Governor Kate Brown has released a 10-Point Economic Recovery Plan for Oregon. The 10-Point Plan, which was developed with input from the Governor’s Council of Economic Advisors and Racial Justice Council, builds on the work of local economic development districts across the state to help Oregon families and businesses. It provides a framework for economic recovery related to COVID-19 and wildfires, with a specific focus on strategically supporting Black, Indigenous, and People of Color communities.

The Governor also outlined her principles for the use of federal American Rescue Plan resources, to guide state agencies and local governments in making investments that will maximize immediate benefits for Oregonians in an equitable way.

“Thanks in part to the passage of the American Rescue Plan, Oregon’s outlook for a rapid economic recovery is strong, if we act quickly to get relief to Oregonians," said Governor Brown. "We have the opportunity now to lift up Oregon families and businesses, by immediately investing state and federal resources to help them recover from the devastating economic impacts of the COVID-19 pandemic."

“We must do so by creating a more just and equitable Oregon, helping the communities that have been disproportionately impacted by the pandemic and wildfires. By rooting our recovery efforts in equity, we can support economic growth for Oregon’s Black, Indigenous, Latino, Latina, Latinx, Asian, Pacific Islander, Native American, and Tribal communities.

“My 10-Point Plan provides a roadmap for economic recovery, and will guide our state and local governments as we invest our shares of federal dollars from the American Rescue Plan. Aligning programs and activities funded through these dollars will help ensure we are coordinating, not duplicating efforts, and collaborating on what will make a difference in our economies.”

Between state and local governments, Oregon is slated to receive approximately $6.4 billion in federal funds from the ARP. The Governor also laid out her principles for making investment decisions with ARP. Investments should be made now in a way that maximizes economic recovery efforts for Oregonians this year, while also addressing the existing disparities that were exacerbated by the pandemic, particularly for women and BIPOC communities.

“Oregon businesses have worked throughout the pandemic to do our part to stop the spread of COVID-19. We are pleased with the direction Governor Brown is taking with this plan to immediately invest state and federal resources towards shared prosperity and a robust recovery,” said Joth Ricci, CEO and President of Dutch Bros and Chair of the Oregon Business Plan Steering Committee. “Oregon businesses need both short-term relief and long-term investments like those in the Governor’s plan to help get our state back on its feet and thriving.”

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"Without prioritizing equity we can not have social and racial justice," said Jan Mason, co-chair of the Community Chamber Coalition of Oregon. "I support the Governor Brown priority in grounding and leading with racial equity and justice. We simply cannot achieve economic justice and prosperity without these priorities."

The Governor applies these principles for equitable and rapid economic recovery in her 10-Point Plan:

• Action #1: Investing in Oregon’s hardest hit workers (those currently unemployed or underemployed)
• Action #2: Reinvesting in innovative housing
• Action #3: Supporting resilient rural communities
• Action #4: Supporting Oregon’s workforce (those currently employed but struggling)
• Action #5: Creating opportunities for Oregonians (workforce development)
• Action #6: Getting small business back on its feet
• Action #7: Investing in Oregon’s infrastructure
• Action #8: Oregonians investing in Oregon
• Action #9: Safely reopening Oregon’s economy
• Action #10: Innovation in manufacturing

These principles and 10-Point Plan are a starting point for conversations with the legislature, community stakeholders, the RJC, and the Governor’s Council of Economic Advisors to develop a process for funding decisions related to ARP dollars. More information will be provided as decisions are made.

.
--Staff Reports

Post Date: 2021-03-24 17:44:19

Last Update: 2021-03-24 18:08:58

The Secretary of State Audits Division, under the direction of Secretary of State Shemia Fagan (D-Portland) has released an advisory report identifying several steps the Oregon Department of Human Services, Oregon Health Authority, and the Oregon Legislature could take to improve infection control in long-term care facilities -- which includes nursing facilities, assisted living and residential care facilities, and memory care units. The improvements identified in the report could help the COVID-19 response, as well as responses to other illness outbreaks common to these facilities, like flu and norovirus.

