Douglas County Clerk Dan Loomis has denied six “Prospective Initiative Petitions” that would allow petitioners to have the formal petitions needed to gather signatures for getting “hand counting of the ballots” on the Douglas County ballot for the 2024 primary. The unofficial citizens petitions signed at the fair are being used as evidence and to inform Douglas County Clerk Dan Loomis and County Commissioners Tim Freeman, Chris Boice and Tom Kress, that their constituents want ballots hand counted.

The six denied prospective initiative petitions were to create a Douglas County ordinance for restricting official counting of ballots in Douglas County to the method of a hand count. The petitions relied on ORS 254.485 Tally of ballots (1) “Ballots may be tallied by a vote tally system or by a counting board. A counting board may tally ballots at the precinct or in the office of the county clerk. In any event, the ballots shall be tallied and returned by precinct.”

The petitions were denied by County Clerk Dan Loomis because they were “not a matter of county concern” and “not legislative”. Petitioners asked for more information so that they could fix whatever was wrong with the petitions. One answer from Dan Loomis stated. “My obligation is to review the submitted ‘text to determine whether the prospective initiative petition complies with constitutional requirements’. ORS 250.168 (3) simply requires me to notify the petitioner of my determination. The statute to (sic) does not require me to state why I’ve made the determination that I did, but simply to state my conclusion, which I have done... Kind Regards, Dan”.

During the four days of the Douglas County Fair, the Republican Party Booth offered the public a citizens petition to sign in support of hand counting ballots within the county. The volunteers manning the booth reported that about 90% of the fair goers that stopped at the booth also signed the petition. There were 372 total signatures, mostly from the fair booth. An associated list kept of people who would be willing to volunteer on the counting board received 90 signatures. It appears that fairgoers are confirming that the people of Douglas County want their ballots counted by humans, not machines.

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For a year Dan Loomis never mentioned the Directive, even when he was asked why the petitions were being denied just a few weeks after the directive was issued. Not until October 6th did he mention it as the reason that if we were able to pass hand counting as a measure, the Secretary of State would not certify the votes counted by hand in Douglas County.

“Not Legislative” is based on case law. ”The crucial test for determining that which is legislative and that which is administrative is whether the proposed measure makes law or executes a law already in existence.” Monahan v. Funk. The caselaw supports the petitioners assertion that the petition for hand counting ballots in Douglas County is legislative.

Logic tells petitioners that when the Douglas County Code is amended to add a new ordinance it is of “county concern”. The ordinance would command that “all ballots in Douglas County shall be tallied by a counting board”. Electors all claim Douglas County as their legal residence. All the candidates run for positions that are in the jurisdiction of Douglas County. Douglas County elections are conducted at the county level by the County Clerk with an exception vaguely referred to in ORS 246.200 “County clerk to conduct elections”. The statute states; “...Except as otherwise provided by law...”. That phrase allows the Clerk’s control over elections to become influenced by the Secretary of State through directives. Directive 2022-4, “Tally of Ballots”, dated September 2, 2022 might be changing the “method of counting the votes” from a “county concern” to a “state concern”.

The directive states: “To ensure the uniform and accurate tally of all valid ballots cast, election officials in a jurisdiction where, on the 45th day before an election, the number of active registered voters eligible to vote in the election exceeds 500, must count all valid ballots cast in the election using a voting machine or vote tally system, that is approved for use under Oregon law.”

There are no counties in Oregon with 500 or fewer registered voters. Therefore, Directive 2022-04 disallows all hand counting in Oregon. With this directive, the Secretary of State has created a “rule” that has jurisdiction over all counties. When a state office has jurisdiction, then it is no longer decided at a county level. Therefore jurisdiction changes it from a “county concern” to a “state concern”? Before September 2, 2022, the County Clerks had the authority to switch from tally machines to hand counting of ballots. Two petitions were filed before this time. However, Douglas County Clerk Dan Loomis and County Commissioners Tim Freeman, Chris Boice and Tom Kress stood firm on being against the hand counting of ballots. Being elected officials, they trust the machines to count the votes that put them in office. Incumbent Dan Loomis has recently announced he is running for another term as County Clerk during the May 2024 primary. The petitioners deny that the directive is valid due to a conflict of law between the directive and a statute of superior legal force, ORS 254.485 Tally of ballots. Quoted earlier in this article, it gives a choice between tallying by machines or by hand counting.

