2011 Legislature made history in many ways

Rep. Sal Esquivel

Rep. Sal Esquivel

The 2011 session was historic in many ways. This was the first time the Oregon House of Representatives was split between 30 Republicans and 30 Democrats. The session started with the inauguration of a third-term governor, another first.  For all the early predictions of partisan gridlock, the 2011 session was one of the shortest in history. The Legislature passed hundreds of bills with bipartisan support, passed a balanced state budget, and even agreed on a new legislative redistricting plan for the next 10 years.

The 2011 session also represented a departure from the status quo. Unlike previous sessions, the Legislature worked hard to bring state spending under control. We did not raise taxes on Oregonians.  State fee increases also were kept to a minimum as agencies were forced to justify their programs and finances. While this year did not bring the dramatic changes Oregon really needs, we helped put Oregon on the road to long-term fiscal and policy reform.

On education, we approved the 2011-13 K-12 budget in April, marking the first time in 14 years the Legislature passed school funding that early. Unlike previous sessions, when the K-12 budget was among the last to pass, we gave school districts increased certainty and more time to develop their own budgets for the next school year. This was also a good session for education reform. We eliminated dozens of unfunded state mandates and made progress toward supporting Oregon’s charter schools and giving parents and kids greater education choices.

Businesses and Oregon’s private sector fared much better in 2011 than in past sessions.  During the 2007 and 2009 sessions, the Legislature passed billions of dollars in new tax and fee increases on businesses.  Not only were we able to hold the line on taxes in 2011, we stopped dozens of anti-business mandates and regulations. The 2011 session offered many accomplishments for job-creation, including reforms that will help speed up the development of industrial projects throughout the state. Unfortunately, we were unable to provide relief from Oregon’s capital gains taxes that are among the highest in the nation.

I was proud to be a part of this Legislature’s most historic achievement.  As a member of the House Redistricting Committee, I joined colleagues in traveling across the state to seek input from Oregonians on new legislative and redistricting boundaries.  Redistricting is often described as the most partisan and political activity at the State Capitol. However, for the first time in 60 years, Republicans and Democrats agreed on a new legislative plan that was signed by the governor.

It took 60 years for the Legislature to agree on a plan and, at this rate, it will be 2071 before we do it again. Despite our agreement, Oregon still needs an independent, nonpartisan commission to draw future legislative and congressional plans. It’s time to take redistricting out of the hands of politicians and avoid political gerrymandering in the future.

This session did not end without some disappointments and some partisan bickering. However, as Oregon’s history is written, people will look to this session as a time when legislators and the governor worked together to tackle very difficult issues.  We still have a lot of work to do to put Oregon back on the right track, yet citizens should be proud of this short and productive session.

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Water quality rules are too strict

Sen.Doug Whitsett

Sen.Doug Whitsett

Thursday in Pendleton, “Taps” was played for the future of Oregon’s natural resources based economy, and the private sector jobs they sustain. The Oregon Environmental Quality Commission (EQC) adopted, by administrative rule, new Oregon water quality standards for human toxics that are ten times more stringent than anywhere else in the United States, or for that matter, anywhere else on the planet.

Compliance with the water quality standards adopted by the EQC will be virtually impossible. In many situations the new standards exceed the normal background levels. Water diverted from a stream, or pumped from a well, that naturally exceeds the concentration of any alleged pollutant cannot be returned to any water body without being treated to meet the new draconian standards. Moreover, it is our understanding that no known water treatment technology exists to treat water to achieve some of the standards.

The rules were adopted by fiat by EQC. The rules have the full force of Oregon laws. There was no vote of the people. There was no vote by elected Legislators who represent the people. The Commission enacted the rules through Oregon’s administrative rule procedure.

The EQC procedure for adopting administrative rules is a sham.

Public input is solicited and summarized by EQC. Unfortunately, that public input is then selectively ignored. Reams of form letters, solicited by special interest groups receive the same credibility as the most thoughtful evaluations by respected Ph.D. scientists. No meaningful attempt is made to address the issues raised by dissenting scientists. Those careful scientific criticisms by learned professionals are routinely dismissed out of hand simply because Department of Environmental Quality staff disagrees. In my opinion, in most cases the outcome of the rules-making process is determined before public input is solicited.

