Yet another unnecessary burden may be placed on Oregonians if a new law is passed that has been proposed by an Oregon Democrat. The proposed legislation is related to vehicle headlight use.

Sponsored by Senator Lee Beyer (D-Eugene) SB 166 would require the use of motor vehicle headlights at all times when vehicle is being driven on highway.

Violations would be punished by maximum fine of $1,000.

The bill does provide exceptions for vehicles equipped with daytime running lights.

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The issue of visibility seems to be the driving force behind the proposed law, but proponents may be overlooking the bigger issue of drivers just not paying attention.

Roman historian Publius Cornelius Tacitus once famously said: "The more corrupt the state, the more numerous the laws." Observers have noted this may be one of those instances where that saying again rings true.

Much documented testimony on record with the state legislature seems to indicate strong opposition to this legislation from Oregonians, and it's passage doesn't seem likely. However, the legislature is still operating with the public not allowed to participate in person at the Salem capitol building.


--Bruce Armstrong

Post Date: 2021-04-09 11:14:36

Last Update: 2021-04-09 12:42:53

The Oregon Supreme Court has issued a decision that granted the bipartisan legislative request to extend the timeline to finish the redistricting process to September 27. The Constitution gives the Legislature authority to redraw legislative and congressional boundaries but that authority was put in jeopardy by delays in U.S. Census data.

The opinion, issued by Chief Justice Walters, would keep the process from the partisan Secretary of State and keep the process in the legislature. The Secretary of State, Shemia Fagan, opposed the Legislature, hoping to take control of the redistricting process. The Oregon Supreme Court rejected her partisan attempt, calling her legal arguments flawed.

“We have had a good working relationship among the Senate members of the committee,” Senator Tim Knopp (R-Bend), vice-chair of the Redistricting Committee, said. “Election integrity and fair districts live to fight another day because of this decision. It ensures that we can continue to work together to ensure that Oregonians can pick their representatives fairly.”

The Supreme Court will issue a writ of mandamus allowing the Legislature to have the first chance to come up with a redistricting plan. The revised deadlines would require an emergency special session. It would give the Legislature until September 27 to enact a redistricting plan, ensuring it becomes effective by February 1, 2022.

The High Court said, in a summary document:

If it were possible for the State of Oregon to comply with all the requirements of Article IV, section 6, the Court explained, it would require that it do so. But here, where it is not possible for the state to create a reapportionment plan based on federal census data and still comply with the constitutionally prescribed deadlines, and where it is possible for the state to fulfill its paramount duties in compliance with modified deadlines, the Court concluded that it had authority to direct the state to comply with modified deadlines.

“Oregonians expect their district to be fairly drawn,” Senate Republican Leader, Fred Girod said. “The most important principles for Republicans are ‘One-Person-One-Vote’ and upholding the Voting Rights Act. Gerrymandering is unacceptable and by keeping this process in the Legislature, we have a chance to come to a bipartisan agreement to draw fair lines.”

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The High Court restated the revised plan, with dates:

REAPPORTIONMENT PLAN BY LEGISLATIVE ASSEMBLY

• 1. If the Legislative Assembly enacts a plan, the following revised deadlines apply:
  • a. The Legislative Assembly will enact a plan on or before Monday, September 27, 2021, and may do so in an emergency session rather than its regular session.
  • b. Objections by electors are due by Monday, October 25, 2021.
    • i. Responses by the Legislative Assembly, Secretary of State, or others, as well as amicus briefs (discouraged) are due by Monday, November 8, 2021.
    • ii. Any reply briefs, though discouraged, are due by Monday, November 15, 2021.
  • c. If the Supreme Court determines that the initial plan complies with applicable law:
    • i. A Supreme Court opinion approving the plan will be filed by Monday, November 22, 2021, and
    • ii. The reapportionment plan will become effective January 1, 2022, for purposes of Or Const, Art IV, § 6(6)(b), only.
  • d. If the Supreme Court determines that the initial plan requires corrections, a Supreme Court opinion to that effect will be filed by Monday, December 6, 2021, and the plan will be sent to the Secretary of State for changes.
    • i. The revisions by the Secretary of State are due by Monday, January 17, 2022.
    • ii. The Supreme Court will approve the revisions or make any necessary additional corrections by Monday, January 31, 2022.
      