The directive is being used to void a statute passed by legislation. The directive was signed by then Elections Director Deborah Scroggin, who has since resigned her position effective January 20, 2023. Her supervisor at that time was Secretary of State Shemia Fagan, who resigned in disgrace on May 8, 2023 over her acceptance of $10,000 per month as a consultant for the cannabis dispensary chain La Mota. Fagan’s office was auditing the state’s cannabis regulations.

An ordinary directive is not enforceable by law. However, Directive 2022-4 is because "ORS 246.120 Directives, instructions and assistance to county clerks" broadens the authority of the Secretary of State’s office. The statute states:

“The Secretary of State shall prepare and distribute to each county clerk detailed and comprehensive written directives, and shall assist, advise and instruct each county clerk, on registration of electors and election procedures which are under the direction and control of the county clerk. The directives and instructions shall include relevant sample forms of ballots, documents, records and other materials and supplies required by the election laws. A county clerk affected thereby shall comply with the directives or instructions.”

The Secretary of State now has the statutory authority to write law by directives and thus compel County Clerks to follow the directives. However, in this instance, a directive was written that clearly conflicts with a statute. ORS 254.485 Tally of ballots is the superior law. Directive 2022-4 can be challenged and judged null and void when the Clerks denial of the initiative petition is appealed. If successful, choosing the method of counting the ballots will again be “of county concern”.

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The statute "ORS 246.120 Directives, instructions and assistance to county clerks", should be revised to clarify that directives and instructions issued by the Secretary of State shall not conflict with laws passed by legislation or the Oregon Constitution.

USlegal states “Administrative agencies can make rules only when rulemaking power is delegated to them by statute or constitution. If an agency exceeds the power conferred by a legislature in making a rule, the rule made will be considered void. The fact that regulations made by an agency are reasonable does not prevent them from being deemed invalid.”

To appeal a County Clerk’s denial of a “Prospective Initiative Petition”, the petitioners must file a complaint (petition) with the circuit court of that county. Appeals could fall under two different statutes: ORS 250.168 Determination of compliance with constitutional provisions or ORS 246.910 Appeal from Secretary of State, county clerk or other elections official to courts.

Anyone that would like to assist the effort to return to hand counting of ballots can contact the author of this article at terrynoonkester@gmail.com


--Terry Noonkester

Post Date: 2023-10-21 06:54:54

Last Update: 2023-10-20 20:17:23

The Oregon Legislature has now convened a Measure 110 bipartisan workgroup to try to figure out how to solve the ever-growing drug problem in the state. Many observers are saying that the committee exists mostly for show. Representative Anna Scharf (R-Amity), a Republican in Oregon, has now pointed out that it seems some politicians may be using it just to build campaign talking points for the upcoming 2024 election. She says that this committee is driven by the majority Democrat party that refused to have bi-partisan conversations during the 2023 Legislative session.

Representative E. Werner Reshke (R-Klamath Falls) and Senator David Brock Smith (R-Port Orford) have both recently called for Measure 110 to be overturned.

Now, less than 4 months after the end of that session, many Oregonians are insisting that the drug abuse epidemic they are witnessing is an emergency that needs a bipartisan package solution before the February 2024 short legislative session.

In November of 2020, Oregon had been in lockdown for over six months when voters went to the polls. It was a contentious Presidential election year and Measure 110 passed is a divisive manner as well with only 58% of voters supporting it. The result, Oregon became the first state in the nation to make personal possession of a controlled substance no more than a Class E violation (max fine of $100 fine). In comparison, a Class C traffic violation, going 11-20 miles per hour over the speed limit, carries a $165 fine.

"The voter’s pamphlet in 2020 was, at best, misleading to the average voter." says Representative Anna Scharf (R-Amity).

The Secretary of State ‘s approved Ballot title was presented as follows:

“Provides statewide addiction/recovery services; marijuana taxes partially finance; reclassifies possession/penalties for specified drugs”.

Result of 'Yes' Vote: 'Yes' vote provides addiction recovery centers/services; marijuana taxes partially finance (reduces revenues for other purposes); reclassifies possession of specified drugs, reduces penalties; requires audits.

Result of 'No' Vote: 'No' vote rejects requiring addiction recovery centers/ services; retains current marijuana tax revenue uses; maintains current classifications/ penalties for possession of drugs.

There were 18 pages of YES on Measure 110 information. To the average voter, it would appear that more people favored this measure, and who wouldn’t, after all it was going to “provide addiction recovery centers /services”.

Measure 110 was supported by large one-time Political Action Committees (PAC): A More Humane Approach, Yes on 110 Committee, More Treatment for a Better Oregon, and Washington County Justice Initiative.