The water quality standards are based on modeled data for the accumulation of toxic pollutants in fish. Little supportive data is cited to substantiate that alleged bioaccumulation. The standards are further based on modeled data for their accumulation in people who eat fish. No supportive data is cited to substantiate that alleged bioaccumulation in humans. Nevertheless, the new standard is based on the human consumption of 175 grams, or about 6 ounces, of fish per day. This calculates to about 137 pounds of fish per person per year. The adopted rules hold the entire state to that standard.
Basing our solutions on inappropriate assumptions often leads to absurd outcomes. In this case we must assume that the heavy metals are accumulating in fish, and assume that these folks consume 6 ounces of fish every day of the year, and assume that all the metals consumed by eating the fish are retained in the human body in order to reach the threshold of what EQC has determined may be a dangerous level of heavy metals in humans. Moreover, we must assume that reducing the level of these toxic pollutants in our fresh water supply will reduce their bioaccumulation in salmon, steelhead and other anadromous species that live most of their life in the ocean. Further, in order to justify these standards we must assume that this alleged bioaccumulation problem is ten times more likely to occur in Oregon than in any of the other 49 states. Finally, we must assume that the concentrations found in water and fish today are higher than the levels found a hundred years ago and further that the difference is being caused by man.

The science that EQC cites to support these assumptions is specious at best. One of the five alleged peer reviewed studies appears to be nothing more than a summary of the summaries of a literature search. Another study performed in a Washington watershed specifically states that the conclusions reached cannot be considered to be valid or useful in any other watershed. Another excluded everyone who did not eat fish from the data base that calculated the average fish consumption for the entire population. The other two studies have equally strong disclaimers and fatal flaws.

Our businesses and our natural resources based industries have no chance of complying with the EQC adopted water quality standards. Their only option will be to purchase mitigation rights to continue the practices that they have followed for decades. They will soon have to pay to continue the practices that never have  and never will cause anyone harm. This will be yet another tax on the privilege of doing business in Oregon, an uncompetitive tax that similar businesses in other states will not be required to pay.

Why would any business choose to move to Oregon with their capital and their jobs knowing that they must pay to not comply with these impossible water quality standards? As a matter of fact, why would any Oregon business that is capable of leaving remain in this state with the new competitive disadvantage?

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It’s time to share the cost of health insurance

Rep. Dennis Richardson

Rep. Dennis Richardson

House Bill 2011 would require state workers to begin paying something toward their group medical, dental and vision benefits. I believe it is time for state workers to begin paying at least $50 per month toward the $1,200 monthly bill for state worker group health benefits. If this $50 minimum payment were required, more than $69 million could be generated in 2011-13.

Think about how much an extra $69 million would help in the next two years:

Millions could be used to protect our citizens without releasing prisoners early;

Millions could help provide health care for our poorest and most disabled citizens;

Millions could help save the jobs of 200 dedicated teachers or restore some of the proposed school day cuts being considered by school districts;

Millions could help Oregon community colleges deal with the record-breaking enrollment numbers;

Millions could help provide long-term 24/7 care for elderly Oregonians who have outlived their families and friends;

Millions could help provide long-term 24/7 care for our developmentally disabled population.

In sum, instead of continuing to pay 100 percent of employee health benefit costs, by requiring state workers to pay only 5 percent of their salaries toward health benefits, with a minimum of $50 and a maximum of $500 per month, at least $69 million could be saved and used to restore funds vitally needed in public safety, human services and education budgets.

Read more at http://www.dennisrichardson.org/lu061711.htm.

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Quick action saves jobs

Rep. Sal Esquivel

Rep. Sal Esquivel

This last week the governor vetoed his first bill – and perhaps the only one he will veto this session.  Southern Oregon should rejoice in this veto.  HB 2212 was brought forward by Rep. Betty Komp (D-Woodburn) to assist a friend who has a floral shop.  The legislation seemed simple enough and after much discussion the bill passed out of committee, onto the floor of the House, through the Senate and on to the governor’s desk for his signature.

