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LWVOR President:
Marge Easley
LWVOR Action Committee
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Chair:
Norman Turrill
Citizen Access Coordinator:
Paula Krane
Governance Coordinator:
Kappy Eaton
Natural Resources Coordinator:
Peggy Lynch
Social Policy Coordinator:
Karen Nibler
Portfolio members and committee representatives:
Bob Adams
Debbie Aiona
Jane Baumgarten
Diana Bodtker
Anna Braun
Barbara Browning
Sarah Chaplen
Anita Francis
Barbara Fredericks
Liz Frenkel
Norma Jean Germond
Gail Holmes
Ellen Maddex
Janet Markee
Erin Miller
Margaret Noel
Barbara Ross
Nancy Stevens
Pam Vavra
Legislative Report Editor:
Rebecca Smith
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LWVOR Legislative Report, (c) 2008. Information
contained in this report may be reprinted with attribution to the League
of Women Voters of Oregon.
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Volume
18, Issue 5
February 29, 2008
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Making the Case for Annual Sessions
This issue of the Legislative Report gives the highlights of
the three-week supplemental session that has just concluded - which
key bills passed and which failed. Did this
"experiment" succeed? The League believes the
answer is clearly "yes," since legislators were able to deal
with some very important issues in a more thoughtful and timely public
forum. Also, this session's success underscored three reasons why
annual sessions are necessary in the future:
- Budget corrections or realignments can be made as needed to reflect changes in forecasted revenue and
also the impact of new issues (e.g., the crisis with the Oregon
State Hospital and our child welfare system). These changes
can be made by the entire Legislature rather than a few members of
the Emergency Board. Unfortunately, with the current economic
downturn and even gloomier predictions for the future, there may
be even more budget adjustments necessary after the May 29
forecast.
- The Legislature is able to formulate an early response to
the public's requests to address issues raised by the initiative
process. Having the Legislature consider
these issues allows for a more thoughtful alternative and gives an
opportunity for input from a broad range of interested
parties. An excellent example was provided this session with
prosecutors and law enforcement getting together to forge a
referral dealing with increased penalties for property crimes.
- Complex issues can be deferred from the regular session and
studied during the interim, so that consensus
can occur in time for the even-year session. An example from
this session was the plan to study withdrawing water from the
Columbia River and storing it in aquifers.
Despite the accelerated pace, for the most part we
were pleased with this session, with public access opportunities, and
with the quality of the deliberations process. Legislative
Concept draft bills were provided pre-session, often with public
hearings or informational meetings where the public could provide input
before bills were filed. The Oregon Legislature website provided quick
access to committee agendas and proposed bills. The Oregon Channel and
the legislative audio archive
provided instant access for anyone in the state that was interested in
monitoring the action. As usual, access to proposed amendments remained
problematic.
 The League gives praise to this session's
legislative leadership from both parties for their sense of purpose and their prudence with
state resources. We also commend the excellent legislative staff
and committee administrators, as well as the hard work of those in the
Legislative Fiscal Office (budget information) and the Legislative
Revenue Office (taxation information). We are lucky to have a
dedicated group of professionals who are knowledgeable about a wide range
of issues and can provide impartial information to our elected leaders.
Marge Easley, President
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 Protecting Programs in Crisis
After presenting two scenarios to deal with the February economic
forecast, the Ways and Means Committee was faced with a more than $150
million revenue shortfall projection for the remainder of the 2007-09
biennium and the job of protecting some of the programs in
crisis. In order to add 214 child welfare workers (600
needed), to prevent further deterioration of care at the Oregon
State Hospital (the feds are threatening action), and to allow
the addition of 39 more state troopers (for 24/7 road coverage) by
June 30, 2009, $20 million was taken from the Lottery Fund
reserves. The biggest cut came for the Rainy Day Fund
which will not receive 1% of the biennia ending balance, but only about
$30 million.
The Oregon State Hospital,
under considerable pressure from the feds for both care and treatment
of patients at the hospital, received $1 million for immediate staff
additions and $4 million in funds to be dispersed by the Emergency
Board later.
The next economic forecast is scheduled for May 29.
According to the pre-projections offered on February 8, there is little
expectation for improvement in employment or tax revenues, and perhaps
a larger shortfall for the General Fund. Beyond that, the economists
predict better times.
 Looking
Ahead to 2009: The Task Force on Comprehensive
Revenue Restructuring gave an interim report to the House and
Senate Revenue committees. It has held three meetings and will
continue monthly through October when the final draft of the report to
the 2009 session will be presented. Several work groups have been
formed to deal with short and long term revenue solutions for both
state and local governments, including one on citizen information and
access. Members of the task force have vocally recognized the critical
need to involve the public in the discussions. The League will
be monitoring both work groups and the full task force meetings and
will speak or write our comments as appropriate.