$6M dollars was received by these various PACs from the Drug Policy Alliance (DPA) out of New York. This out of state organizations mission is “working to end the drug war, repair its harms, and build a non-punitive, equitable, and regulated drug market. We envision a world that embraces the full humanity of people, regardless of their relationship to drugs”.

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The statements in the voters’ pamphlet statements also appeared to come from credible and well known organizations: Oregon Nurses Association, Oregon Academy of Family Physicians, a wide variety of faith organizations, Oregon ALF-CIO, AFSCME 75, IBEW Local 48 and other union organizations, organizations representing underserved communities such as Hacienda CDC and Latino Health Coalition, multiple addiction and diversion counselors alongside Oregon School Social Workers Association and Oregon School Psychologists’ Association and pages from individual Oregonians.

In contrast, the NO on Measure 110 campaign had one PAC fighting the measure, the No on Measure 110 committee, and they raised a total of $167,000. Add to that the mere 7 pages of opposition, and it seems the argument paled in comparison and organizational backing. There was a lone doctor and registered nurse, a candidate for State Representative who lost her election, a single recovery treatment provider, a sitting Senator from rural Eastern Oregon, a school district superintendent, who would later run for Governor and lose in the primary and a few dozen citizens. The backing was lackluster at best.

However, it was opposed by 25 of the 36 Count District Attorneys from across the state.

"Measure 110 failed to do what the voters thought it would do which was to increase access to treatment by creating more treatment options and access," explained Representative Scharf. "Instead, it decriminalized heroin, meth, cocaine, oxycodone and fentanyl and eliminated the legal options for lifesaving interventions and mandatory treatment. It tied the hands of law enforcement and District Attorneys and portrayed individuals with active addictions as rational actors who would naturally seek out and accept treatment for their condition willingly. A person with an addiction does not make rational decisions. They are either led to it or forced into it. Measure 110 did neither. It gave permission to use drugs and the State funded the ongoing addiction through a network of Community Based Organizations (CBO’s) who provided tents, food, clean needles, money and very little treatment. Remember, the treatment is voluntary."

Scharf points out that there are multiple polls recently showing that Oregonians want a repeal of Measure 110 .

August 23, 2023 Oregon Live “Emerson College Polling, a leading pollster, conducted the survey this month, finding 56% of Oregonians support a total repeal of Measure 110, with 64% saying they support repealing parts of the law.

September 27, 2023 OPB “An April poll by DHM Research found that 63% of voters support bringing back criminal penalties for drug possession”.

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DHM Research surveys (they are an independent research firm that specializes in measuring the values and priorities that drive public opinion). April 24, 2023 – Oregon Voter Survey; 6 in 10 voters think Measure 110 has made drug addiction, homelessness, and crime worse. May 12, 2023 - 63% of Oregon Voters support brining back criminal penalties for drug possession.

Scharf says that unlike previous short sessions, the Democrats are face to face with a real public opinion shift. She says that they simply can’t do nothing, but they don’t want to do repeal Measure 110 and take all that money away from the CBO’s that facilitate the drug use in order to gain the funding from the marijuana tax.

"No addiction crisis, no money for them," said Scharf. "That was clear in the first meeting of the Joint Committee on Addiction and Community Safety Response.

"They need more support to maintain and expand this work,” said Representative Jason Kropf (D-Bend), co-chair of the Joint Committee. This despite the Oregon Health Authority ending Measure 110 grants over misuse of funds to three addiction providers in September for failure to provide services for the grant funds they received.

"Democrats need to do something in order to appease voters and retain control of the House and the Senate," said Scharf. "Oregonians from all corners of the state see the failure of Measure 110 and they want action now. They must come up with something that appeals to voters and makes them feel like change is coming, without actually doing anything. Remember, the major supporters of Measure 110 in 2020 were Unions, Oregon ALF-CIO, AFSCME 75, IBEW Local 48, etc., and other special interest groups who financially back the campaigns of Democrats. They need those backers and their money to stay in control and they need the voters to think change is coming down the road as long as they stay in charge."

The Democratic Party of Oregon official statement in the 2020 Voters' Pamphlet indicated that the party supported a yes vote on Measure 110.

Representative Dan Rayfield (D-Corvallis) has filled to run for the open Attorney General seat. Scharf points out that the last thing he needs going into the 2024 campaign is a Democrat policy that failed under his watch, a weak solution that failed to listen to voters across the state.

