Annual Sessions
Campaign Finance
Election Methods
Ethics
Fiscal Policy
Initiatives and Referenda
Climate Change
Columbia Basin
Land Use
Offshore and Coastal Management
Parks
Water
Adult Corrections
Health Care: Mental Health
Health Care: Physical Health
Housing
Postsecondary Education
Citizen Access
Feb. 1, 2008: The League has been monitoring the interim legislative committees for both their proposals and their accessibility to the public. There have been a number of committee hearings in the last eight months and all have had ample advance notification and public input.
The Oregon State Legislature has wanted the public to know what is happening and to be involved. Many of these hearings have been on ideas that will be part of legislation proposed during this supplemental session.
However, there have been some behind-the-scenes negotiations on such items as what issues will be covered and the number of bills that can be proposed. How much access the public has lost by this is hard to judge, since this is part of the political game that is always played out in order to have meaningful compromise.
All of the rules for the supplemental session have not been announced, but we can assume that they will be using the rules from the previous regular session, which included many of the changes for which we have advocated over the years. Because it will be such a short session, some adjustments have been made (the Ways and Means Committee will be meeting as a whole instead of as several subcommittees), and we will be there to make sure these changes do not infringe on our access to the process. We will again be watching to make sure that budget notes do not set public policy but simply set the benchmarks or goals to be achieved.
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Governance
Annual Sessions
Feb. 22, 2008: Rumors always abound around the state Capitol, but there is one scenario about annual sessions which seems to have legs. It goes like this: At the close of the current special session, no constitutional amendment would be forwarded for a public vote. Instead, there would be another special session in 2010, after the 75th Assembly in 2009, and the necessary amendment would be submitted in an election that year, or in 2011 at a special election. Take your pick and join the annual session lottery.
One fact has emerged in the session debate and seems to be generally agreed upon: the special session this year does enable the critical discussions around the state and national economies and allows budget readjustment by the Legislature, rather than by the smaller Emergency Board. It is that need for an annual budget assessment that led the League to adopt its position in favor of annual sessions.
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Feb. 15, 2008: Remarkable! At the end of the first week of the 2008 Special Session, committees are moving bills to their respective chambers. They are also holding informational sessions on issues that are expected to be addressed at the 75th assembly in 2009.
All is not sweetness and light, however, because minority members of committees often are voting against proposals or seeking amendments, particularly in some committees, such as Elections and Education.
This last Tuesday, February 12, was the deadline day for most committees to have taken action on the bills before them. These will be moved swiftly through the House and Senate, if all goes according to plan, and will go to respective committees in the opposite chambers for action by February 19 or 20.
While most agendas were posted 48 hours before the first week's hearings, the notice will change to 24 hours when bills hit the second chamber.
Feb. 8, 2008: There are only twenty days to consider, discuss, and enact legislation during this special session, so legislators, as well as those of us following this session, must act quickly.
After Senator Larry George challenged the session's emergency status, on February 1 the Oregon Supreme Court upheld the 2007 legislative decision to try an "annual" session, indicating that budgetary and social issues need attention before 2009.
Feb. 1, 2008: We are about to embark on a new legislative experience - a trial annual session of short duration - February 4 through February 29.
You may be interested to know that in territorial days from 1849 to 1859, Oregon's legislative function was bicameral and annual sessions were held. When the Oregon Constitution was adopted in November 1857, it provided for sessions every two years in even numbered years, and beginning in 1860, those sessions were held in the fall. In 1885, the biennial sessions were moved to the early winter months to accommodate members who farmed.
If this pilot project is deemed successful, Oregonians will have an opportunity to amend the Constitution to provide for legislative sessions of specific duration for the odd and even numbered years, although initially budgets will still be adopted for a two-year period and the terms of legislators will not change.
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Campaign Finance
Feb. 15, 2008: The Senate Elections and Ethics Committee has moved to the floor the bill for out-of-state campaign contributions (SB 1071).
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Feb. 8, 2008: SB 1071, which would require that all out-of-state campaign contributions be highlighted in a different colored font on ORESTAR, was heard in the Senate Rules Committee February 5. ORESTAR is Oregon's online campaign finance disclosure system.