REAPPORTIONMENT PLAN BY SECRETARY OF STATE

• 2. If the Legislative Assembly does not enact a plan by September 27, 2021, the following revised deadlines apply:
  • a. If the Legislative Assembly fails to enact a plan by September 27, 2021, the Secretary of State’s plan is due by Monday, October 18, 2021.
  • b. Objections by electors are due by Monday, November 15, 2021.
    • i. Responses by the Legislative Assembly, Secretary of State, or others, as well as amicus briefs (discouraged) are due by Monday, November 29, 2021.
    • ii. Any reply briefs, though discouraged, are due by Monday, December 6, 2021.
  • c. If the Supreme Court determines that the initial plan complies with applicable law:
    • i. A Supreme Court opinion approving the plan will be filed by Monday, December 13, 2021.
    • ii. The reapportionment plan will become effective January 1, 2022, for purposes of Or Const, Art IV, § 6(6)(b), only.
  • d. If the Supreme Court determines that the initial plan requires corrections, a Supreme Court opinion to that effect will be filed by Monday, December 27, 2021, and the plan will be returned to the Secretary of State for changes.
    • i. The revisions by the Secretary of State are due by Monday, January 24, 2022.
    • ii. The Supreme Court will approve the revisions or make any necessary additional corrections by Monday, February 7, 2022.
  
  --Staff Reports
  
  

  Post Date: 2021-04-09 09:21:16

  Last Update: 2021-04-09 09:57:42

  
  

The Oregon House of Representatives passed a bipartisan bill to help Oregonians who own property that was damaged or completely destroyed by wildfires.

The new law will authorize tax collectors in a county covered by a state of emergency declared by the Governor, due to wildfire or other act of God, to prorate taxes imposed on a property that was destroyed or damaged, putting more cash into the pockets of Oregonians who need it to recover from devastating losses.

Republicans also expedited the passage of the bill by waiving the requirement to read it in full on the floor before voting. Republicans have not been granting this waiver of the constitutional requirement during this session. Work on wildfire relief measures began during a special session in the fall of 2020 to immediately respond to historic wildfires that ignited during Labor Day weekend.

“I have met with people in my community that literally lost everything to these fires,” said House Republican Leader Christine Drazan (R-Canby.) “The current process for relief is not working for those who lost their homes and so much more. We have to do everything we can to focus on supporting these Oregonians who are in this position to help them rebuild their lives. I know that this bill can make a big difference, and I hope it is just the beginning.”

At the end of March, House Republican Leader Christine Drazan (R-Canby) issued a call for the Legislature to refocus its priorities on issues like wildfire relief that continue to be an immediate need for Oregonians.

HB 2341 was passed with unanimous support in the House.


--Staff Reports

Post Date: 2021-04-08 20:10:19

Last Update: 2021-04-08 20:19:21

SB 289 was introduced as a study of laws relating to environmental equity. But, Senator Lee Beyer’s Committee On Energy and Environment saw fit to replace it. Not all committee members agreed with this move, but not the ones you would think. Thus far the session has produced bill after bill expanding the rights of inmates, early release, and benefits for rehabilitation. Along comes the amended version of SB 289 prohibiting a person convicted of a first or second degree bias crime committed on water or public land used for outdoor recreation from entering or remaining in any building, land or water of the state used for outdoor recreation for a period of at least six months, but not longer than five-years in addition to any other penalty.

When a bill is replaced, known as “gut and stuff,” the content being "stuffed" has to fall within the "relating to" clause. Finding the connection to “environmental equity” seems absent. Since it is claimed that the majority of convictions are people of color, isn't this a racist concept that goes against the equity agenda?

Digging deeper into the “bias crime,” it becomes clear the penalties are particularly aimed at white people.

In ORS 166.155 to 166.165, a person commits a bias crime in the second degree if the person intentionally subjects another person to offensive physical contact because of the person’s perception, perceived threatening alarm, or tampers or interferes with property, having no right to do so with the intent to cause substantial inconvenience to another person because the person’s perception of the other person is race, color, religion, gender identity, sexual orientation, disability or national origin; and it is a first degree crime if intentionally, knowingly or recklessly causes these actions.