"Instead of facilitating a committee to make the Democrats look like they care about bi-partisan legislation and that they are listening to the majority or Oregonians, Republicans should be demanding a complete repeal," says Representative Scharf. "Re-installation of the criminalization of drug possession and a commitment to a comprehensive rehabilitation plan that includes mandatory drug treatment, long-term support and funding accountability by all CBOs that receive money to help treat drug addiction. Now is not the time to continue down the road of Measure 110 or wait for it to get better. November 2024 is the time to change the course of Oregon completely and eliminate the one-party control that got Oregon into this addiction crisis."

Representative Anna Scharf is a Republican representing Oregon's House District 23, which is comprised of most of Polk and parts of Yamhill Counties, including the communities of Dallas, Dayton, Dundee, Falls City and Newberg.


--Ben Fisher

Post Date: 2023-10-20 16:36:58

Last Update: 2023-10-20 18:46:27

After pulling the item off last month’s meeting agenda following backlash from parents, the Oregon State Board of Education, chaired by Guadalupe Martinez Zapata, has again proposed suspending graduation standards for the next four years of high school seniors.

“Our students deserve rigorous standards to ensure they are well-prepared for the challenges of the real world -- to allow them to achieve their hopes and dreams for a bright future,” former Oregon Republican gubernatorial nominee Christine Drazan said. “I am calling on the Board of Education to indefinitely table this proposal and work to identify how they plan to improve educational outcomes for Oregon students.”

“I found Board Chair Martinez Zapata’s comments last month extremely offensive to parents who want to ensure a high-quality education for their kids. Her dismissive tone and condescending attitude toward those who disagree with her were beyond the pale. That same approach is again on full display by resurrecting this proposal. It’s not extreme or bigoted to believe that Oregon’s education system should hold students to high standards and give them the support they need to achieve them.”

While Oregon graduation rates slowly climb, there is a corresponding decline in achievement.

The Legislature suspended the Essential Learning assessments in 2021 with no signs of better results for students. The proposal on tomorrow’s agenda would suspend the assessments through the 2027-2028 school year. According to the Oregon Department of Education Website, the assessment of the Essential Skills is suspended as a requirement for receiving a high school diploma during the 2021-22, 2022-23, and 2023-24 school years

Since running for Governor in 2022, Christine Drazan has founded A New Direction – a 501(c)4 non-profit organization, described as "dedicated to connecting Oregonians with each other to advance policies and ideas that make Oregon a safer, more affordable place to live and raise a family, strengthen checks and balances."


--Staff Reports

Post Date: 2023-10-20 14:31:13

Last Update: 2023-10-19 11:51:46

Senator David Brock Smith (R-Port Orford) has joined Representative E. Werner Reschke in calling for a Special Legislative Session to protect the residents of our communities and give our public safety officers the tools they need to do so by repealing Measure 110.

“Measure 110 has failed Oregonians and the overwhelming majority want change,” said Senator Brock Smith. “The decriminalization of drug possession, the lack of incarceration and required treatment has caused a dramatic increase in drug use and addiction, increased homelessness, open drug use in our communities, and increases in overall property and other crimes. Measure 110 has ultimately compromised the safety of our residents by reducing the deterrent effect of law enforcement, taking away their ability for arrest.”

A recent poll found that 64% of Oregonians think parts of Measure 110 should be repealed.

Oregon was the first state in the nation to decriminalize possession of certain drugs through Measure 110, and the majority shifted funds away from public safety, schools, cities, and counties to the Oregon Health Authority for its dismal implementation. CDC data clearly shows that drug overdoses from drugs like heroin and fentanyl have tripled in Oregon. Additionally, more than three fifths of those ticketed never paid their fine. Despite over 5,000 receiving a ticket, fewer than 120 called the treatment referral hotline.

“Not only has Measure 110’s policies failed Oregonians, OHA’s implementation has done so as well. Prior to the passage of Measure 110, Oregon was 49th in the nation for access to treatment and now Oregon is 50th. After sitting through the Joint Interim Committee on Addiction and Community Safety Response yesterday, I was shocked at some of the figures presented and answers given by OHA personnel. Their presentation only showed data through 2021, however CDC data is readily available through October 1st, 2023. I’m disappointed with the perception by the department to not present the most recent data available to the public, as it shows the dramatic increase in drug overdose deaths since the passage of Measure 110.