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Election Methods
Feb. 22, 2008:
House Elections, Ethics and Rules Committee is now debating the merits of SB 1071B, which requires ORESTAR to indicate out-of-state campaign contributions and changes prior-year reporting requirements. It should pass out of committee. The committee is also debating SB 1098A, but it was gutted and stuffed after leaving the Senate Elections and Ethics Committee. It would have required the Department of Motor Vehicles to register a citizen to vote unless they opt out. It now deals only with the timing and receipt of mailed voter registration cards and directs the Secretary of State to subscribe to a change of address service to update voter registration records and to provide such information to county clerks. It is expected to pass.
A new bill, HB 3634, was heard February 19 by the House Elections, Ethics and Rules Committee. This proposal would require that the Secretary of State number ballot measures for the General Election in the following order:
- Constitutional amendments referred by the Legislature first, in order of their certification
- Statutory referrals from the Legislature in order of their certification, and
- Citizen initiatives and referenda last, in order of their certification.
Bills for nonpartisan state offices and fusion voting did not make it out of committee, but are expected to appear in 2009.
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Feb. 15, 2008: The Senate Elections and Ethics Committee has moved to the floor funding for statutes created by initiative (SB 1070) and SB 1098. SB 1098 provides for automatic voter registration when applying for a Driver's license or ID card unless the individual opts out of the system.
In an unusual maneuver for three of these bills, the committee chair had to call in Senate President Courtney to provide a third vote to move the bills out of committee.
Feb. 8, 2008: On February 6 and 7, the Senate Rules Committee heard SB 1096 which designates the offices of Secretary of State, State Treasurer, and Attorney General as nonpartisan; SB 1070 which requires the Legislature to provide funding for statutes created or amended by initiative petition if passed by voters, but no funding if the measure is defeated (the League is seeking clarification of the meaning of this proposal); and SB 1102 which provides for fusion voting. The League's Election Methods study committee is researching fusion and other ballot alternatives.
Feb. 1, 2008: In joint hearings, the House and Senate Rules committees will be holding informal sessions on election methods such as fusion, instant runoff, open primary and the National Popular Vote interstate compact. This is considered preparation for possible bills in 2009, but leadership expects arguments.
Primary opposition to changes in the ballot centers on the costs of ballot preparation and the software/hardware replacements needed for implementation.
Some discussion is expected around the presidential primary date. There is also a bill to allow the Republican presidential candidate to appear on Oregon's November ballot even though that person will be nominated after the Voters' Pamphlet deadline..
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Ethics
Feb. 1, 2008: A lawsuit is challenging the lobbying expenditure limits of SB 10, the comprehensive ethics reform bill passed in 2007.
Many Oregon Administrative Rules connected with this legislation are just being drafted and considered by the Government Ethics Commission. Legislative leadership is not predicting any significant changes to SB 10.
The lawsuit centers around the reduction from $100 to $50 as the limit for providing gifts, food, etc., to a public official.
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Fiscal Policy
Feb. 22, 2008:All state agencies seem to be having their day for budget challenges at the Ways and Means Committee hearings that take place just about every day. No final decisions have been made, and the projected shortfall in the February economic forecast provides concern for the legislative priorities that leaders would like to protect. We know that work groups are meeting on specific issues, but the solutions are being amended to bills the day they are heard in committee. The final budget readjustment will take place just before Sine Die. See the Legislature's press release covering budget issues discussed this week.
The Senate has passed SB 1082, which requires the Department of Revenue to report and evaluate its policies regarding compliance of taxpayers in filing income tax forms. It was heard in House Revenue on February 18 and sent to the House floor after an excellent report from the Department of Revenue about their compliance practices and current technology changes. A report on the status of Other Funds included in General Fund revenue was also presented during the second meeting of the committee. Also moved to the House floor was SB 1081 (which passed the Senate 30-0), which is a reconnect to the federal tax codeto correct for the tax impacts from the congressional stimulus package and which could result in up to a $35 million revenue loss.
Probably dead-in-the-water is SB 1077A, which would have allowed an income tax credit for seniors when their property tax equaled or exceeded a specified percentage of household income. The projected fiscal impact was minus $1.2 million for the current biennium and minus $2.4 million for 2009-11. The bill could be held for 2009, however, in case the revenue forecast improves.