Kappy Eaton
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 Limited Progress on Health Care
The referral to the voters for Health
Care as a Right passed in the House but failed to make it through
the Senate process.
The House bill to cover more children under the existing health plan
failed to come out of Ways and Means due to anticipated costs.
The League testified in favor of
the health care coverage for more children. See the Legislative Report
Background Page for more information.
The primary care model grants were included in the Ways and
Means budget bill, although only two grants will be awarded during the
interim. The Oregon Health Fund Board
was permitted to spend donated funds during the interim planning
process. The LWVUS has a position in favor of a
basic level of quality care for all U.S. residents.
The Senate Health Care Committee passed a bill which stipulated income
tax credits for rural providers. A proposal to fund
consultation in mental health cases for rural clinics via telemedicine
was heard in the regular and supplemental session and hit a snag in the
process again. Another bill to speed up payments to rural
health clinics failed too. The House bill to add Licensed
Counselors and Licensed Family Therapists to those reimbursable
from insurance plans passed with ease. (More information can be
found on the Legislative Report
Background Page.
 Seniors and People with
Physical Disabilities (DHS) has won an increase in rates for
Medicaid reimbursement to residential facilities, which was
reflected in the Ways and Means budget. This increase was necessary to
retain spaces in private residential facilities. The division also
received construction funds for the replacement of two group homes
for developmentally disabled persons in Salem. The previously
under-funded Oregon Project Independence
was awarded additional funds from the Senior Property Tax Deferral
Account. The Quality Care Fund and abuse reporting
requirements for Seniors and People with Physical Disabilities
facilities failed in the Ways and Means process.
The Department of Human Services
(DHS) was directed to assess the Medicaid capacity of facilities and
establish capacity targets, which will be reported to the Legislature.
The Senate bills to create a Task Force on Mental Health and
Addiction Services for Underserved Populations and the assessment
of the community mental health care delivery system failed.
However, the Ways and Means process did appropriate funds to the
Department of Human Services Budget for the assessment and
evaluation of the community mental health care component of the
delivery system (See the Legislative Report
Background Page). DHS must provide a written report to the
Senate Interim Committee no later than October 1, 2008. LWVOR has
a position on a comprehensive adult mental
health services system and a separate position on mental health services for
children and youth.
Karen Nibler
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 M 49 Implementation Funded
The Legislature approved funding for the Department of Land
Conservation and Development and the Department of Justice
to review and process Measure 49 claims. The League is
pleased that staffing will be available to both claimants and neighbors
as these claims are processed. It is important that all parties
get questions answered promptly and that valid claims are processed in
a manner that honors the will of the voters.
Peggy Lynch
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An omnibus bill (HB 3626), which was
constructed from several proposals by Ways and Means on the final day,
added such things as approval of the University of Oregon $200
million bond issue for a basketball arena, residential care
facilities, veteran's small business loans, community mental health,
increased Medicaid reimbursement rates, and $2 million for affordable
housing (see articles on Health Care and Housing for more
information on these last three items).
Kappy Eaton
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 Aquifer Recharge and Grants
for Water Studies
The Legislature approved
$750,000 for a Umatilla Basin aquifer recovery assessment and
feasibility study. The City of Pendleton currently stores
water underground for its purposes. Because we know there will be
water shortages around the state in the future, this study is
meant to provide information, not only for a possible project in the
Umatilla area but also for possible applications in other areas of the
state.
Also approved was $1.6 million for the Water Resources Department
to establish a grant program to help pay costs of planning studies
related to water conservation, reuse or storage projects.
Capped at $500,000 per individual grant, it is assumed these monies
will be awarded to other areas of the state. The League would really
like to see local jurisdictions apply for grants that focus on
conservation, since we know that these efforts can increase water
capacity by 10% at much less cost.
Peggy Lynch
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 Human Services Funded
The Department of Human Services budget was allocated additional funds
for Child Welfare Caseworkers and Assistants, the Children's
Wraparound Initiative in Mental Health and the Mental Health Assessment.
The Oregon State Hospital required additional funding for
administrative hearings and additional staffing in response to a
federal evaluation. Twenty one staff plus a manager will
be hired initially, but many more are due to be phased in. The
staff additions will be expensive over 2 biennia.