SB 289 not only seems discriminatory, but. ORS 166.155 should be of concern to every person when perceptions are used for conviction of a crime. What does it say about our liberties when you can’t read Huck Finn or Little House on the Prairie or the Bible in the open by the camp fire?

The bill heads to the Senate Floor for a vote.


--Donna Bleiler

Post Date: 2021-04-08 18:19:33

Last Update: 2021-04-08 18:50:27

The Oregon Health Authority has finally identified and released the count of 168 COVID-19 vaccine breakthrough cases, including 3 deaths, as of April 2, 2021.

Breakthrough cases are when vaccinated individuals test positive for the virus.

OHA public health officials say it’s a reminder that no vaccine is 100% effective, and vaccine breakthrough cases will occur.

These cases have been reported in 25 counties and all health care preparedness regions.

• Region 1: 76
• Region 2: 29
• Region 3: 27
• Region 5: 9
• Region 6: 4
• Region 7: 17
• Region 9: 6

OHA is not reporting the regions in which the deaths took place.

Vaccine breakthrough cases are defined as instances in which an individual received a positive COVID-19 test result at least 14 days after the final dose of any COVID-19 vaccine series.

Many of the vaccine breakthrough cases identified experienced asymptomatic infection and were tested for other reasons. Eleven percent of the vaccine breakthrough cases were hospitalized within the 30 days following their positive test, and most occurred in people older than 65 or with underlying health conditions. The three deaths represent fewer than 2% of the vaccine breakthrough cases, and none of the vaccine breakthrough cases were associated with a COVID-19 variant.




--Bruce Armstrong

Post Date: 2021-04-08 17:32:59

Last Update: 2021-04-08 18:58:02

The House Committee on Early Childhood yesterday passed four bills with bipartisan support to make childcare more affordable and accessible for families, provide broader and more immediate access to paid family leave and address a safety concern to protect infant lives.

Three of the bills were sponsored by Representative Jack Zika (R-Redmond) as either a chief or regular sponsor.

“2020 caused so many disruptions for families because of the pandemic and government-mandated stay-at-home orders,” said Rep. Zika. “Families need more options for affordable and accessible childcare as they continue to cope with working from home or dealing with prolonged closures of their previous childcare facilities. The additional access to paid family leave will also provide peace of mind that can be a big help as people continue facing many unknowns.”

Representative Boomer Wright (R-Coos Bay) and Representative Suzanne Weber (R-Tillamook) also voted to pass all four proposals out of the committee.

“I’m pleased to join my colleagues in passing these important bills,” added Rep. Wright. “Our job this session should be helping Oregonians who are still facing severe hardship brought on by a year of the pandemic, natural disasters and more. These proposals represent the kind of work we should be doing to make things easier for them.”

“Accessible childcare and paid family leave are so important for providing stability in family life,” said Rep. Weber. “Whatever we can do as legislators to make life easier for Oregonians should be our top priorities.”

• HB 3109: Reduces restrictions to allow for additional childcare locations.
• HB 2484: Allows more dwellings to be used as family childcare homes.
• HB 2474: Includes closure of childcare providers or schools due to a public health emergency as a qualifying purpose to take paid family leave. Reduces the amount of time before an employee can take family leave from 180 days to 30 days.
• HB 3379: Bans the sale of crib bumper pads in Oregon that have caused infant deaths.

At the end of March, House Republican Leader Christine Drazan (R-Canby) issued a call for the Legislature to refocus its priorities to help Oregonians recover from negative effects brought on by the pandemic. Issues such as lack of adequate childcare continues to be an immediate need.


--Staff Reports

Post Date: 2021-04-08 12:26:49

Last Update: 2021-04-08 12:42:50

In a House Committee On Economic Recovery and Prosperity meeting on April 6, 2021, Oregon legislators discussed the ramifications of passing HB 2266, a bill which would provide economic recovery loans for Oregonians, but only if their skin is a certain color.

Representative John Lively (D-Springfield) is the sponsor of the legislation which allegedly would direct the Oregon Business Development Department to study the use of economic development methods for purpose of assisting businesses, but is done with targeted outreach so that only a minority owned business would see the advantage.