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Feb. 15, 2008: For the first time since 2003, the revenue prediction has contracted from the previous forecast, according to Friday's economic forecast. The December 2007 economic forecast was one of caution, showing slight growth in individual tax returns and employment figures, with concern for the housing and financial markets nationally, and in Oregon for wood products. The February 8, 2008, economic forecast was even more cautious as the ending balance for 2007-09 has declined from a projected $207 million to $29 million. The projected 1.2 percent drop in income tax revenues is $183 million, which will cause adjustments to the Legislature's adopted budget. Instead of $139 million going to the Rainy Day Fund, the current projection is only $29 million.
The Ways and Means Committee is now looking at further cuts while still protecting priority programs. On February 11, the committee heard from the Department of Administrative Services (DAS) concerning their compensation package. The committee was quite dissatisfied and has asked for a comprehensive review of the high percentage salary increases, some information about longevity of personnel, comparable private market salaries, and performance outcomes. An answer is expected from DAS before the special session ends.
The Senate also has considered SB 1081, which updates the income connection to the federal tax code, and SB 1082, which requires the Department of Revenue to report on taxpayer compliance.
Feb. 8, 2008: All budgets wait for today's economic forecast. In preparation for the all-important news, the Ways and Means Committee was briefed on Feb. 4 on two possible scenarios for dealing with changes in the budget figures as adopted in June, 2007:
- If there is a revenue shortfall of between $25 million and $125 million, certain priorities would occur: Rainy Day would receive $139.5 million (1 % of the GF expenditures); 39 more state police by June, 2009; reinvested DHS case load savings of $9.5 million ($14.6 million); $350,000 for Big Look; $4.4 million for Measure 49.
- If there is a evenue status-quo, there would be the same amount to Rainy Day Fund; add-backs to DHS $14.6 million; Child Welfare issues (staff), OHP Health Services, 39 state police by 1/09; preserve affordable housing $2 million; water storage, quality, conservation $3 million; small business loans to veterans $250,000; Big Look $75,000 more; one-time disaster relief supplement $500,000; Kids Wrap-around Services start $275,000; and Oregon 150, $500,000 with match.
Today will tell us which plan, if either, legislators will have to follow in planning for the fiscal year.
Other revenue bills of note: SB 1081 would re-connect with the federal tax code and other tax provisions. SB 1082 would direct the Department of Revenue to report on the level of individual taxpayer compliance to the Legislature and make recommendations on improving compliance..
Feb. 1, 2008: The House and Senate Revenue committees are expected to discuss business energy taxes, reconnection to part of the federal tax code, the February economic forecast (February 8), and the Rainy Day and Education Stability Funds. They will also hear a brief report from the Task Force on Comprehensive Revenue Restructuring that has held three meetings to date.
In addition, it is expected they will monitor the resolution on the Secure Rural Schools Fund (county O&C moneys) brought by the House Rural Policy Committee in response to the Oregon local governments fiscal crisis. The House Consumer Protection Committee will be discussing mortgages, liens, sub-prime loans and foreclosure notices.
On January 24, scenarios for modest, medium and severe recessions and their impact on the Oregon economy were presented to the Task Force on Comprehensive Revenue Restructuring in a serious look at revenue projections for this and the next two biennia. After the February 8 economic forecast, Ways and Means and the Revenue committees will be discussing the 2007-09 adopted budget as to any adjustments that must be made. At the moment, the Oregon economy is flat, but within projections.
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Initiatives and Referenda
Feb. 22, 2008: Both the House and Senate Election committees held informational hearings on the recommendations in Portland City Club's report on initiative reforms and the Citizen Initiative Review proposal by Healthy Democracy Oregon. The committees asked excellent questions, and proposals for initiative reforms will be forthcoming in 2009. The citizen review idea is expected to be tried in a pilot demonstration in Portland in August, using one of the 2008 qualified initiatives for the discussion.
Dead for this session is SB 1083, which required timelines for the Supreme Court to respond to ballot title challenges, quicker response time for election fraud complaint solutions, and greater scrutiny of rejected petition signatures.