Karen Nibler
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 Initiative and Ethics Reform
The Legislature was not in the mood to tweak more pieces of Oregon's
direct democracy, although several proposals were heard in both the
Senate and House Rules committees. A bill (SB 1083) to require
the Oregon Supreme Court to rule on ballot title challenges in a timely
manner, provide more scrutiny for rejected signatures on petitions and
require the Secretary of State to respond more quickly to election
complaints, died in committee after several proposed amendments
were discussed. When it was amended, the League supported SB 1083. See
the Legislative Report
Background Page for more information on this bill. Serious
changes in the initiative system were already implemented January 1,
and various changes to the Ethics Commission and its mission also are
evolving. There are still some lawsuits pending on these changes.
Looking Ahead to 2009: Two presentations with proposals on
improving the initiative system made to the Senate and House Elections
committees are expected to be bill drafts next January. The
Portland City Club's new comprehensive report on the initiative process
sparked interesting questions and some support from legislators.
The desire for some kind of citizen review for initiatives prior to the
General Election also provoked positive comments for Healthy Democracy Oregon,
which is planning a demonstration of the process in August in the metro
area.
Kappy Eaton
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 Oregon Judiciary Enters 21st Century
The eCourt Project was approved in Ways and Means and funded by
Certificates of Participation bonds throughout 2008-09. A Public
Safety Agency Data Sharing Work Group will be formed to assist the
Criminal Justice Commission to identify data requirements, develop
uniform data management standards, and timeframes for implementation.
The LWVOR study on the Oregon Judiciary
recognized a need for an update of technology equipment in the
courtrooms.
Karen Nibler
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 The Department of State Lands
was approved to spend $1.5 million to increase their wetlands
mitigation program. This program has been successful in helping
provide mitigation for development opportunities.
Peggy Lynch
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Making Housing More Affordable
The Housing and Community Services Department received $1
million from the General Fund for the purpose of preserving the state's
existing supply of affordable housing units. The Department will
provide a match from federal funds and other funds. The Housing
bill did not pass, but the funding was folded into the Omnibus Budget
bill. (See the Legislative Report
Background Page.) LWVOR is a member of the Oregon Housing Alliance.
LWVUS has a position supporting housing assistance and
housing subsidies.
Karen Nibler
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League Supports Election Law Changes
 The Secretary of State will now be
required to use an address change service to determine the
residence status of voters (SB 1098). ORESTAR, which provides
electronic information on campaign contributions and expenses,
(Oregon's only campaign finance tool), will now highlight
out-of-state contributors (SB 1071). The
League is supportive of both these changes. See the Legislative Report
Background Page for more information on these two bills.
A major General Election concern for the League is the proposed revision
of the double majority requirement now in the Constitution.
Kappy Eaton
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The ballot title for SB 1087, the referral
to the voters, will be "Increases Sentences for Drug
Trafficking, Theft Against Elderly and Specified Repeat Property and
Identity Theft Crimes; Requires Addiction Treatment for Certain
Offenders." The League has a position on Adult Corrections and
sentencing guidelines so will consider a position on this General
Election 2008 ballot measure. See the Legislative Report
Background Page.
Another Judiciary Committee bill (SB 1095) increased
bail up to a maximum of $500,000 for adult offenders charged with
manufacture or delivery of methamphetamine in order to guarantee a hold
on meth dealers who might have the funds to make bail on a lesser
amount. The Marion County District Attorney spoke out about the meth
war and the number of arrests and convictions in his county. His
testimony was also more evidence for the referral to the voters of SB
1087 above. All interested parties approved of the increased bail
requirements, and SB 1095 passed easily.
Karen Nibler
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 Although no funding was authorized,
the Legislature agreed that the Department of Education
can use one half-time position to implement a Farm-to-School program to
promote the use of local products in our public schools.
(See HB 3601.)
Peggy Lynch
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Juvenile driving privileges can now be suspended or revoked for
traffic offenses just like adult driving privileges. This was
an effort to provide consistency in application of the law.
Juvenile departments must notify public schools about students, who
have been convicted of crimes. This notification was expanded to
require District Attorneys to notify schools when the juveniles were
charged with certain crimes. This bill was supported by the Oregon Education
Association (OEA), Oregon Juvenile Department
Directors Association, the Oregon District Attorneys
Association, and Crime Victims United.
It was opposed by the Juvenile Rights Project,
ACLU, and the Oregon Criminal Defense
Lawyers Association. OEA suggested that the bill be passed and
referred to the Oregon Law Commission
for recommendations. The bill passed in the House Education
Committee in the last hours before the committees closed. The
League observed the proceedings but did not testify. The referral
of the bill to the Oregon Law Commission before it was passed would
have eliminated any potential problems with this change in the law.
Karen Nibler
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