Among the improvements recommended and challenges identified in the report:

• Additional monitoring could strengthen facilities’ compliance with infection control protocols.
• The state could do more to monitor and publicly report vaccinations within these facilities, including among staff.
• With the COVID-19 response being a priority, complaint investigations, recertification and licensing inspections have slowed or even halted.
• Oregon has minimal state regulations on staffing, infection control, emergency preparedness, and staff and resident vaccination reporting for assisted living and residential care facilities.

“COVID-19 has stressed every system in our nation and laid bare challenges and inequities that existed long before the pandemic,” said Secretary of State Shemia Fagan (D-Portland). “This is a moment for all of us to take stock and ensure we are improving the vital systems and services that Oregonians count on to provide care and support. The goal of this advisory report is to offer concrete steps to improve the safety of these facilities, for the residents and the workers providing their care.”

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For this advisory report, the Oregon Audits Division reviewed infection control in long-term care facilities to identify gaps in Oregon’s laws, rules, and practices that, if addressed, could help the state further contain the COVID-19 virus and prevent future communicable disease outbreaks. Audit staff focused on oversight of 685 long-term care facilities including nursing facilities, which are regulated by the federal and state government, and community-based care facilities, which are regulated only by the state. Community-based care — assisted living and residential care — includes almost all the state’s memory care units.

Today’s report is a research-based project, not an audit under government auditing standards. This reporting method allowed for a timelier project to recognize the impact on state agencies’ bandwidth as they respond to COVID-19. The report has undergone the same quality assurance process as audit reports from the Audits Division.


--Staff Reports

Post Date: 2021-03-24 10:18:12

Last Update: 2021-03-27 09:52:18

Editor's note: This is the fourth of a multi-part series on Measure 11 and its impact on crime. This series is adapted from letters written to the legislature by Kevin Mannix, the author of Measure 11.

The attack on Measure 11 is clear, comprehensive and deliberate. This is a complete list of all the bills that make changes to the provisions of Measure 11.

• HB 2002 Converts mandatory minimum sentences for specified felonies other than murder to presumptive sentences. It has been introduced by Senators James Manning Jr (D-Eugene), Kayse Jama (D-Portland), Lew Frederick (D-Portland) Representatives Janelle Bynum (D-Clackamas), Wlnsvey Campos (D-Aloha), Khanh Pham (D-Portland), Ricki Ruiz (D-Portland).
• HB 2172 Converts mandatory minimum sentences for specified felonies other than murder to presumptive sentences. This bill has been introduced at the request of Governor Kate Brown. It has no legislative sponsor.
• HB 2825 Requires sentencing court to consider as mitigation evidence defendant was subjected to domestic abuse that was significant factor in criminal behavior. It has been introduced by Representative Anna Williams (D-Hood River).
• HB 3298 Modifies procedures for early medical release of adult in custody from prison. It has been introduced by Senator Michael Dembrow (D-Portland) and Representative Lisa Reynolds (D-Portland).
• SB 191 Provides that person sentenced to mandatory minimum sentence under Ballot Measure 11 (1994) for crime other than murder is eligible for reduction in sentence for appropriate institutional behavior and participation in certain programming unless otherwise ordered by court for substantial and compelling reasons. It has been introduced by the Senate Committee on Judiciary, Chaired by Senator Floyd Prozanski (D-Eugene)
• SB 401 Converts mandatory minimum sentences for specified felonies other than murder to presumptive sentences. It has been introduced by Senator Prozanski (D-Eugene).
• SB 835 Modifies procedures for early medical release of adult in custody from prison. It has been introduced by Senator Michael Dembrow (D-Portland), Chris Gorsek (D-Portland), and Representative Lisa Reynolds (D-Portland).

Many of these, if enacted, will change the face of criminal justice in Oregon. Each of these bills requires a two-thirds majority in each chamber, which means 40 votes in the House and 20 votes in the Senate.