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Feb. 15, 2008: The Senate Elections and Ethics Committee has moved to the floor the bill covering ballot titles, petition signatures, and complaints (SB 1083). The League testified in general support of SB 1083.
Feb. 8, 2008: As the new requirements for paid petition gatherers and their employers went into effect January 2, grumbling from some petition businesses has started. HB 2082 (2007) requires that employers keep payroll records regarding the number of signatures collected by each employee and the basis for paying them hourly, weekly, etc. It is against the law to pay by the signature. Some counting of petitions has been delayed because the paperwork hasn't been turned in, and Bill Sizemore is charging that the Secretary of State is "destroying" the initiative process and denying citizens their rights. Chairs of the Senate and House Rules committees have indicated they will not be discussing changes to HB 2082 during the supplemental session.
As you have undoubtedly heard, an important ruling was decided this week on the issue of whether signatures on a referendum (or initiative) petition are equal to a vote. On February 1 the federal judge lifted the injunction on implementing the Domestic Partnerships law (now in effect February 4) and held that signing a petition is not tantamount to voting. Opponents of the legislation, with funding from the Alliance Defense Fund (religious liberty attorneys based in Arizona), indicated they may appeal or file an initiative to repeal the act. The League is also celebrating this ruling as an important step toward eliminating discrimination.
House Elections, Ethics and Rules heard a bill (HB 3604) February 5 that would allow a chief petitioner to withdraw an initiative that has already qualified for the ballot.
SJR 40 is a proposed constitutional amendment that would establish an indirect process for all initiatives, both constitutional amendments and statutes. It would require that all state initiative petitions be submitted to the Legislature to refer, reject, take no action, or refer with an alternative to voters. If it is heard in Senate Rules, the League can support this measure if it applies optionally to statutory initiatives. Our position favors the indirect initiative process for constitutional amendments, which would allow more public discussion of the issues involved and allow revisions or alternatives.
A complicated measure heard by the Senate Rules Committee, SB 1083, has several important components:
- the Supreme Court must rule on a ballot title petition in 30 days (there is no limit now);
- the Secretary of State must verify each signature on state initiative or referendum petitions (the current verification by formula is eliminated);
- all election violation complaints must be determined in 90 days; and
no person can be disqualified from voting simply because a political party said that mail was returned as undeliverable.
Feb. 1, 2008: HB 2082 (2007) with extensive revisions to Oregon's initiative system was implemented January 2 after a request for a legal injunction was denied in a lawsuit alleging unconstitutionality of the restrictions on paid petition passers.
Another lawsuit in federal court against the Secretary of State resulted in an injunction against the implementation of the Domestic Partnerships law. The legal action came over the decision to deny qualification of a referendum on that statute for the November 2007 Special Election because too few valid signatures were found on the petitions in a random sample. The two-part suit challenges the formula used to validate petition signatures and also contends that signing an initiative or referendum petition is the same as casting a vote, thereby denying voting rights to citizens. That is a critical issue that will merit our close attention. The next court hearing on the issue is scheduled for February 1.
An informational hearing on the Portland City Club's new Initiative Report also is scheduled for the joint Rules committees.
The House Elections, Ethics and Rules Committee is bringing a bill to allow a chief petitioner on an initiative to remove the proposal after it has qualified for the ballot. This could help eliminate campaign costs for unpopular measures or those of questionable legality.
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Natural Resources
Climate Change
Feb. 22, 2008: The House passed HB 3612 by a 59-0 vote on Feb. 18. The bill requires state agencies to reduce energy consumption by 20% by the year 2015. This is an idea to discuss with your local governments.
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Feb. 15, 2008: The House Committee on Energy and Environment passed out of committee with a do pass recommendation and referral to Ways and Means a bill (HB 3610) to require certain state agencies to gather data regarding greenhouse gas emissions. After initial hearings, staff worked with interested parties, and the dash-9 amendments have replaced the original bill. These amendments put constraints on the data collected and clarify who needs to report, specifically importers of electricity and distributors of fossil fuels.
The Environmental Quality Commission can already require reporting of in-state sources and is in the process of rulemaking on this issue. The fiscal impact of this bill is unclear since state agencies have not had time to analyze the amended bill.