While discussing the implications of such a unconstitutional law, Representative Kim Wallan (R-Medford) asked the committee if these unconstitutional race-based requirements might be removed in the spirit of reaching as many struggling businesses as possible.



The answer that the Republican legislator eventually receives comes from Leah Horner from the Office of Governor Kate Brown, and may seem disappointing to observers noting the regressive nature of racial segregation.

She simply states that Kate Brown's Racial Justice Council decided that the bill is intended to be written exactly as it is, including the unconstitutional racial elements, and they intend it to be passed as is.


--Bruce Armstrong

Post Date: 2021-04-07 20:25:47

Last Update: 2021-04-08 11:29:38

A proposal that would replicate a portion of one of the most contentious issues in recent years was finalized with special interests without ever publishing the language for the public.

A bill amendment to replicate part of cap-and-trade, one of the most contentious legislative issues in recent years, was drafted and then discussed during a committee hearing without ever providing the language to the public beforehand or knowledge that it would be discussed during the committee.

The House Energy and Environment Committee allowed public testimony on an unpublished amendment to HB 2021, introduced by Pam Marsh (D-Ashland) who also chairs the committee. The amendment introduces sweeping legislation that seeks to impose costly regulations on the state’s supply of electricity. Special interest groups testified at length in support of a “-5 amendment” that was not made publicly available to everyday Oregonians. Republican lawmakers on the committee received the draft language at 11am during session before the 1pm hearing, leaving them little time to read the amendment. Republicans criticized the move as the antithesis of transparency and the exact opposite of how the legislative process should be conducted.

Despite an hour and a half of prepared testimonies from special interests, the amendment will only receive a half hour of testimony on Wednesday now that it is public knowledge.

Prior to the start of the 2021 Legislative Session, the majority insisted that it would be the most transparent session despite keeping the public out of the building. This recent move by Democrats to quietly replicate a portion of cap-and-trade with an amendment behind closed doors calls that claim into question.

“The last thing we should do during this precarious pandemic session is conceive, draft and finalize legislation behind closed doors,” said House Republican Leader Christine Drazan. “Discussing a contentious proposal in a committee without ever providing it to the public beforehand is not transparent. It’s a false formality with the intention of passing laws that have zero public input. That’s breaking a promise we made to Oregonians ahead of this virtual session.”

While representatives from environmental justice organizations, investor-owned utility companies and even Democratic members of the committee repeatedly expressed support for an unpublished -5 amendment, members of the public were left in the dark.


--Staff Reports

Post Date: 2021-04-07 19:42:03

Last Update: 2021-04-07 20:07:50

The Higher Education Coordinating Commission is pleased to share a new report submitted to the Oregon Legislature showing that Oregon’s statewide investment in textbook affordability is having a significant impact on making postsecondary education more affordable. The report analyzes the impact of the state’s investment from 2015 to the present on developing and promoting high-quality, no-cost and low-cost course materials -- Open Educational Resources -- for use in Oregon’s public colleges and universities. In short, the program provides modular online resources in place of expensive, cumbersome and environmentally impactful dead-tree textbooks.

Amy Hofer, coordinator of statewide open education library services for Open Oregon Educational Resources, says, “We expect that every grant dollar spent by the state will translate to six dollars saved by students in the current budget cycle. Faculty, librarians, and campus store managers are aware of the financial pressures facing students and are increasingly interested in using open educational resources or other low-cost alternatives to commercial textbooks. Affordable textbooks are especially important with students struggling to meet basic needs as a result of new hardships brought on by the pandemic.”

Kyle Thomas, director of legislative and policy affairs for the HECC, says, “Oregon’s forward-looking investment in expanding OER is successfully reducing the unexpected high costs that far too many students face with textbook and course materials. For every course that this investment supports in shifting to OER, hundreds of students can be impacted over many years. We commend the faculty, administrators, and our partners at Open Oregon Education Resources for their innovative work for students, and we look forward to continuing this momentum.”

