Keep in mind that “rules” is a very broad term.
Editor's note: This is the third of a multi-part series on Administrative Law in Oregon
There are about 100 state agencies, and from time to time they publish notices of proposed rulemaking. Most rulemaking activity will have a hearing and a opportunity for public comment. The best way to stay on top of this is to go to the agency website and subscribe to their notifications.
Once you have the Notice of Proposed Rulemaking, it will have instructions on how to submit comments or how to testify. While the agencies are required to go through a process of making public their proposed rules and taking public input, they have no obligation to integrate any of the public's input or concerns.
Keep in mind that "rules" is a very broad term. An agency handbook, implementation of legislation passed by the legislature, or compliance information all can be considered rules and are subject to the process. For instance, the Oregon Department of Fish and Wildlife fishing and hunting manuals go through the same rulemaking process.
You can search the database of Oregon Administrative Rules
on the website of the Oregon Secretary of State to look up existing rules.
|Post Date: 2021-08-01 12:48:45||Last Update: 2021-08-01 12:53:19|
State legislation conflicts with federal
Governor Kate Brown has provided notice
that she intends to veto two bills passed during the 2021 Legislative Session.
Under Article 5, Section 15 of the Oregon Constitution, the Governor must provide at least five days' notice before vetoing a bill after the legislature adjourns sine die. The Governor issued the following statement:
“I want to thank legislators for a successful and productive session that addressed the key challenges... and taking steps to end systemic racism and address racial disparities in Oregon," said Governor Brown.
She continued, “This session was a turning point for Oregon. We worked together to build a safer, stronger, more equitable, and more resilient state––a state that provides for Oregonians' basic needs, where we are all committed to dismantling systems of racism and addressing the racial disparities they've caused, and where the economy creates opportunities for working families and businesses.
“Since the close of session, my office has reviewed and carefully considered hundreds of bills enacted during the final few days of the session. This included a review of feedback from legislators, constituents, and other stakeholders on the efficacy of the new policies passed, as well as a legal review of those policies. Upon review, there were two bills with technical issues that I intend to return unsigned and disapproved. While I appreciate the goals of both bills, portions of both unfortunately come into conflict with federal regulations or federal authority.”
Senate Bill 721
As written,Senate Bill 721
would place the state in conflict with federal Medicaid law, which requires a single state Medicaid agency and prohibits the Oregon Health Authority from delegating its authority over Medicaid policies.
Governor Brown added, “I understand that supporters of SB 721 intend to re-submit a similar bill in the future with a modification to avoid the federal law conflict. I look forward to those efforts.".”
House Bill 2646
House Bill 2646
would bar Oregonians under the age of 21 from purchasing kratom.
However, the portion of this bill that creates a regulatory function at the Oregon Department of Agriculture is problematic. As is the case with other potentially harmful drugs. The federal Food and Drug Administration is the appropriate regulatory body to oversee the importation and use of this product.
|Post Date: 2021-08-01 12:12:40||Last Update: 2021-08-01 15:10:10|
The tolling strategy is expected to be determined in the year 2023
Enacted as part of the 2017 Transportation Package
passed by the Oregon Legislature, the I-205 Toll Project will use variable-rate tolls to manage congestion and raise revenue. The idea is to charge more during peak times as a disincentive to reduce congestion.
The Oregon Department of Transportation is investing in transit, bicycle and pedestrian facilities and changing how we manage roads for safety and traffic flow. According to ODOT, tolling is another necessary tool to fix our transportation system. They say that tolls bring more reliable trips and address congestion in the metro region, reduce greenhouse gas emissions, and fund bottleneck relief projects. We know Oregonians across the state need to get to and through the Metro region. While there's no doubt that delay and congestion come at a high cost to individuals, businesses, and communities, congestion itself is a deterrent.
ODOT engineers point out that in 2020, the traffic counts declined with the COVID-19 pandemic but are now back to about 90% of pre-pandemic levels and expected to return to 2019 levels as the economy improves.
ODOT maintains that tolls can help manage congestion and provide a more reliable trip by encouraging drivers to consider other travel options -- including detouring through neighborhoods to avoid the toll -- or times of travel. They say that a large change in trip making isn't needed for significant benefits. Even a small decrease in the number of people trying to get on the highway will have travel time benefits for those who can't modify their trip.
