators

1:15 PM          Visit Legislators and Attend       Committee Hearings (We will attend legislative appointments in groups and will make every attempt to schedule you with your own Senator or Representative.)

3:00 -3:30 PM Return evaluation forms and legislative visit reports

We look forward to seeing you there!

5 Minute Activist

5 MINUTE ACTIVIST

Should the buyers and users of tobacco and alcohol pay for health care and substance abuse treatment?  Do you approve of a higher tax on tobacco, beer, wine, and distilled spirits?  If you do, contact your legislators and let them know that health care for children and substance abuse treatment are important.  Ask them to support a revenue increase from tobacco, beer, wine and liquor to fund these programs.

You can help: Contact your senators and representatives.

To find more information on this issue, read the article below.

 

Taxing Users for Treatment, Funding Healthy Kids

Since alcohol and drug treatment were not funded in the proposed budget, several bills have been introduced for this purpose.  SB 181 eliminates the sunset on cigarette and tobacco tax revenues to pay for tobacco enforcement. SB 184 gets revenue from the sales of distilled liquors. Senate Judiciary sent the bills to Ways and Means. HB 2201A proposes a tobacco tax to fund Healthy Kids insurance coverage. It was also sent to Ways and Means. SB 844 fines meth users and uses funds for treatment. SB 1008 from Oregon Criminal Lawyers Association creates a Substance Abuse Treatment Fund, Oregon Liquor Control Commission (OLCC) funds, to pay for diversion treatment programs.

Several House bills were assigned to the Revenue Committee. HB 2347 increases the tax on wine, beer and cider to pay for alcohol and drug prevention and treatment and mental health treatment.  HB 2535 imposes a malt beverage fee to fund local alcohol and drug and mental health services. HB 2731 increases the tax on malt beverages, wine and cider and uses funds for alcohol and drug prevention and treatment and for the Oregon State Police. HB 3255 imposes additional taxes on malt beverages to pay costs of debt for new state mental hospital facilities. HB 3421 increases the tax on malt beverages over 5 years with revenue dedicated to Oregon State Police and county alcohol rehabilitation and detoxification programs. HB 3370 directs the OLCC to transfer 5% of revenue to the Criminal Justice Commission for drug court treatment.

Clearly legislators are making the connection between users and payment for substance abuse treatment, but will the bills get passed? Lobbyists for the beer and wine industry have held off these tax increases in previous sessions. For the above bills to stay alive, they must be passed out of one chamber by the end of April. Time is critical - call or e-mail your legislators and support a revenue increase from tobacco, beer, wine and liquor.  See the action alert above for contact information.

Karen Nibler, Social Policy Coordinator

 

 

Rancher with cowsA Better Measure 37?

 

On April 12th, the Jt. Special Committee on Land Use Fairness met to hear details of a "Framework for a Better Measure 37", a compromise that a Work Group from the Fairness Committee had worked on during 14 meetings held since February 23rd.  The Work Group, consisting of the Co-Chairs Sen. Prozanski and Rep. Macpherson, and Sen. Schrader, Rep. Garrard and Rep. P. Smith, met with Tim Nesbitt of the Governor's Office and used as technical staff DLCD Director Lane Shetterly and DOJ Attorney Richard Whitman.  

The framework was released last week, with the caveat that no agreement had been reached by the Work Group.  The Co-Chairs then took the framework and asked technical staff to fill in the details and present the compromise proposal for public comment/hearings.  It was acknowledged that some details had been modified.  Below are my notes from the April 12th meeting.

On claims that are pending, there would be two paths to settlement in rural (outside UGBs) areas:  an express lane where the claimant is the owner and had a right to build when they acquired the property (and before March 1, 1994 when the $80,000 income rule was adopted and the Legislature adopted acreage limits).   The claimant can get 1-3 homes (only what they originally asked for in the pending claim).  After the Dec. 4, 2006, deadline, they must apply under a land use action and be denied as per M37 today.  

The conditional path would have the same criteria as the express lane BUT could ask for up to 10 homesites.  These claims 1) cannot be for high value farmland (in ORS 215) nor the Harbor Bench land (on the extreme south Oregon coast where lilies grow) nor for groundwater critical or restricted areas nor in viticulture areas determined by the USDA.  The conditional path also has the burden to prove that they lost value beyond the 1-3 houses in the express lane.  