Feb. 8, 2008: HB 3612 would require a 20% reduction in energy usage in state buildings by 2015. This would save $6 million, but would require funding for additional staffing to implement. A second bill (HB 3610) would require state agencies to evaluate policies and specify reporting requirements for major greenhouse gas emitters such as our 1700 landfills, coal and natural gas fired electric generating plants, and the transportation industry (gasoline and diesel powered vehicles) and give the new Oregon Global Warming Commission recommendations.
Feb. 1, 2008: At the end of last session, the Oregon Global Warming Commission was created. Now LC 70 (from the House Energy and Environment Committee) will continue the progress toward Oregon's work on climate change. If legislation passes during the supplemental session, state agencies would be required to recommend actions to reduce greenhouse gas emissions. Oregon is a member of the Western States and Provinces Compact on climate change. Look for preliminary discussions as the Governor prepares a 2009 Climate Change Agenda.
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Columbia Basin
Feb. 15, 2008: The League sent a letter sent to the Columbia Gorge Commission concerning the League's opposition to the transformation of the Broughton Mill Site to a large-scale private destination resort.
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Land Use
Feb. 22, 2008: On February 19, the House Committee on Agriculture and Natural Resources was the scene of an interesting informational hearing about the ongoing conflicts that arise when instream and floodplain aggregate mining occur in the Willamette Valley. The League was granted permission to testify in this "invitation only" hearing because of our participation in the Aggregate/Farmland Consensus Group between 2004 and 2006. At that time we represented the public perspective in this attempt to reconcile the need for aggregate with the increasing loss of high-value farmland. Unfortunately, the group disbanded without achieving agreement, and the problems still fester.
Thus, the goal of the February 19 hearing was to revive the issue, setting the stage for an interim workgroup and possible legislation in the 2009 session. Following testimony from the key players (including the Governor's office, Oregon Farm Bureau, and the mining industry), I delivered testimony based on national League positions that support the management of land as a finite resource and the need to regulate areas of critical concern. In the testimony, I urged solutions that would be mindful of the "public good," would preserve valuable Class 1 and 2 soils, and would keep Oregon's long term economic and environmental health in the forefront of decision-making.
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Feb. 8, 2008: Approved on November 6, 2007, Measure 49 now requires additional funding for the Department of Land Conservation and Development (DLCD) in order to be fully implemented. It is critical that the $8.2 million requested by DLCD (and the Department of Justice) be funded so that the 6,843 Measure 37 claimants can receive information about their options under Measure 49, and so that neighbors and other Oregonians can have these options clarified. It is important that these claims be addressed quickly. The Joint Ways and Means Co-chairs have recommended $6.7 million IF the revenue forecast is stable and $4.4 million should the forecast be in decline.
Feb. 1, 2008: At the end of last session, much of the funding for completing the work of the Oregon Task Force on Land Use Planning (the Big Look) was put on hold until after the November Measure 49 election in order to allow voters to concentrate on that narrow, but important issue.
Now the Joint Ways and Means Committee has been presented with a new work plan so that the task force can complete its work.
The League continues to be concerned that the plan include an education component so all Oregonians have a better understanding of our current statewide program. We support an unbiased, truly robust public engagement so that all Oregonians can share their ideas to improve our successful program.
We know from our 2002 study (Land Use: Progress and Challenges) that the program has saved our farm and forest land and has helped make our cities and towns better places to live. We also know there are areas that need to be addressed to assure success for tomorrow. The League will continue to be active in assuring that fair and robust public engagement occurs.
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Offshore and Coastal Management
Feb. 15, 2008: The House Emergency Preparedness and Ocean Policy Committee passed HB 3609, related to marine reserves, on Tuesday, February 12. Two key amendments have been added. In both amendments, it is recognized that the Ocean Policy Advisory Council (OPAC) should define "marine reserves" and has a very real role in selecting marine reserves. The bill states that these reserves should be "small enough to avoid a significant negative impact" to commercial or sport fishing. Currently there is an ongoing public outreach process related to this issue. See http://seagrant.oregonstate.edu/outreach/reserves.html for details. The next step for this bill is to go to Ways and Means. The Department of Land Conservation and Development alone says there is a $375,000 fiscal impact. Other agencies did not specify the costs, but stated they have been reducing other programs in order to support the increased work of OPAC. With the current revenue forecast, it is unclear if the bill will pass out of Ways and Means.