In addition, funding for seismic, safety, climate and congestion improvements has not kept pace with inflation. This is largely due to the "per gallon" tax on fuel to fund roads. Gallons increase as miles increase, but the tax collected doesn't keep pace with inflation.
Tolling on I-205 would consist of an all-electronic system that would automatically collect tolls from vehicles traveling on the corridor. Drivers will not stop to pay a toll. A transponder, a small sticker placed on the windshield, is read and connected to a pre-paid account. If a vehicle doesn't have a transponder, a camera captures the car's license plate, and the registered owner is billed.
ODOT is analyzing three alternatives as part of the formal environmental review. Three other alternatives were considered in 2020 and found to provide fewer benefits. They were dropped from the analysis.
Alternatives currently under review include:
Alternative 3: Bridge Tolls on the Abernethy Bridge and Tualatin River Bridges
Alternative 4: Segment-Based Tolls between Stafford Road and OR 213
- Tolls on reconstructed bridges over Tualatin River and Willamette River.
- Split toll amount between two locations.
- Through trip pays more than local access trip.
- This image shows Alternative 3, which would individually toll multiple bridges to be rebuilt.
No Action Alternative: No toll would be applied
- Toll split across four segments: amount paid depends on number of segments traveled.
- Most flexible for traffic operations management.
- More complex pricing structure to communicate to users.
- This image shows Alternative 4, which includes segment-based tolls from Stafford Road to Oregon 213.
- Benefits would not be realized to help manage congestion or raise revenue for transportation projects.
ODOT is in the environmental review phase, which began in 2020. Following a public comment period in summer-fall 2020, the I-205 Toll Project is moving forward with an analysis of the three alternatives. This phase will include:
- An assessment of the potential for additional diversion onto the surrounding street system, especially onto neighborhood streets designed for low speed, low volume conditions.
- An evaluation of existing transit during peak periods to accommodate any shift in travel modes.
- An assessment of whether improved reliability on I-205 will make bus service on the highway a viable option to improve the currently limited public transportation options between West Linn, Oregon City and the I-5 corridor.
- Evaluation of other potential benefits and impacts of the tolling alternatives.
- Consideration of equity and mobility strategies to ensure people of all demographics receive travel benefits.
The ODOT project team has summarized all the public comments in a report and responded to the concerns, ideas and recommendations provided. In 2023, the Federal Highway Administration, in cooperation with ODOT, is expected to decide which alternative to implement based on the analysis conducted, existing policy and guidance, and community and stakeholder feedback.
|Post Date: 2021-07-31 10:57:35||Last Update: 2021-07-31 11:40:15|
A concerned citizen asking for the COVID-19 fact sheet was told to leave
In a free vaccine clinic event that lasted for four and a half hours at Franklin High School in Portland, Oregon on July 30, 2021, only 15 students presented themselves to get the a vaccine. Additionally, another 15 adults received the vaccine.
Jake Dornblaser with the Portland Bureau of Emergency Management produced a copy of the Portland Fire & Rescue COVID-19 Vaccine Minor Informed Consent Form
when asked what kind of informed consent fact sheet identifying possible side effects was given to students who came to Franklin High to get the “vaccination”.
Dornblaser advised if someone pulls up their sleeve to get the vaccination “that was giving informed consent”.
Dornblaser was informed the reason for requesting the fact sheet was to know what students were told about the possible side effects of the Pfizer vaccine, for their protection and well-being. At that moment the concerned citizen was told to leave. The video camera was turned on, Dornblaser asked for it to be turned off and to leave. Dornblaser was advised Franklin High School is a public building, a government building and, two, he was not a school administrator to tell anyone to leave the school.
A Portland Public School administrator announced at the Portland Public School Board meeting, July 27, 2021, that Franklin High School was going to vaccinate “...folks over the age of twelve on Friday...” July 30th. When did the public-school start calling children “...folks...”? In the future the board intends to have children under the age of twelve vaccinated.