--Staff Reports

Post Date: 2021-03-24 09:51:00

Last Update: 2021-03-20 21:15:29

The Multnomah County Board of County Commissioners unanimously appointed Andrea Valderrama (D-Portland) to fill the vacant House District 47 seat formerly held by Representative Diego Hernandez. Valderrama will serve the remaining term of Representative Hernandez, who resigned effective March 15. Valderrama’s term will last through the end of 2022.

District 47 is located entirely in East Portland between Interstate 205 and Rockwood. The district is at the center of some of the greatest challenges facing Portland, including increasing traffic deaths, poverty, and racial and health disparities.

“She’s been such a strong voice and champion on immigrant rights, on women’s rights and education, said Commissioner Jessica Vega Pederson, an East Portland resident and a former representative from House District 47. “I’m really proud to support her today and to look forward to partnering with her as a neighborhood resident, as a county commissioner and a constituent in the really important and big work that we have as we’re moving forward.”

Valderrama brings more than a decade of experience in policy and budget advocacy, grassroots community organizing and coalition building. Having grown up in poverty, she said she knows firsthand the experience of living paycheck to paycheck. She’s also a first-generation college student, earning a bachelor’s degree from the University of Oregon and a master’s degree from Portland State University. Most recently, Valderrama served as the policy director for the American Civil Liberties Union of Oregon. A mother and community organizer, she also serves as Chair of the David Douglas School Board. Her endorsements included Senator Kayse Jama (D-Portland), David Douglas School Board Vice Chair Sahar Muranovic, and community activist Deian Salazar.

In March 2020, Valderrama filed a restraining order against then Representative Hernandez. In court documents, Valderrama wrote that while they were living together between January and April 2019, he was prone to violent outbursts, including throwing things at her while under the influence. She said that he usually mixed “alcohol, narcotic pills and marijuana.”

“I have also been a mom raising my daughter, I know what it’s like to push that stroller in the mud, to be concerned about the lack of lighting and other infrastructure here,” Valderrama said. “My lived experience in poverty and my values of economic justice are so critical in this role and really important for me to prioritize in all decision-making as we’re looking at recovery.”


--Staff Reports

Post Date: 2021-03-24 09:45:10

Last Update: 2021-03-24 11:23:40

Senator Floyd Prozanski (D-Eugene), is an avid cyclist and the chief sponsor of SB 395. A member of his staff, Jennifer Wig, testified on his behalf saying “the goal is to expand access to safe bike and walking infrastructure and to ensure equitable access to that biking and walking infrastructure”.

In 2017, the Oregon Legislature passed HB 2017 referred to as Keep Oregon Moving. It included significant changes to the existing Connect Oregon Grant Fund directing the Oregon Transportation Commission to divide the grant fund into two new parts: 55% for air, marine, rail, bicycle, and pedestrian projects and 45%, for projects of statewide significance in air, marine or rail modes. Beyond the structural changes HB 2017 also included a new, first in the nation, bike tax of $15 each on bikes over $200.

In 2019, the Oregon Legislature again revisited the issue of pedestrian transportation options and passed HB 2592. This bill established the Multimodal Active Transportation Fund for bicycle and pedestrian projects. It stated that 7% of the Connect Oregon Fund plus revenues from Oregon’s bicycle excise tax were to be used to provide grants for bicycle and pedestrian transportation projects. It also directed $4M of lottery revenues biannually be allocated for outdoor recreation improvement projects related to bicycle and pedestrian projects.

This session, SB 395, at the request of The Street Trust led by former Portland mayoral hopeful Sarah Iannarone, looks to once again adjust the funding associated with bicycle and pedestrian projects. It would increase the allocation for footpaths and bicycle trails from 1% to 5% of the State Highway Fund. One of the supporters of SB 395, Yamhill County Commissioner Casey Kulla testified that “Everyone should have the ability to get from one place to another without the use of a car”. He explained that 1% was not enough for Yamhill county to meet the needs of pedestrian and bicycle infrastructure. He said “In our county we spent our entire 2019 allocation on one separated foot path on one rebuilt bridge.