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Parks
Feb. 1, 2008: In 2007, the Oregon Parks and Recreation Department (OPRD) got budget approval for over $22 million in Measure 66 lottery funds for acquisition of new parklands. As of January, OPRD has purchased approximately 1,954 acres for $13.3 million. They have identified an additional 19 sites totaling over 2,000 acres for possible additional acquisition. Now at 27 acres per 1,000 residents, the League continues to support moving to the goal of 35 park acres per 1,000 residents.
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Water
Feb. 15, 2008: SB 1069 directs the Water Resources Department to provide grants for studies related to water conservation, reuse and storage. Now called "ACWA," the Agriculture and Community Water Act, it passed the Senate Environment and Natural Resources Committee last week. However, it comes with a price tag of $3 million. With the new revenue forecast, it is unclear how much money, if any, will be allocated to this effort.
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Feb. 1, 2008: For years, Eastern Oregonians have asked for more water to be withdrawn from the Columbia River. Now, building on the success of the City of Pendleton and others, a bill (from the Senate Environment and Natural Resources Committee) will be introduced in the February session calling for $1 million for engineering and study of underground storage of water from the Columbia during the high-water winter months. Another $10 million would be available for local grants to look for new water sources.
Aquifer Storage and Recovery (ASR) has possibilities. Less costly than reservoirs (30% of the cost of dams) and MAYBE less environmentally damaging, ASR may provide a way to store water for use during dry summer months.
Besides the obvious concerns about fish stocks, another issue is whether the water inserted in the ground will degrade current underground aquifers. We do need to consider how we will deal with water shortages all over Oregon as we see winter snows melt more quickly.
Is this the answer? We will keep you posted as the session hearings take place. This issue is another good reason to participate in the League's water study so that we know the extent of water shortages in our area.
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Social Policy
Adult Corrections
Feb. 22, 2008: Kevin Mannix's Initiative #40, which would require mandatory prison sentences for property and drug offenses, has inspired legislators to offer alternatives. SB 1087 proposes a legislative referral to the voters that would increase some crimes on the sentencing guidelines and require the Department of Corrections (DOC) to provide increased addiction treatment in prison facilities.
HB 3638, which modifies the DOC alternative incarceration program and specifies eligibility, was presented in the House Judiciary Committee on February 15. The DOC would not be required to provide treatment to every individual, and prisoners who will leave the state are not eligible for treatment.
The Criminal Justice Commission provided data on the probable costs of Initiative #40 within the DOC and estimated lower costs for the proposed alternatives. First time offenders with one crime may get probation rather than prison time, but repeat offenders could still receive longer sentences. The judges have the discretion for upward and downward departures on the sentencing guidelines. The court has discretion to order addictions treatment at any level of crime. There was also discussion about female offenders and the impact of prison time on the custody of their children. The costs and personal impacts go well beyond the prison system.
After negotiations among workgroup parties, the amended HB 3638 was supported by the Oregon District Attorney's Association, the Oregon State Sheriffs' Association, the Oregon Association Chiefs of Police, the Association of Oregon Counties, Oregon AFSCME employees and OPERA, the Oregon Prevention Education & Recovery Association. The lone dissenter was Steve Doell of Oregon Crime Victims United, who said he can't support a challenge to Measure 11 and may support Initiative #40. The Judiciary Committee passed HB 3638 with unanimous approval. Both SB 1087 and HB 3638 have been approved by Judiciary Committees and have passed Ways and Means. They should be on the consent calendars for floor votes in the Senate and House chambers this week or early next week.