The low turnout at Franklin High School on July 30th raises questions. Is the Portland Public School Board not cognizant of the fact that parents and children do not want medical intervention in their lives?
|Post Date: 2021-07-31 10:25:52||Last Update: 2021-08-01 09:55:20|
There are more rules than laws. Let that sink in.
Editor's note: This is the second of a multi-part series on Administrative Law in Oregon
Oregon law defines "rule"
as "any agency directive, standard, regulation or statement of general applicability that implements, interprets or prescribes law or policy, or policy, or describes the procedure or practice requirements of any agency." Agencies may adopt, amend, repeal or renumber rules, permanently or temporarily (up to 180 days), using the procedures outlined in the Oregon Attorney General's Administrative Law Manual.
The Oregon Attorney General has developed models
for creation and amendment of Administrative Rules. Administrative rules are created for and by executive branch agencies.
Administrative Rules are created by most agencies and some boards and commissions to implement and interpret their statutory authority. Agencies may adopt, amend, repeal or renumber rules, permanently or temporarily(for up to 180 days).
Every OAR uses the same numbering sequence of a three-digit chapter number followed by a three-digit division number and a four-digit rule number. For example, Oregon Administrative Rules, chapter 166, division 500, rule 0020 is cited as OAR 166-500-0020.
Administrative rules are kept on a website
by the Archives Division of the Office of the Oregon Secretary of State
The Administrative Rules Unit in the Archives Division within the Secretary of State assist agencies with the notification, filing and publication requirements of the administrative rules process. Every Administrative Rule uses the same numbering sequence of a three-digit agency chapter number followed by a three-digit division number and ending with a four-digit rule number (000-000-0000).
|Post Date: 2021-07-30 12:13:23||Last Update: 2021-07-30 09:21:07|
Announces new mask guidance for state agencies
Governor Kate Brown has announced
new mask guidance for Executive Branch state agencies in line with the Centers for Disease Control and Prevention's recently updated guidance, and based on the spread of the Delta variant.
The new guidance requires all state employees (regardless of vaccination status) in any indoor state agency space to wear face coverings; the requirement also applies to visitors and customers who enter state agency indoor spaces.
"The science and data are clear: the Delta variant is spreading in our communities and is more contagious," said Governor Brown. "This mask requirement will protect Oregonians, many of whom have been on the frontlines of the pandemic and who continue to provide essential services to Oregonians. We also must protect everyone—both agency employees and community members who visit state agencies for information, services, and resources. This new guidance accomplishes both."
Governor Brown announced that the state agency mask guidance
is effective immediately.
|Post Date: 2021-07-30 12:07:11||Last Update: 2021-07-30 12:20:08|
Man Arrested for Arson
A portable bathroom in Eugene, Oregon was reported on fire on July 30 at 3:25 a.m. located near West 7th Aly and Lawrence. The structure was up against the building, Growler Guys, 472 W. 7th Avenue.
A caller heard an explosion near W. 7th Aly. Callers reported the fire was going up the building and onto power poles. Eugene Springfield Fire responded and gained access to the building.
Meanwhile, there were other fires being reported in the area, including two additional fully-involved dumpster fires started at apartments in the area reported at 3:58 a.m. Eugene Police was responding during these calls as well.
Community members and Eugene Springfield Fire were providing tips regarding subjects in the area as police searched.
Eugene Police took a person into custody at 4:24 a.m. and he was identified as Daniel David Moore, who had a warrant. He was taken to the Lane County Jail on charges of Arson in the Second Degree, five counts of Reckless Burning, Menacing, Criminal Mischief in the Second Degree.
|Post Date: 2021-07-30 11:44:31||Last Update: 2021-07-30 12:07:11|
Jason Beebe will run in the Republican primary hoping to meet Ron Wyden in the Fall
Jason Beebe, the Mayor of Prineville and an Iraq War veteran has announced his candidacy for United States Senate
for the seat currently held by Ron Wyden.
"The battle for the future of our republic has to start from the ballot box. We have real problems that President Biden is making worse, the only way to fix that is in Congress. What if, Oregon surprised the country and we reject the extreme leftist policy of Ron Wyden for a patriot, a warrior, a true neighbor?
"We need to send someone through the primary that can give Wyden a real fight. We need someone that will bring true values that every American and every Oregonian shares.