In the summer of 2021, the Oregon Legislature passed SB 755 which established Behavioral Health Resource Networks. A BHRN is an entity or group of entities working together to provide comprehensive, community-based services and supports to people with substance use disorders or harmful substance use. SB 755 allocated $265 million in grants to BHRNs

“Measure 110 is a failure. More lives are lost every day. Our law enforcement officers are put at greater risk and without the necessary tools to protect our citizens and their communities. I appreciate and thank the Douglas, Coos, and Curry County Commissioners for recently passing resolutions requesting the Governor and/or Oregon Legislature to repeal Measure 110. I also appreciate the support of our County Sheriffs and District Attorneys on these county resolution requests.


--Staff Reports

Post Date: 2023-10-19 08:18:52

Last Update: 2023-10-19 09:24:09

The Willamette National Forest will begin much-needed road reconstruction projects this month to remove hazards and repair portions of the transit system damaged in recent years by wildfires. The multi-phase emergency response project in the Detroit Ranger District will extend into 2024 and will repair sections of Forest Service Road (FR) 46, French Creek Road (FR 2223) and Whitewater Road (FR 2243), among others.

The 2020 Beachie Creek and Lionshead fires burned approximately 40% of the Detroit Ranger District and left nearly 200 miles of fire-damaged roads in need of major repairs. The first phase of the disaster-recovery project will include road work along 36 miles of the Detroit Ranger District transit system. FR 46, part of the West Cascades National Scenic Byway, will have periodic delays later this fall. The Forest Service will provide public notice of any delay or closure on FR 46 two weeks in advance. The French Creek and Whitewater repair projects will be in an existing closure area.

Disaster response crews and heavy equipment operators will work to reduce the risks of hazardous fuels, as well as overhead and up-slope hazards that have fallen across roadways or remain standing along important travel routes. The extensive roads project will include risk-mitigation of fire-damaged trees, roadside fuel reduction, and essential maintenance and road reconstruction so that access to and through the fire-burned areas can be safely restored.

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Forest Service crews also continue to mitigate safety hazards at fire-impacted recreational sites and trails as the Detroit Ranger District brings in advanced tree fallers from other Forest Service units to help remove dead and damaged trees in recreational areas.

“We understand that people are eager to visit their favorite places,” said Detroit District Ranger Michelle King. “These major improvement projects will help us provide workers and visitors with safe access to our forest roads and recreation sites into the future.”

Areas that will remain closed this year include McCoy Road (FR 2233), Boulder Road (FR 2231), South Breitenbush Road (FR 4685), and Opal Creek (FR 2209 and FR 2207).

Visitors are encouraged to Know Before You Go and exercise caution on nearby roadways that may have heavy truck and equipment traffic. To check the status of a location before entering the Forest, please visit the Willamette National Forest - Alerts & Notices.


--Ben Fisher

Post Date: 2023-10-18 10:55:37

Last Update: 2023-10-18 11:21:51

In November 2020, Oregon voters passed Measure 110, the Drug Addiction Treatment and Recovery Act of 2020, to better serve people actively using substances or diagnosed with a substance use disorder. The Oregon Health Authority (OHA) says Measure 110 was in response to the high rate of drug addiction and overdoses in Oregon, and the disproportionate impact of those outcomes on Oregon’s communities of color. However, the ballot title was Drug Decriminalization and Addiction Treatment Initiative.

OHA says the goal for Measure 110 was to establish a more equitable health-based and effective approach to substance use disorder. Did voters know that was the goal of Measure 110 when treatment was not the sponsor's goal? Treatment was added as a cleanup for the decriminalization goal - moving convicted drug users into treatment centers, not to mention the additional addicted users due to the free movement of drugs. So, treatment providers must show an increase to just maintain the status quo of the number of untreated prior to Measure 110.

OHA recently released Measure 110 providers report on the first three quarters ending March 31, 2023, showing a continued increase in the number of clients served statewide in all seven network service areas. Overdose prevention and peer support services accounted for the largest client gains in the quarterly report.

• Providers reported more than 7,000 people received substance use disorder treatment -- a 104% increase
• Reports show more than 47,000 service encounters for people seeking substance use treatment, which is an increase of 134%
• Providers reported large increases in the percentage of clients served through employment and housing services (365% and 190% respectively)
• The number of people seeking substance use treatment increased by 126 percent for people identifying as Hispanic/Latino, Latina or Latinx, 49 percent for people identifying as Black/African American and 180 percent for people identifying as American Indian/Alaskan Native.
• The largest expenditures continue to be housing services at more than $8.7 million in the third quarter, representing the investment made in building new recovery housing across the state.

“It’s encouraging to see the reported client gains by Measure 110 service providers. It’s another sign that the statewide networks are taking hold and more people are getting treatment along with critically needed services and supports,” said OHA Behavioral Health Director Ebony Clarke.