The project that Commissioner Kulla may be referring to is the Yamhelas Westsider Trail. This was a project he championed starting back in 2013. It was a proposed 13-mile bike and pedestrian trail on an abandoned rail spur from McMinnville through Gaston. The project has been continuously tied up in land use lawsuits and appeals. Most recently, Yamhill County Commissioner Lindsay Berschauer called for an audit of the Yamhelas Westsider Trail bridge construction project. She said “According to my numbers, the county spent approximately $970K of the authorized $1,012,000 from the Connect (Oregon) VI agreement. The county spent an additional $56,250 from the parks grant. When any public agency spends a considerable amount of taxpayer money on a project and the ‘finished product’ does not reflect the cost or promised deliverables, an audit is warranted”.

Commissioner Berschauer’s oversight concerns were echoed by testimony on behalf of over 25 Yamhill residents “ODOT authorized further grant expenditures to build a bridge without land use approval or any assurance that the county could meet its land use obligations. Meaning, ODOT authorized an entity to build a bridge to nowhere” the submitted testimony said.

The bill also had concerns from other rural residents throughout the state. Kim McCarrell of Bend had concerns with the bill authorizing electric scooters to be operated on trails and the impact that could have to others who use those trails. Keith LaHaie of Central Point, asked the committee in his written testimony if the 5% increase in spending on footpaths and bike trails is the result of actual demand from residents state-wide or from region specific groups or special interest organizations?

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Supporters of the bill focused on how SB 395 could assist with equity and climate change. Lee Helfend, OPAL Environmental Justice Oregon shared that negative impacts on our environment from single vehicle occupancy usage create emissions and those have “harmful impacts disproportionately affect communities of color, low-income communities, and other vulnerable populations that lack the time and resources to fully advocate for themselves in this process”. He also added that “as part of the rule-making advisory committee for the Governor's executive order directing state agencies to take actions to reduce and regulate greenhouse gas emissions on climate change, we’ve had in-depth conversations around how we cannot only address the climate crisis, but also center equity and inclusion in this charge”. Brett Morgan, Metro Regional Advocacy Manager for 1,000 Friends of Oregon agreed. He said “Ensuring that we begin prioritize non-automotive investments is a critical equity issue for those that are transportation disadvantaged, and for Oregon’s Black, Indigenous, Latinx, Asian American Pacific Islander, and other communities of color.

The bill is currently in the Joint Committee on Transportation.


--Terese Humboldt

Post Date: 2021-03-24 09:14:24

Last Update: 2021-03-24 09:45:10

Two laws are now being proposed by Oregon Democrats that would essentially forcibly allow homeless camping in every Oregon city. Both HB2367 and HB 3115 are currently being discussed in the House Judiciary Committee.

Similar legislation had been attempted by the Democrats in 2017 with HB 2215 and failed. At the time, the public was allowed to lobby the state officials in person and attend committee meetings. However this current 2021 legislative session is seeing aggressive moves from the Democrats to push through heavy handed policy and constitutional changes while the public is essentially unable to participate due to the Capitol building having banned the general public from attending.

While being discussed in a House Judiciary Committee meeting on March 9th, City of Hillsboro attorney Chad Jacobs explains that all cities in Oregon would be forced to change their ordinances to allow for the homeless encampments.



HB 2367 states that it would make violations of this "Right to Rest Act" to be unlawful practice enforceable by Commissioner of Bureau of Labor and Industries or by civil action. In other words, the state would threaten action against any city that does not accept the terms of the Act.