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Health Care: Mental Health
Feb. 15, 2008: Two bills have passed out of the Senate Health and Human Services Committee relating to the evaluation and reporting of underserved mental health populations and community mental health program delivery systems. SB 1075 would create a 25-member Task Force on Mental Health and Addiction Services for persons considered underserved, such as the homeless and prison populations. The bill had a fiscal impact statement from Legislative Fiscal, which the Department of Human Services challenged as being too high because of the work already in progress on the issue and the ability to provide staff. The bill was moved to the Senate with a "do pass" recommendation and a plea to Senate President Courtney to rescind the prior referral to Ways and Means.
SB 1089 directs that an assessment and evaluation of the community mental health services delivery system be made during the biennium with a report to the 2009 Legislature. It was passed to the floor with an amendment requiring that a private entity or individual do the evaluation and report. The Department of Human Services (DHS) said there would be no fiscal impact, because DHS staff will provide support staff with existing employees. DHS will report to the Interim Committee on Health Care by October 2008, and the information will be used to determine funding and services in the next biennium.
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Feb. 1, 2008: The Joint Ways and Means Committee reviewed agency requests over two days in preparation for the supplemental session. The first was the Statewide Children's Wraparound Project for children's mental health services. The $275,000 was requested by Department of Human Services (DHS), the fiscal agent, although the Governor's Office will house the staff who will be working across department lines.
DHS will apply for a federal grant to improve mental health services for children and their families. The grant targets early childhood 0-8, transition age 16-24, seriously emotionally disturbed 0-21 and mental health/substance abuse co-occurring disorders. The grant would provide $9 million over six years with matching funds required. Prior grants were provided to Multnomah, Clackamas, Lane and NE Columbia area counties, but these counties are not eligible for a renewal of grants.
DHS continues to report to Human Service Committees on the needs at the current Oregon State Hospital (OSH) facilities and community programs. DHS proposes a contract with Oregon Health Science University for recruitment of medical staff and the supervision of forensic staff at the OSH facilities. They reported that contracted staff has been utilized, since it has been difficult to recruit with low pay, over capacity, and poor job morale at the hospital facility.
During this session, the House Human Services and Women's Wellness Committee plans to discuss the definition of mental health professionals, and will include licensed counselors and licensed family therapists in the requirement for payment coverage. The county mental health clinic staff may be included in this bill.
There are severe shortfalls in the acute care system statewide that will also be subject to review.
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Health Care: Physical Health
Feb. 15, 2008: HJR 100, stating that health care is a fundamental right, passed the House floor on Wednesday, on partisan lines. It will now move on to the Senate Health and Human Services Committee. It will be a referral to the voters if it moves on to pass in the Senate.
In earlier committee discussions, Chair Greenlick commended the members for the nature of the discussion. Rep. Richardson stated that Oregon would be the first state in the nation to declare that health care was a right. Other members objected to the obligation to provide health care for all. The majority supported the concept.
The House Health Care Committee has proceeded with HB 3614 to improve access to the Oregon Health Plan with continuous enrollment rather than the current 6 month re-enrollment requirement.
The House Human Services and Women's Wellness Committee passed HB 3617, which requires the Department of Human Services to create a searchable public database for quality care violations that occur in facilities that care for seniors and people with disabilities. A Quality Care Fund supported by licensing fees will pay for training and technical assistance.
Oregon Health and Science University (OHSU) has proposed consultation with rural health clinics to provide mental health services. SB 1100 requires health insurers and the state health plan to provide reimbursement for these services when medically necessary. The payments would cover both the rural physician and the OHSU consultant. A pilot program in four rural counties was suggested as a way to compensate for the loss of timber revenues. Ways and Means approval is needed since there will be a fiscal impact.
Oregon Health Fund Board (OHFB) continues to meet and consider reports from its subcommittees with the goal to submit recommendations for the Healthy Oregon Act by October 2008. The OHFB director has addressed the Senate Health Care Reform Committee with updates during the interim and special session.
SB 1093 was passed to create a Health Insurance Exchange for the purchase of private insurance as a step in the implementation process. Please refer to the OHFB website for information about meeting schedules and background materials.
The Senate Health Care Subcommittee on Seniors and People with Disabilities has passed SB 1061, which will increase the Medicaid reimbursement rate for seniors and physically disabled clients in community long-term care facilities. This increase will be covered by the Department of Human Services (DHS) budget rebalance plan. Since there is no fiscal impact, the bill is likely to be approved.