OHA has developed a comprehensive Measure 110 data reporting dashboard that includes quarterly data, expenditures, key demographic information, and aggregated narrative summaries for the 42 statewide service networks.

Also starting this reporting period, the dashboard will contain stories of how Measure 110 is working to save lives, support people in recovery, stabilize youth and families and help people find housing and employment.

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The third quarter reporting shows that investments are trending away from the emphasis on capital expenditures and toward sustained treatment and recovery services.

The Measure 110 program continues to refine service data collection for communities of color and other disproportionately affected communities, as the networks transition toward implementing Race Ethnicity and Language Disability (REALD) standards in their data collection.

Providers report that even with expanded services, they have decreased wait times for accessing treatment. But, nearly 40 percent cited staff retention and recruiting as an ongoing challenge.

One provider cited an example of decreased wait times: “Our transitional home was opened, and we had immediate placement of one family, including a mother and her infant.”

The deadline for the next round of reporting due October 16 will cover the time between April through June 30, 2023. Hopefully in time for legislative review.


--Donna Bleiler

Post Date: 2023-10-15 21:14:21

Last Update: 2023-10-14 23:02:09

In the wake of Representative Reschke (R-Crater Lake) urging Oregon Governor Kotek to call a special session to address fentanyl deaths and overdose events brought on my Measure 110, the Oregon Supreme Court intensifies the need.

In the criminal case of Oregon v. Hubbell, a trial court convicted defendant Brian Hubbell of delivery under a prohibited act in ORS 475.752 based on evidence that defendant’s extended-stay hotel room contained a large quantity of fentanyl, a portion of which was packaged in a manner consistent with an intent to sell it to individual users or dealers.

Hubbell was arrested after three people overdosed from the fentanyl found in his hotel room. Hubbell was in police custody at the time and told detectives that he obtained the tub of fentanyl from an ex-girlfriend whose associate in the military had obtained it “through the dark web from China.” He had not distributed any as he knew the dangers and it had been in the tub since he obtained it.

The arguments in the case were around the exception under ORS 475.005(8), “Deliver” or “delivery” means the actual, constructive or attempted transfer, other than by administering or dispensing, from one person to another of a controlled substance, whether or not there is an agency relationship.

Over defendant’s objection, the trial court ruled that evidence was sufficient to convict him of delivery under Oregon v. Boyd, 756 P2d 1276 (1988). In Boyd, the Court of Appeals interpreted the phrase “attempted transfer” in ORS 475.005(8) by applying principles of liability for the undefined crime of attempt. Boyd used ORS 161.405(1), whereby a person who intentionally takes a “substantial step” toward committing a crime is liable for attempting the crime.

Boyd held that possessing a controlled substance in a quantity too large to be consistent with personal use, combined with evidence of an intent to transfer that substance, constitutes a substantial step toward transferring it and was sufficient to show an “attempted transfer.”

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On appeal in this case, defendant argued that evidence was insufficient to show delivery even under Boyd. The Court of Appeal, on its own, re-examined Boyd and overruled it, holding that possession plus an intent to deliver, without more, was insufficient to show an “attempted transfer” for purposes of the completed crime of delivery of controlled substances. It could, however, establish a “substantial step” for purposes of the undefined crime of attempt. They determined that their ruling had been counter to the intent of the legislature in adopting the criminal code and providing for a hierarchy of completed versus attempted crimes.

Since Boyd has set the standard for other cases, the reversal of the Court of Appeals, and now confirmation by the Oregon Supreme Court, may have consequences for Oregonians who have been charged with and convicted of the completed crime of delivery on the Boyd theory.

What will that do to an already drug addicted Oregon to have dealers and drug traffickers released who were convicted using Boyd? Will a special session help to tighten the statutes so enforcement can rid Oregon of deadly drugs?


--Donna Bleiler

Post Date: 2023-10-14 21:53:00

Last Update: 2023-10-14 23:01:41

Oregon Governor Tina Kotek has announced that the U.S. Secretary of Commerce Gina Raimondo has determined that a commercial fishery failure occurred during 2018, 2019 and 2020 due to a fishery resource disaster, affecting Oregon Chinook Salmon Fisheries. This determination is in response to a request from Governor Kate Brown in October 2021.

Approved fishery disaster determinations make these fisheries eligible for funding from current fishery disaster appropriations to aid in the recovery of affected communities, restore the fishery, and/or prevent future disasters.