--Bruce Armstrong

Post Date: 2021-03-24 06:41:30

Last Update: 2021-03-24 07:04:03

The Senate Judiciary Committee heard testimony about a bill that would gut Measure 11, and go soft on violent criminals. Under the guise of “criminal justice reform,” SB 401 would allow rapists, attempted murders, child pornographers, and kidnappers to get up to 40% off their sentences, and is a part of a suite of bills intended to gut the spirit of Measure 11. This bill was introduced by the Senate Judiciary Committee which is chaired by Senator Floyd Prozanski (D-Eugene)

Recent polling shows that a strong majority of Oregonians support maintaining or increasing sentencing requirements for violent offenders like rapists and murderers. 78% of Oregon voters also oppose repealing Measure 11, which SB 401 effectively does.

“This is a perfect example of the Democratic supermajority’s extreme disregard for bipartisanship and consensus-building,” Senate Republican Leader Fred Girod (R-Lyons) said. “Reasonable criminal justice reforms are possible, but instead Democrats opt to take the extreme position that rapists, kidnappers, and child abusers should be given lesser penalties.”

“Proponents of SB 401 cherry-pick the mildest offenses to justify completely rewriting punishments for violent criminals,” Vice-Chair of the Senate Judiciary Committee, Senator Kim Thatcher (R-Keizer) said. “For victims trying to move on and heal from abuse, letting their abusers off with lesser sentences is unconscionable.

“Gutting Measure 11 would make our communities less safe. It guarantees that those who prey on kids and assault our neighbors get time in prison that they deserve. These sentencing guidelines give victims of heinous crimes the certainty they deserve; Repealing them will destroy trust in our criminal justice system.”

Today, eight of the nine female prosecutors in Oregon issued a letter outlining how dangerous bills, like SB 401, in the legislature would cause more victims to suffer in silence.

SB 401 is scheduled for a work session on April 7. The Northwest Observer is featuring a multipart series on Measure 11.


--Staff Reports

Post Date: 2021-03-23 18:02:54

Last Update: 2021-03-23 18:18:26

Parents’ Rights in Education is asking: “Do Oregon parents know that the Oregon Health Authority gathers private info about their children?” The Oregon Health Authority, under the direction of Pat Allen, gives students the Oregon Student Health survey every two years starting at age 10. When they reviewed the survey for 2020, they found profiling questions giving 17 choices for face or ethnicity, along with sexual identity, and socio economic questions. The 36 page survey probes into their home life, personal sexual experiences and whether condoms are used, drinking and smoking habits, and yes there are COVID-19 questions including job loss and suicide. When the question is asked who did you go to about physical or mental health problems, parents wasn’t an option, not even to write in.

Reading how the questions are framed, it becomes clear they are promoting School-Based Health Centers and diverting the student away from parental controls. It’s accentuated by questions like who at school really cares about you, or who notices when you’re absent.

There is a heightened awareness regarding race and ethnicity, sexual identity, bullying and how those factors affect a suggestion of feelings, depression and self-harm. If they’re not depressed by the end of those questions, they are asked about hygiene, eating, gambling, drinking, smoking and sexual habits. To be continued with questions on what they and family members think about these habits along with questions about family members being depressed, drinking, and what makes them fearful.

When Parents’ Rights in Education investigated the dangerous and invasive content shown to 10-year-olds, they discovered the survey was illegal under: 20 U.S.C. § 1232h - U.S. Code - Unannotated Title 20. Education § 1232h. Protection of pupil rights, which puts limits on survey, analysis, or evaluations.

No student shall be required, as part of any applicable program, to submit to a survey, analysis, or evaluation that reveals information concerning--
(1) political affiliations or beliefs of the student or the student's parent
(2) mental or psychological problems of the student or the student's family
(3) sex behavior or attitudes
(4) illegal, anti-social, self-incriminating, or demeaning behavior
(5) critical appraisals of other individuals with whom respondents have close family relationships
(6) legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers
(7) religious practices, affiliations, or beliefs of the student or student's parent, or
(8) income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).