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The report also summarizes a 2019 analysis of 19 public community college and university course schedules, describing the impact of courses being designated no-cost or low-cost, a requirement imposed by legislation in 2015. In 2017-19, 12 percent of courses at the reporting institutions were designated as no-cost or low-cost, representing an estimated savings of $34 million for over 375,000 students in those two academic years. In addition, Oregon community colleges significantly reduced the estimated cost of course materials for transfer degrees during the four years between 2015-19.

Oregon is a national leader in open education, with a well-developed community of practice around OER development and implementation. In addition to the grant funding, a new development in this work is external funding from the William and Flora Hewlett Foundation for 2020-2022, enabling Open Oregon Educational Resources to develop a statewide professional development course: the Equity & Open Education Faculty Cohort Model. This professional development course, designed by library faculty member Jen Klaudinyi at Portland Community College, is now available to faculty to help them consider open educational practices with an equity lens, including universal design, cultural relevance, and diverse perspectives. The next cohort will convene during summer term.


--Staff Reports

Post Date: 2021-04-07 19:07:19

Last Update: 2021-04-07 19:19:06

In an effort to focus on the issues most critical to recovery and stabilization, Republicans in the Oregon House of Representatives last week announced that they would waive the readings of budget-related bills to expedite their passage and the critical funding that they provide for communities across the state.

However, Republicans today stated that they are still committed to using legislative tools at their disposal to voice their opposition on several contentious bills moving forward that would have long-lasting negative consequences for Oregonians.

“It’s our job in the minority party to provide a critical check on the balance of power in the Legislature so that we aren’t passing bills drafted on the fly that would have serious unintended consequences for our communities,” said House Republican Leader Christine Drazan (R-Canby.) “Several proposals this year have been rushed through committees despite serious opposition from stakeholders and citizens who face hurdles navigating the virtual testimony process.”

Contentious bills moving through the Legislature include:

• HB 2457: Disregards a commitment made by Democrats and Republicans in Congress by taxing paycheck protection program loans that Oregon businesses received in 2020. These loans kept more than 600,000 Oregonians employed, allowing them to support themselves and their families, and gave the state a double benefit of additional income taxes and fewer people claiming unemployment benefits. Retroactively taxing this money now is the opposite of what we should be doing.
• HB 2942: Allows for convicted criminals to work in K-12 schools with kids even if their history includes manufacturing and/or delivering hard drugs like cocaine, heroin and meth or prostitution – including crimes targeting children within 1,000 feet of a school.
• Repealing Measure 11: Three of four remaining bills in the House and Senate would repeal many parts of the voter-approved Measure 11. The proposals are so alarming that it prompted eight Oregon District Attorneys to issue a joint press release denouncing the ideas that would return us to the days “when a rapist would merely receive a probationary slap on the wrist.”
• HJR 13: Dramatically increases property taxes for Oregon homeowners.

“We are worried that the majority party’s agenda is disconnected from what people need right now. Its policies would kill jobs, make schools and communities less safe, and raise the cost of living in Oregon,” added Leader Drazan. “With the people’s Capitol closed to them, they need us to work on fundamental priorities: balancing the budget, supporting public health, recovering from natural disasters and fixing the damage done by the shutdowns for our kids and communities.”


--Staff Reports

Post Date: 2021-04-07 18:33:05

Last Update: 2021-04-07 20:17:03

In 2009, the Legislature passed HB 2116, establishing the Health Care for All Oregon Children (Healthy Kids) program that made healthcare coverage available to children 0-18 whose family earned up to 300 percent of the federal poverty level.

The in 2017, SB 558, Cover All Kids, passed and extended coverage to all children residing in Oregon, regardless of immigration status, whose families fell below 300 percent of the federal poverty level. According to the Oregon Health Authority, at the end of the 2017-19 biennium, nearly 5,900 children had enrolled in Cover All Kids program.

In March, Governor Brown introduced HB 2164 which she referred to as “Cover All People Program”. The legislation came out of the Racial Justice Council Health Equity Committee. “All Oregonians must have quality, affordable healthcare regardless of who they are or where they live”. The Governor told the committee. “94% of Oregonians and 100% of children currently have access to healthcare, but the remaining gaps are in the BIPOC communities”. HB 2164 and the -3 amendment would work to close that gap.