“This determination is incredible news for commercial fishers who have been waiting for years to find out whether or not they can receive support from the federal government,” Governor Kotek said. “This is a result of the work of Governor Brown and our congressional delegation to recognize and advocate for Oregon’s commercial fisheries. I am also hopeful for a future determination for our recent fisheries disaster declaration request.”

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NOAA Fisheries, the federal agency in charge of the stewardship of U.S. national marine resources, will notify award recipients of their eligibility for funding and provide guidance on the development of applications for federal financial assistance (also known as spend plans) in the coming weeks.

In April 2023, Governor Tina Kotek requested that the U.S. Department of Commerce make an expedited declaration of a federal fishery resource disaster for ocean commercial salmon fisheries for 2023. That request is still active and has not yet been determined. The press release with that announcement can be found online.


--Ben Fisher

Post Date: 2023-10-14 19:39:08

Last Update: 2023-10-14 19:56:40

Oregon has rejected hydrogen power, but now that there is federal money available, will Oregon Governor Kotek seriously bring hydrogen to the state? The U.S. Department of Energy (DOE) established grants in 2022 to develop Hydrogen Hubs across the country. The Pacific Northwest Hydrogen Association’s PNWH2 Hub has been selected as one of the Regional Clean Hydrogen Hubs that is eligible to receive $1 billion in federal funds.

Pacific Northwest Hydrogen Association has already established private-public partnership with Washington State to jumpstart the state’s transition to clean hydrogen, particularly to decarbonize sectors such as maritime, aviation, and heavy industry. Washington Green Hydrogen Alliance, Washington State University, Pacific Northwest National Laboratory, and many private corporations have joined in partnerships.

The PNWH2 Hub will span across Washington, Oregon, and Montana, and will leverage the clean power and innovative technology companies in the Pacific Northwest to accelerate the transition to clean hydrogen production and use. The Washington hub will focus on decarbonizing the region’s hard-to-electrify heavy-duty transportation, long-duration energy storage, ports, agriculture and industrial operations.

Hydrogen atoms are contained in water, plants, animals and, of course, humans. But while it’s present in nearly all molecules in living things, it’s very scarce as a gas – less than one part per million by volume. The draw is that burning hydrogen does not release carbon dioxide. Hydrogen can be produced from a variety of resources, such as natural gas, nuclear power, biogas and renewable power. The challenge is harnessing hydrogen as a gas on a large scale to fuel homes and businesses. Hydrogen is also a lightweight fuel option for road, air and shipping transportation.

The Pacific Northwest Hydrogen Association brings together key players in the industry to respond to the opportunity, build the infrastructure necessary to form such a hub and integrate it into the state’s clean energy portfolio, eliminate fossil fuels from its electricity generation portfolio by 2045 and adopt a 100% clean electricity standard as well as net-zero greenhouse emissions by 2050,

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“Oregon has long been a leader in clean, renewable energy production,” said Governor Tina Kotek. “This transformational opportunity to accelerate development of the nation’s clean energy economy is tailor-made for the Pacific Northwest, where a proud tradition of technological innovation and collaboration in taking on bold challenges is in our nature. I am grateful for this exciting investment from the U.S. Department of Energy and the Biden Administration.”

“With this investment, the Pacific Northwest will be able to develop a new clean hydrogen economy that will create local jobs and build on the region’s long history of supporting clean energy resources,” said Oregon Department of Energy Director and PNWH2 Board Vice Chair Janine Benner. “We can seize this opportunity to ensure an equitable clean energy transition that invests in local communities across the region.”

Founded with unions, environmental groups, and tribal representatives, the PNWH2 Hub includes representation from these groups on its Community Benefits Plan governing board. The hub has also committed to negotiating Project Labor Agreements for all projects over $1 million and anticipates creating more than 10,000 direct jobs.

The PNWH2 Hub is eligible to receive up to $1 billion in federal funding over four DOE-defined development phases spanning nine years, with $20 million allocated for Phase 1. DOE will evaluate the hub’s activities and deliver go/no-go decisions at each phase.

Can and will Oregon shift its agenda and stop the attack against natural gas and fossil fuels so its abundance can be used to produce clean hydrogen energy?


--Donna Bleiler

Post Date: 2023-10-13 16:25:55

Last Update: 2023-10-13 17:37:19

Oregon State courts are asking Oregonians for ideas about how to improve. Oregon Judicial Department, which runs the state circuit courts, says that it invites all Oregonians to an online community conversation to provide ideas and feedback about how to make the courts better.