As Parents’ Rights in Education points out, Oregon does not ask permission. Parental/guardian permission is assumed if not physically submitting a filled-out Oregon Student Opt-Out Form, which most schools provide parents at the beginning of the school year regarding all permission activities. However, the Opt-Out Form only lists:

• Human Sexuality Education
• Sexually Transmitted Disease (STD) and Sexually Transmitted Infection (STI) Education
• Immunization
• Mental Health Screening

No where does it allow an opt-out for health surveys. What does the Oregon Health Authority do with this possibly illegally acquired information about you, your student and your family’s thinking and habits through the eyes of your 10-year-old?


--Staff Reports

Post Date: 2021-03-23 16:27:03

Last Update: 2021-03-23 18:02:54

Sen. Linthicum on Democrats Targeting Private Schools with SB 223 Senator Dennis Linthicum (R-Klamath Falls) issued a statement on SB 223, which he calls a direct attack on private schools through mandatory state registration:

“The state is seeking complete control of Oregon’s private schools with SB 223. The bill claims to allow ‘voluntary’ registration for private and religious schools with the Department of Education. However, it insidiously forbids schools that choose not to register from participating with other organizations that provide accredited interscholastic activities, such as sports, music, vocational training, or apprenticeships.

“Private schools are already accredited, and many private schools out-perform their peers in public schools. SB 223 would allow state bureaucrats and their special interest counterparts to actively hijack local, independent, and community-controlled educational opportunities. Centralized state control would thwart local school board initiatives and squash parental contributions and insight.

“Pressuring private schools to abandon their fruitful endeavors for obedience to the state's one-size-fits-all regimen will dismantle the private, religious, parochial, and charter school paradigms that have been successful in Oregon. The corrosive pressure from the woke-minority of the Democrat-led legislature will undermine scholastic competition, traditional values, and American ideals that have been integral components of our educational heritage.

“I see increased educational opportunities as the solution to Oregon’s failing school performance problem. Parents with genuine concerns need better alternatives for improving the lives of their children, and SB 223 does the opposite by taking school choice options from those parents.

SB 223 has no sponsor. It was introduced by the Senate Committee on Education, chaired by Senator Michael Dembrow (D-Portland).

Senator Linthicum has made it a priority to advocate for school choice and has sponsored three bills this session:

SB 657 increases the percentage of kids who can enroll in virtual charter schools from 3% to 5%.

SB 658 would establish an education savings account program to give low-income families the ability to choose a private school without tax penalties.

SB 659 allows any child to attend any school in the state without the approval of the school board.


--Staff Reports

Post Date: 2021-03-23 10:59:36

Last Update: 2021-03-23 12:15:08

Referencing a recent change announced by the Centers for Disease Control and Prevention, the Oregon Department of Education has changed it's guidelines for distancing between students in the classroom from six fee to three feet.

In a letter announcing the changes, the Oregon Department of Education said, "The Center for Disease Control’s March 19, 2021 Science Brief revised physical distancing recommendations for K-12 schools to reflect at least 3 feet between students in classrooms and provides clearer guidance when 6 feet is recommended or required." The Oregon Department of Education is Directed by Colt Gill.

The 89 page manual for school guidelines, entitled Ready Schools, Safe Learners has been updated, and several other changes have been made.

• Revised physical distancing requirements to align to new CDC guidance outlining the conditions for when at least 3 feet apart is possible for between students.
• Removed requirements for 35 square feet and revised requirements and recommendations to align to new CDC guidance.
• Revision to cohorting requirements and recommendations. Cohorts up to 36 students recommended. Removal of the 100 person maximum limit in cohort design.
• Added requirement that desks face in the same direction, where possible.
• Added requirement that 6 feet should be maintained when masks cannot be worn, including when eating. Removed requirement for establishing a minimum of 35 square feet.
• Removed requirement for establishing a minimum of 35 square feet.
• Added requirement to maintain 6 feet physical distancing for all levels (K–12) during activities involving increased exhalation, such as singing, shouting, band, sports, or physical activity.
• Revised the definition of “physical distancing” and added a new definition of a “distinct cohort.”