"Border security, strong national defense, pro-life, 2nd amendment rights and strong protection for our liberty, and a government that needs to get the hell out of the way versus shutting down our economies locally and nationally."
Beebe is married with five children ranging in age from mid 20's and younger twins. He has worked as a data center contractor.
|Post Date: 2021-07-30 08:10:34||Last Update: 2021-07-30 08:49:06|
Requires masks indoors for K-12 schools statewide
Governor Kate Brown has directed
the Oregon Health Authority and the Oregon Department of Education to create a rule to require masks indoors for K-12 schools statewide for the 2021-22 school year, in line with the Centers for Disease Control and Prevention’s recently updated guidance, and based on the spread of the Delta variant.
“The science and data are clear: the Delta variant is in our communities, and it is more contagious,” said Governor Brown. “My priority is to ensure our kids are able to safely return to full-time in-person learning this fall, five days per week and with minimal disruptions. With many children still ineligible to be vaccinated, masks are an effective way to help keep our kids safe in the classroom, the learning environment we know serves them best.
She continued, “In the meantime, as we ask Oregonians statewide to mask up in public indoor spaces, we will continue working hard to vaccinate more people so we can finally beat this virus once and for all. Vaccines remain the most effective and best way to protect ourselves and our families.”
Critics are noting the lack of precise scientific considerations in such a statewide mandate, considering also that school children have been found to not be "super-spreaders" of the disease. Critics also wonder if the Kate Brown administration simply has trouble letting go of governmental powers it has acquired during the era of COVID-19 restrictions.
|Post Date: 2021-07-29 15:27:30||Last Update: 2021-07-29 15:42:07|
Intended to Reduce Homelessness in Oregon
Homelessness has been an increasing topic when so many were left homeless from wildfires last summer.
The Oregon Legislature created Project Turnkey
as a program to reduce homelessness by acquiring motels and hotels to serve as temporary housing. In November 2020, the Oregon Legislature allocated $65 million initially for Project Turnkey. An additional $9.7 million was allocated in late June 2021 to fund additional projects. Oregon Community Foundation (OCF) was selected to administer funds with guidance from an Advisory Committee of state, local, and community stakeholders.
Project Turnkey has generally been seen as a success to some, but other House legislators were concerned that the rollout didn’t go as smooth as it could have, and suggested that if the program is to continue long term, that the Oregon Community Foundation might not be best suited to administer it.
Project Turnkey increased the state’s supply of emergent housing by 20 percent through acquisitions of shelter properties in 19 Oregon communities across 13 counties. Each Project Turnkey operation is locally created and operated by local government and/or nonprofit community partners, and each is designed to meet the needs of its community’s populations, ranging from fire survivors to domestic violence survivors to Veterans and also to people experiencing chronic homelessness.
Long term, most units supposedly will be converted to transitional or permanent supportive housing, and some will remain shelters. Most Turnkey projects plan on paying for operation costs through a combination of state and federal resources and fundraising dollars.
“Often, government says ‘We know the solution.’ In truth, the community living the experience and walking through it daily know best what is needed,” said Will Miller, Government Affairs Manager, Native American Youth and Family Center, and Project Turnkey Advisory Committee member.
Oregon Community Foundation offers support for Oregon’s housing needs along a continuum — from shelter to supportive housing to affordable housing to equitable home ownership — through a variety of tools, including research, grants, advocacy, and low-interest loans. OCF’s administration of Project Turnkey is one example of an approach launched to help more Oregonians find stable, affordable housing.
Outside of Portland, Eugene may have the next biggest issue with homeless camps. When City of Eugene Mayor Lucy Vinis was asked if Project Turnkey had reduced the street camps, she replied, “We don’t have enough experience with Project Turnkey to know. On the face of it, it is an excellent way to stabilize people who want and need shelter and services. The folks who are disaffected from society and unwilling to change their transient lifestyle are much harder to persuade to move into any kind of shelter or managed site – and I don’t imagine hotels are any better for them than any number of other options, but I could be wrong. They really present our biggest problem.”
It seems that the street campers create the most buzz with their unsightly make-shift shelters, unclean habits, and concern for their warmth in winter. The question remains, when it gets towards freezing this winter, will Turnkey hotel and motels shelter this segment of homeless that prefer camping outdoors?