Claims which have already been approved and for which the owners feel they are "vested" (probably by having received a building permit) may choose to continue their current path.

The process would be for ALL claimants to receive a notice from DLCD explaining their choices.  They would have 90 days to consider their choices.  (In both the express and successful conditional paths, transferability would be granted after processing.)  DLCD would process the claims (local governments would NOT be burdened additionally) and would "authorize" the specific number of homesites for which claimants would qualify.

After receiving authorization, the claimants would still need to go through a local process to develop their property.  Current development standards would apply UNLESS they would prohibit the authorized number of homesites.  There may be acreage and clustering requirements; for instance, a maximum of 2 acres per site in high value farmland, with maximum of 5 acres sites elsewhere.  Dwellings would need to try to avoid high value farmland.  If there were several claims, the claimant could cluster the housing on the least valuable farmland (or on one parcel of many).

Because this process might take some time, the measure would allow heirs to step into the shoes of a claimant if the claimant dies before exercising the approved claim.  Rights would be fully transferable under the "new" Measure 37.  There would be no time limit for development so long as the claimant has the property; if the claimant sells, then a maximum of 10 years is allowed for the Measure 37 authorization to be used.

There would be only ONE filing; counties and claimants would be relieved from processing these currently duplicate claims.  The MAXIMUM homesites under this process would be 20 under any one name.  

Inside UGBs, claimants could get 1 or more homesites if zoned for residential use; would have to be the owner and have had the right to develop when they acquired the property.  Processing of these claims would be at the local level (city or county).  

All claims would be for residential requests ONLY.  Measure 37 would continue forward for residential use (so new claimants would have to be denied a land use application at the local level and apply for relief).  However, they must show at least a 20% reduction in value.  (This % comes from TX, MS and LA who have a similar requirement of % loss of value...some more, some less.)  For the future, VALUATION IS CENTRAL.  The claimants must show REAL loss.

There are also details related to cleaning up the process between state and local jurisdictions, judicial review, and a new Office of Ombudsman would be created to help claimants and mediate claims.

An Emergency Clause would be added so that this proposal (or multiple bills to implement) would go into effect immediately on passage and signing by the Governor.

LLCs (Limited Liability Corporations) would NOT be considered continual ownership, but a spouse who married but was not added to the property title WOULD be a continual ownership as of marriage date.  

On Tuesday, April 17, the Fairness Committee will begin to accept testimony on the above proposal.   The current posted agenda has a number of bills listed, but the text of those bills may NOT include the elements listed above.  If you choose to testify, focus your points on the elements listed above (or listen to the hearing over the web at the legislative website: www.leg.state.or.us/listn/listenset.htm

The League has taken no position on this proposal.  We have concerns related to the number of homes which may be allowed.  We believe the proposal is complicated and would not like to see additional lawsuits (there are more than 160 in which the state is involved and more at the local level).  We have yet to see the actual language of the compromise.  But there are elements which deserve consideration.  Stay tuned.

Peggy Lynch, Action Committee Member  

 

 

Discrimination Issues Bring Passionate TestimonyLesbian couple

The House Committee on Elections, Ethics, and Rules held marathon sessions on SB 2 and HB 2007 on April 9 - two hours in the morning and four hours in the evening. There were five overflow rooms and a full hallway of supporters and opponents for the evening session.   Invited, legislative and citizen testimony was presented, in panels of three or four, alternating between proponents and opponents.  The arguments were often passionate on both sides.  The League's principles that all citizens must have equal opportunities, and no person or group should suffer legal, economic or administrative discrimination provided the basis for our support of both measures.

SB 2 bans discrimination on the basis of sexual preference (includes heterosexual as well as homosexual, bi and transgender) in housing, public accommodation and employment.  The bill is very comprehensive, opening all of the statutes which prohibit discrimination and making them all inclusive.  The major disagreement about this bill from the religious community stems from the religious exemption which allows non-compliance of the proposed statute for activities which are connected with the primary purpose of the religious organization.  It excludes nonprofit businesses owned by the organization or other activities now directly connected with the core operation.  The federal protection, with attending case law, and SB 2 are deemed adequate by the supporting attorneys, but questioned by church opponents.