The Oregon Department of Education letter makes a strong case for continued mask wearing:

“SARS-CoV-2 infection is transmitted predominantly by respiratory droplets generated when people cough, sneeze, sing, talk, or breathe. CDC recommends community use of masks, specifically non-valved multi-layer cloth masks, to prevent transmission of SARS- CoV-2. Masks are primarily intended to reduce the emission of virus-laden droplets (“source control”), which is especially relevant for asymptomatic or presymptomatic infected wearers who feel well and may be unaware of their infectiousness to others, and who are estimated to account for more than 50% of transmissions. Masks also help reduce inhalation of these droplets by the wearer (“filtration for personal protection”). The community benefit of masking for SARS-CoV-2 control is due to the combination of these effects; individual prevention benefit increases with increasing numbers of people using masks consistently and correctly.”

It goes on to cite extensive research that has informed changes in the guidance.


--Staff Reports

Post Date: 2021-03-23 10:24:29

Last Update: 2021-03-23 10:59:36

Editor's note: This is the third of a multi-part series on Measure 11 and its impact on crime. This series is adapted from letters written to the legislature by Kevin Mannix, the author of Measure 11.

The reality of the sentencing guidelines as they were actually carried out in 1994, the last year before Measure 11 went into effect, is that the low range of the sentencing guidelines was the norm. In fact, in many cases convictions for very serious crimes lead to sentences under sentencing guidelines of probation rather than incarceration in state prisons.

For example, in 1994 60 persons were convicted of Rape in the First Degree. Five of these 60 convicted rapists were sentenced to probation rather than prison under the complex formula of sentencing guidelines. This was the case even though the lowest guideline sentence for Rape in the First Degree was supposed to be 34 months.

Proponents of the elimination of Measure 11 argue that it is sufficient to rely on the felony sentencing guidelines system. So, it is helpful to compare the mandatory minimum prison sentence under Measure 11 with the guideline sentence range.

Crime	1994 Sentencing Guidelines in Months	Measure 11 Mandatory Minimum Sentence in Months
Murder	120-269	300
Manslaughter in the first degree	58-130	120
Manslaughter in the second degree	16-45	75
Assault in the first degree	34-130	90
Assault in the second degree	16-45	70
Kidnapping in the first degree	58-130	90
Kidnapping in the second degree	34-72	70
Rape in the first degree	34-130	100
Rape in the second degree	16-45	75
Sodomy in the first degree	34-130	100
Sodomy in the second degree	16-45	75
Unlawful sexual penetration in the first degree	34-130	100
Unlawful sexual penetration in the second degree	16-45	75
Sexual abuse in the first degree	16-45	75
Robbery in the first degree	34-72	90
Robbery in the second degree	Probation or up to 30 months in local jail	70

--Staff Reports

Post Date: 2021-03-23 09:50:27

Last Update: 2021-03-20 20:41:15

In 2014, Oregon was the 3rd state in the nation to make possession and sale of recreational marijuana legal. 56% of Oregonians voted in favor of Ballot Measure 91. In Multnomah County, 69% of the voters approved it. In Nov. 2014, the Oregonian published an article on the passage of Ballot Measure 91. Longtime Advocate Anthony Johnson was quoted as saying "We have ended a painful, discriminatory, harmful policy that has terrible consequences for our state, we replaced it with a policy that is smarter, more humane...It's a policy whose time has come." Ballot Measure 91 was a way to correct the racially disproportionate citation, arrest and conviction of minorities related to marijuana use. However, one of the other selling features was the large portion, 40%, of the revenue that would be sent to help with the state school fund.

In 2020, Ballot Measure 110 was approved by 58% of the voters. It made personal non-commercial possession of a controlled substance no more than a Class E violation (max fine of $100 fine) and established a drug addiction treatment and recovery program funded in part by the state's marijuana tax revenue and state prison savings. What was not widely known by voters was that the Common State School fund would also be taking a reduction in revenue from marijuana sales in order to help create the Drug Treatment and Recovery Services Fund.