HB 2164 was a placeholder bill until the hearing where the 14 page -3 amendments were introduced by Representative Salinas (D-Lake Oswego). By modifying the original language of the bill from Health Care for All Oregon Children Program to the Cover All People Program, it gets at the hear of the Governors desired changes. “Cover All People is a program to provide authorization for a State based Oregon health plan which would include coverage to medically underserved people for example undocumented adults, DACA recipients and legal permanent residents” she noted.

The Federal Affordable Care Act (ACA) passed in March of 2010, sometimes referred to as Obamacare, has eligibility requirements that exclude many people living in Oregon from access. It was pointed out by the Oregon Center for Public Policy in written testimony that “Latinos comprise Oregon’s largest group of immigrants. Because of exclusionary health insurance structures based on immigration status, Latinos have one of the highest uninsured rates among racial and ethnic groups in the state”. Indeed, the eligibility requirement to access the ACA program are that the individual must be currently living in the United States, be a US citizen or legal resident and not be incarcerated. The -3 amendment to HB2164 works around the ACA. SECTION 1 of the proposed amendment would eliminate that Federal barrier. The changes ORS 414.231(2) would now read:

“The Cover All People program is established to make affordable, accessible health care available to all residents in this state, regardless of immigration status. The program provides medical assistance, funded in whole or in part by Title XIX of the Social Security Act, by the State Children’s Health Insurance Program under Title XXI of the Social Security Act or by moneys appropriated or allocated for that purpose by the Legislative Assembly”.

Title XIX of the Social Security Act, more commonly known as Medicaid, provides health care to individuals who have low incomes, including persons who are blind or disabled. The only non-citizens covered are those that are lawfully admitted for permanent residence, and those admitted as refugees.

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The Health Insurance program under the Federal Title XXI Act is to be used to assist states in initiating and expanding children's health assistance programs to uninsured, low-income children. This program also does not cover noncitizen adults either. Therefore, the change to the program proposed under the -3 amendments would most likely be funded by moneys appropriated or allocated for that purpose by the Legislative Assembly, as stated in Section 1 (2):

Eligibility for the pilot program would be limited to Oregonians under 138% of the poverty level, 190% for pregnant women. As a portion of her introduction, Governor Brown stated that HB 2164 and the -3 amendment are “really smart economic policy”. Unfortunately, as of press time, Legislative Fiscal had yet to produce a Fiscal impact statement which would show the estimated economic impact of the policy to the State General Fund.

HB 2164 and the -3 amendment are scheduled for a work session on April 8, 2021 at 3:15pm in the House Committee on Health Care.


--Terese Humboldt

Post Date: 2021-04-07 18:21:45

Last Update: 2021-04-07 20:05:53

The Senate has approved SB 513 today, which would require Oregon high school students to take a semester of civics education before graduating. While the Oregon Department of Education already has standards for civics and government courses, SB 513 would carve out dedicated class time to focus on the principles of America’s and Oregon’s political institutions.

“This is an important and timely piece of legislation,” said Senate Republican Leader, Fred Girod (R-Lyons). “The past year has shown how government decision-making can deeply impact lives and livelihoods – for better or for worse. As kids return to school, it's important they understand the ins and outs of how decisions get made and how they can be involved. This is a good, bipartisan bill that I urge our colleagues in the House to pass.”

SB 513 has broad support from teachers, leading Oregon businesses and organizations, government officials, college and university faculty, and concerned citizens nearly 600 of whom have signed letters calling for its passage.

“The broad, diverse support we are seeing for the Civics Education Act is an acknowledgment of the importance of giving young Oregonians the foundations they need to participate in our democracy,” said Erin Esparza, Executive Director of the Classroom Law Project, a non-profit organization committed to preparing Oregon students to become engaged and involved participants in the democratic process. “We are living in a time where nearly one-third of Americans are unable to name any branches of government. Yet, Oregon is one of only 11 states that do not currently require a civics education class for graduation. It's time to do better by our students, our state, and our democracy.”

SB 513 passed by a 25-3 vote and now heads to the House of Representatives for further consideration.


--Staff Reports

Post Date: 2021-04-07 12:29:31

Last Update: 2021-04-07 12:47:53