SB 1065 requires DHS to pay rural health clinics within a certain time period, which will help financially strapped rural clinics. This bill will have a fiscal impact because of increased workload. It will be referred to Ways and Means Committee.
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Feb. 1, 2008: The House Health Care Committee proposes to submit a constitutional amendment to the voters that states that "Health Care is a Right."
A long discussion of health policy ensued with various views supporting coverage for low income, seniors and emergency care but reluctance to providing universal coverage. An entitlement was seen as a requirement for taxpayers to provide health care. The committee voted along party lines and approved the proposals for the referral to the voters for the constitutional amendment.
ACCESS: The House Health Care Committee has proposed to improve access to the Oregon Health Plan with outreach to sign up more children and families and continuous enrollment rather than the current six-month re-enrollment requirement. The administrators support covering more children within the program but warn the outreach component will have a higher cost. Safety net clinic services will be reimbursable.
Fiscal impact statements have not been completed yet. This effort includes a proposal for primary care models in four areas with grants totaling $1 million. Some legislators see an effort to thwart the vote on the Healthy Kids/Tobacco Tax referral.
LONG TERM CARE: The Senate Health Care Subcommittee on Seniors and People with Disabilities will propose a bill to increase the Medicaid reimbursement rate for community long-term care facilities. This effort was initiated because of the loss of private nursing homes accepting the Medicaid payment. The Department of Human Services (DHS) anticipates a doubling of the population in need of long-term care in the future and a need to ramp up the resources rather than decrease the number of community beds. The cost of nursing home care is an incentive to increase the payments for the lesser level of care.
ABUSE: The House Human Services and Women's Wellness Committee discussed a requirement for senior and developmental disability facilities to report on a broad definition of abuse incidents. DHS would develop an online database as a public record which would be accessible to citizens seeking a placement in a facility. The discussion covered training of workers, investigations, and liability of the facilities. The fiscal impact of the bill was not available at the time of the hearing.
PRESCRIPTION DRUGS: Prescription drug costs continue to increase too. A DHS budget rebalance plan will be submitted to the Ways and Means Committee.
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Housing
Feb. 8, 2008: Contracts on more than 7,000 rent-subsidized apartments receiving federal support through the Housing and Urban Development Section 8 and the Department of Agriculture Rural Development programs are due to expire over the next seven years.
To preserve existing rent-subsidized affordable housing and support development and implementation of local strategies to end homelessness, Senator Betsy Johnson, Chair of the Transportation and Economic Development Subcommittee of Ways and Means, has introduced SB 1073 on behalf of The Housing Alliance, a statewide group of over 60 organizations (including LWVOR). The total package is $2.75 million in the 2008 supplemental legislative session and includes a General Fund expenditure of $2 million to seed the Housing Acquisition Fund. The remaining $750,000 would address local solutions to homelessness.
HOUSING ACQUISITION FUND: Many of the private owners of Section 8 and rural development properties are interested in selling and would prefer to see the housing remain affordable beyond the federal support expiration date. The $2 million would seed a revolving loan fund that is projected to leverage an additional $26 to $46 million in private, philanthropic, and local public funds. The resources would be used to provide interim financing for buyers willing to maintain current rent levels. This would prevent displacement of very-low-income seniors, people with disabilities, and families from their homes. It also would maintain the flow of federal rent subsidies for these properties, amounting to millions of dollars in federal support for Oregon.
LOCAL SOLUTIONS TO HOMELESSNESS: In 2006, Oregon formed the interagency Ending Homelessness Advisory Council. The council will announce in 2008 the first steps in a plan to end homelessness. The $750,000 included in SB 1073 would provide resources to counties to assess local conditions and realign their local systems.
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Postsecondary Education
Feb. 8, 2008: SB 1076 would create a Task Force on Shared Responsibility Model to study the financing of Oregon higher education.
Feb. 1, 2008: Despite the improvements in General Fund allocations to four-year public higher education institutions and modest increases to community colleges, the latter are still in precarious fiscal positions. Disinvestment for several biennia has caused shortfalls for programs and faculty. This will be discussed during the supplemental session, but no action is expected. Again the purpose is preparation for 2009.
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