Now, less that four months after the passage of Ballot Measure 110, HB 3112 has been introduced by a group of Democratic Representative and Senators looking to change the formula yet again. One of the chief Sponsors of the bill, first term Representative Ruiz (D-Gresham) testified in the Judiciary Committee earlier this month that “HB 3112 creates the Cannabis Equity Fund. This fund is aimed to invest in home ownership, job placement, skill building, small business support and education for Black, Indigenous, and Latin X communities. The inequities between Oregonians are addressable and the growing cannabis industry presents us with the ability to address them.”

Representative Ruiz was joined by many other supports of the legislation. In written testimony from the Office of Community & Civic Life, Cannabis Program, they shared that “over 100 years of draconian cannabis policies and disparate cannabis related arrests, convictions, and sentencing have had long-lasting legal, social, economic, and inter-generational consequences to these specific communities….and HB 3112 is an opportunity for the state to pass the most comprehensive and truly effective cannabis equity legislation in the United States”.

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The bill also establishes the Cannabis Equity Board within the Governor’s office to provide equity oversight of Oregon’s cannabis industry. It would monitor and oversee the new Cannabis Equity Fund formed by redirecting marijuana tax revenues from the Oregon marijuana account and the elimination of the existing Oregon marijuana account currently overseen by the Oregon Liquor Control Commission (OLCC). The Board would make sure that the cannabis industry does everything possible to address diversity and represent communities most negatively impacted by the historic cannabis prohibition. It would also give direction to OLCC regarding licensing for those in the marijuana industry and include a reduced-fee equity license for those applicants that have been convicted of a marijuana related crime in the past that are also from a minority group.

The Oregon Department of Revenue prepared a report for the committee on the Marijuana tax distribution showing the history of Ballot Measure 91, the changes already passed in Ballot Measure 110 and the projections if HB 3112 passes. Using projected revenues from the Office of Economic Analysis for the 21-23 biennium, $318.45M was used to show the distribution of the adopted ballot measure compared to the proposed HB 3112. The change would look as follows:

	Ballot Measure 91	Ballot Measure 110	HB 3112
Transferred to the Common School Fund	$103.5 M	$36 M	$27 M
Transferred to the Oregon Health Authority	$51.7 M	$18 M	$3.375 M
Transferred to the Oregon State Police Account	$38.8 M	$13.5 M	$0
Sent to Cities	$25.7 M	$9 M	$6.75 M
Sent to Counties	$25.7 M	$9 M	$6.75 M
Transferred to the Oregon Health Authority	$12.9 M	$$4.5 M	$13.5 M
Drug Treatment and Recovery Services Fund	NA	$228.45 M	$228.45 M
Cannabis Equity Fund	NA	NA	$22.5 M
Cannabis Equity Fund (formerly Oregon State Police	NA	NA	$10.125 M

What was not discussed in the hearing on the bill, was the loss and redirection of the marijuana funding and the impacts to the Common School Fund. Ballot Measure 110 cut the Common School Fund by almost 1/3. HB 3112 would cut it by 75% from the original Ballot Measure 91 in 2014. There was also no discussion about the additional restrictions that HB 3112 would place on the funds that the Common School Fund would still receive. The bill removes the “State School Fund ORS 327.008 – which is the state school general fund and replaces it with restrictions that are culturally targeted. It says that money received by the state school fund must be used under the following restrictions:

• (20%) Twenty percent of the 40 percent solely for the purposes described in ORS 329.841 which covers Statewide education plan for students who are Black or African-American or who are members of a student group not covered by existing culturally specific plan
• (10%) Ten percent of the 40 percent solely for the purposes described in ORS 329.843 which covers Statewide education plan for students who are American Indian or Alaskan Native
• (10%) Ten percent of the 40 percent solely for the purposes described in ORS 329.845 which covers Statewide education plan for students who are Latino or Hispanic.

The bill will have another hearing on March 23 and it is scheduled for a work session on April 8.


--Terese Humboldt

Post Date: 2021-03-22 17:14:14

Last Update: 2021-03-22 21:46:11