The conversation is happening Monday, Oct. 30, from 5:30 to 7 p.m. OJD says that they especially want to hear from people who have used, interacted with, or helped someone else interact with the state courts in the past year.

Topics will include how to make courthouses safer and more welcoming, how to make it easier to do business with the courts, how to make jury duty better, and how the courts can do a better job talking to and listening to the community.

Spanish interpreters will be available. Those interested can request ADA accommodations via email. Find the link to join the conversations on the OJD Community Conversations website

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OJD outlines the following topics that may be covered:

• Safe and Welcoming Courthouses How can we make our courthouses safer? How can we make you feel more welcome? How can we help you get what you need, in the language that’s best for you?
• Community Outreach How can we do a better job letting you know how to the courts work? How can we get ideas from you and others in the community?
• Doing Business With the CourtsHow can we make our forms better? (the things you fill out when you need something from the courts) How can we make our online/video hearings better? How can we help you manage court fines or fees?
• Jury Duty How can we make it easier for you to take part in jury duty? How can we make the courthouse experience better for jurors?

--Ben Fisher

Post Date: 2023-10-13 12:15:18

Last Update: 2023-10-13 12:43:42

Oregon Governor Tina Kotek has appointed Lisa Charpilloz Hanson, executive director of the Oregon Watershed Enhancement Board, to lead the Oregon Department of Agriculture. The Oregon Senate will take up her confirmation as permanent director in November.

“Oregon faces complex natural resources challenges across our state that require data-driven, resilient solutions,” Governor Kotek said. “Lisa Charpilloz Hanson brings decades of experience working with natural resource communities to meet the needs of Oregonians across the state. I look forward to seeing her great work and leadership at the agency.”

Kotek says that Lisa Charpilloz Hanson brings two decades of leadership, policy direction, and program administration to the role, including 15 years as deputy director at ODA. Kotek insists that Charpilloz Hanson has experience leading, developing, and directing the budget requests and legislative agendas of both ODA and OWEB. Charpilloz Hanson also serves on the Oregon State University College of Agricultural Sciences Leadership Academy Advisory Board.

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“It is an honor to return to the Department of Agriculture and serve Oregonians,” Lisa Charpilloz Hanson said. “Oregon’s diverse agricultural and food sectors have changing needs in our changing environment. I am excited to work with the team at the department to enhance the natural environment and the value of working lands. I look forward to working with food and ag producers, strengthening existing partnerships and building new ones, while celebrating the diversity of Oregon agriculture and continuing to introduce customers in Oregon, the US and around the world to Oregon’s high-quality products.”

Charpilloz Hanson’s start date is December 1st, 2023. Bill Ryan will continue as acting director of ODA until then.


--Ben Fisher

Post Date: 2023-10-12 06:25:54

Last Update: 2023-10-12 06:46:25

The Oregon Health Authority (OHA) has now announced that they are unveiling another interactive data dashboard to help people more easily track state, county and demographic trends in deaths and hospital visits related to a range of transportation-related injuries.

The Oregon Transportation Safety Dashboard, developed by the Injury and Violence Prevention Program at the OHA Public Health Division, improves access to the data among the public, state and local agencies, and community organizations that work to reduce incidence of transportation-related injuries and deaths.

“These dashboards make it easy for people to view injury and fatality data,” said Dagan Wright, Ph.D., M.S.P.H., senior injury epidemiologist and informaticist at the Public Health Division. “The transportation dashboard will help people understand transportation-related injury trends over time, characteristics of who is getting injured and by what types of transportation.”

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The dashboard includes mortality, emergency department discharge and hospital discharge data in nine transportation categories, such as motorcycle, motor vehicle occupant, pedal cyclist and pedestrian. Data are aggregated for annual statewide trends, as well as a four-year average for county-level and demographic trends.

The new dashboard affirms trends that have made headlines in recent months:

Overall, fatalities for transportation are increasing, specifically for motorcycles, pedal cyclists and pedestrians.

OHA says that an increased focus on emerging transportation modes that cause injury is necessary in order to get a full picture of changing trends. The dashboard includes a “pedestrian-involving wheeled device” category to capture popular new transportation modes like e-scooters.

“What we have seen in both non-fatal transportation injuries and deaths needs attention from our communities, especially for more vulnerable users,” Wright said. “Data dashboards like these help us monitor trends and better anticipate where to direct resources so we can reduce the burden of these injuries on individuals, communities and agencies.”


--Ben Fisher

Post Date: 2023-10-11 13:49:46

Last Update: 2023-10-11 14:09:54