HB 2007 gives a right to a Declaration of Domestic Partnership and a Certificate of Registered Domestic Partnership to couples of the same sex in a committed relationship.  Many of the legal rights, but not all, afforded to married couples would be granted those with the Civil Union status.  Of particular concern are rights to health care decisions, property transfer, parental and financial decisions.  The bill distinguishes between marriage, as defined by Oregon law, and the Domestic Partnership. During the discussion, the committee was reminded that the first attempt to allow domestic partnerships was made during the 1973 session at which time the House passed it.  Three other attempts, in 1987, 1997 and 2005, also died after passage in only one chamber.

SB 2 passed the Senate 21 - 7.  Both bills have now been moved to the House floor by the committee.

Kappy Eaton, Governance Coordinator

 

 

Legislature in Action Near You!

This week there are still two Joint Ways and Means Committee hearings away from the Capitol.  If you are near one of these areas, take the time to go and observe our Legislature in action.  Or even testify if you feel strongly about an area of the budget, although sign up early if you want a chance to be heard.    To make sure the schedule hasn't changed, check out the legislative agendas online.

The following is the current schedule as of this report:

Friday, April 13 6:30 PM
Joint Ways and Means
South Medford High School Auditorium
815 South Oakdale Ave.
Medford

Saturday, April 14 1:00 PM
Joint Ways and Means
North Bend High School
Multi-Purpose Room
2323 Pacific St.
North Bend

Town Hall Meetings on Loss of Timber Money

A group of legislative leaders from both houses and parties will be touring some of the hardest hit counties affected by the potential loss of federal dollars from the Secure Rural Schools and Community Self Determination Act.  Each of the meetings will be public, but it is up to the county commissioners in each county as to whether there will be public testimony and the format of the meetings. If you are interested in talking to the Legislature about this issue, contact your local commissioners and make arrangements through them. The legislators are there to listen. Let them know what you think about the impact of this loss of funds to your county and what you think some of the solutions might be.

The schedule as of now is below. However, contact your County Commissioners or check your local paper for details and last minute changes.

Thursday, April 19 6:30 PM
Grants Pass (Josephine County)
Anne Basker Auditorium

Friday, April 20 10 or 11 AM
Gold Beach (Curry County)
Curry County Annex

3 PM Coquille (Coos County)
Coos County Annex - N. 3rd and N. Central

Saturday, April 21 8:30 AM
Roseburg (Douglas County)  Holiday Inn Express Conference Room - 375 W. Harvard Blvd.

1:30 PM Eugene (Lane County)
Serbu Youth Center - 2727 Martin Luther King Blvd.

Paula Krane, Citizen Access Coordinator

 

 

Initiative Process Could See Major Changes

The omnibus bill, HB 2082A, with 5 sets of amendments, has been moved by the House Elections, Ethics and Rules committee to the House floor via Ways and Means.  Among the major revisions to the Oregon initiative system are the following:

  • all paid-signature gatherers must register with the Secretary of State (SOS) and carry a registration card with an id number and photograph given by the SOS
  • increases from 25 to 1000 the number of signatures required on the initial filing of an initiative in order to obtain a ballot title, but allows these signatures to be included in qualifying the petition for the ballot
  • the SOS will create a single-signature petition, exempt from witness requirements, which can be downloaded and printed from the Internet
  • Bureau of Labor and Industry (BOLI), SOS and Attorney General (AG) will share information during investigations of signature gathering
  • chief petitioners must report contributions and expenditures electronically and regularly
  • chief petitioners with paid signature gatherers must maintain payroll records for SOS, AG and BOLI review

The League supports all of these revisions which should improve the process.  In addition, the Senate Rules committee has heard SB 575 which would require that all chief petitioners be Oregon citizens, and SB 73 which would prohibit signature-gatherers on nominating petitions or voter registration cards from being paid by the signature.

Kappy Eaton, Governance Coordinator

 

 

Ethics

The Senate Rules committee has sent