The Project Turnkey Community Advisory Committee will officially conclude the project with a review of insights and key lessons in a comprehensive report that OCF will deliver to the Oregon Legislature in early August, 2021.
|Post Date: 2021-07-29 14:58:37||Last Update: 2021-07-29 15:21:23|
Offers to relocate statues in the city of Sandy
Sandy Mayor and Oregon Gubernatorial candidate Stan Pulliam has announced that he wants to make Sandy the new home to the statues of three American presidents that were horribly vandalized and torn down
by violent rioters in Portland last year.
In a press release containing an eight minute video link
, the mayor flanked by city councilors Laurie Smallwood and Carl Exner, said
The destruction of our cherished monuments was heartbreaking to watch, but what’s even more frustrating is the City of Portland’s acquiescence to the left-wing mob. City leaders refused to refurbish these statues and put them back up on display. An unconscionable decision.
Statues are chiseled from rock for a reason. They are there to remind us of where we came from, not where we are. They should inform with inspiration the great things accomplished, and welcome discussion of the great things done since.
That is why on Monday I will meet with Sandy City Council to make Sandy a sanctuary for memorials that represent the best of Oregon and American ideals.
Venerating our history allows us to celebrate the things that should be celebrated, like American exceptionalism and liberty. It also allows us to learn from our past in order to foster a better future. I will fight to bring these statues to their new home in Sandy where they will stand for generations to come.
If you agree that our freedom in America is under attack as long as the cancel mob is able to destroy statues of our nation’s heroes and silence speech that they don’t agree with.
Pulliam specifically referenced the statues of George Washington, Abraham Lincoln and Theodore Roosevelt.
|Post Date: 2021-07-28 13:49:00||Last Update: 2021-07-28 14:06:01|
This is really just continued income confiscation
Recent attacks on small business reveal more than just ignorance on the part of those removing tax incentives for owners making over $400k annually. Why set the arbitrary level of annual income at $400k?
Small business owners do different things with their income. They don’t all buy luxury second homes as lawmakers playing the class envy card are claiming. Most reinvest in their companies. They care for their employees and hope a family member may go into the business someday. They reinvest if for no other reason than to stay competitive or be swallowed up. Their reinvestment plans are as individual as there are companies. The reinvestment may be a few thousand or many millions. Guess what, small businesses are not all alike.
For government to decide how best to use the income for millions of self-employed with one size fits all rules is ridiculous. Reinvestment for someone at the lowest income level and the highest income level may be equally risky. The economy depends on taking a risk with innovation. Why penalize just one income level? Lawmakers favoring this legislation for the most part are the ones who have never been employers. Some may know a lot about selling to government, but what’s their experience working in the free market? Often revealing is where their campaign contributions come from.
This is really just continued income confiscation. Tax and spend legislators shift their focus to different targets each session. Large Corporations learn to adjust to tax rules. Small businesses not so much. Plus, if you add up all the millions of small businesses to tax you can confiscate equal or greater funds for government spending than could be gained with another assault on large corporations. Regulations and fees are a way for the unelected to raise additional government revenue.
Oregon’s senior Senator has finally arrived. He is chair of the Senate Finance Committee. Not surprisingly, lobbyists shower most of their donations on committee chairs. Ron Wyden is famous for visiting each of Oregon’s counties each year, even Wheeler County with less than 2000 people. That’s good optics for the Senator who has lived on the affluent upper east side of Manhattan for decades. He is releasing a bill that will increase taxes on small business owners. Of course he has never signed the front of a paycheck in his life. He only knows what lobbyists tell him. Harming small business, the engine of our economy, must not go unnoticed.
In Oregon we had a similar and equally misguided event with the passage of SB 139
. It will remove about $30 million from the private economy each year with government centric advocacy replacing reinvestment for economic growth of the private sector. Oregon’s Grand Bargain
under Kitzhaber raised taxes on the large Corporations and did no harm to small business. If that was good policy, why suddenly turn the tables and go after the small businesses?
|Post Date: 2021-07-28 09:33:16||Last Update: 2021-07-28 10:10:34|
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