Suddenly the Southern Oregon delegation begins to receive phone calls – some almost panicky – and rightfully so.  HB 2212 would have forced two major employers in Southern Oregon to depart because they simply would not have been able to be profitable in Oregon with the passage of this legislation.

FTD and FloralSource would not have been able to charge fees for taking floral orders to be delivered in Oregon.  The legislation, to be honest, can gone through the process fairly rapidly and with little opposition.  Several of us had voted no in committee and again on the floor, but all of your Southern Oregon legislators came to the forefront to request the governor’s veto of this legislation. Approximately 300 jobs were at risk.

We may not have created as much of an atmosphere for new jobs as we were hoping to do this session, but we did retain some important jobs and employers through quick reaction and a willing governor.

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Hopes for continued cooperation not realized

Rep. Peter Buckley

Rep. Peter Buckley

Up to this point in the session, there has been a minimum of political posturing, so it is very disappointing to see it happening now in the final few days. In my post last week, I expressed hope that the last remaining budget pieces, particularly in public safety, might be resolved by continuing the bipartisan approach for solutions that has marked the overall work as a whole. Thus far, that hope has not been realized.

We had approached the public safety budget the same way all the budget work has been approached – -making sure we had input from all sides on the exact problems and the exact opportunities existing in a time of severely declining resources. We had a work group of Democratic and Republican House and Senate members, from policy committees and the budget subcommittee, along with representatives from law enforcement and the judicial branch. The group met for six weeks, hammered out recommendations on the public safety budget, and the three co-chairs (Richardson, Devlin and Buckley) accepted most all of the bipartisan consensus recommendations for balancing this area of the budget. Now, however, the House Republicans have walked away from that consensus agreement and are arguing instead for further reduction of benefits to state workers as their solution. Why middle class workers have to take another hit to balance a budget that was already balanced with an inclusive, well thought out, bipartisan plan, is beyond me. It’s a very unfortunate step into partisan politics when the need is clear for practical solutions. I hope to have a better, and perhaps final, report next week.

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Much important work done this session

Sen. Jason Atkinson

Sen. Jason Atkinson

The sunset has begun on the 76th Legislative session; next week it will conclude.  The greatest accomplishment of this Legislature was passing the K-12 education budget first, giving certainty to local school districts. History will show the 2011 Legislature set the precedent: education can be Oregon’s priority.  This milestone is especially important as the Legislature finishes its work in the most civil manner in recent history.

Our challenges this session were greater than ever before. Over 200,000 Oregonians are unemployed. Oregon’s per capita debt is higher than California’s. Nevertheless, this legislature has reached across the aisle to face these challenges head on.

With education effectively removed from the partisan bargaining which always accompanies the end of session negotiations, the role of the Legislature now shifts to making difficult decisions in budget priority.  This is a monumental change in how the Legislature operates. Special interest groups no longer have a foothold in determining Oregon’s budget priorities.

With the special interest groups’ divisive power greatly reduced, we have been able to accomplish a great deal in a bipartisan manner. We were able to save rate payers money, especially rural Oregonians, by passing SB 967, a bill that fixed the way Oregon utility rates are calculated and repealed 2005′s SB 408.  We reached an agreement on redistricting, preventing another ugly, partisan fight like what occurred in 2001. I am also working for an agreement on an immediate cut in capital gains taxes and am very close to extending the e-commerce and rural enterprise zone tax credits to put Southern Oregonians back to work.

One thing I am extremely proud of is we made the legislative process more transparent this session by passing SB 739. Now all Oregonians will be able to see online who testified for or against any bill and what organization they represent. It is a small but important step.

After a sessions work of negotiations, the Oregon grass seed industry, a major sector of Oregon’s agricultural exports, now has a much needed compromise between farmers and purchasers.

The Oregon legislature increased the yearly fee for medical marijuana cards from $100 to $200 a year, the additional funds will be used to fund emergency services such as ambulances and firefighters. However we were not able to get the votes to address concerns of many Southern Oregonians regarding the medical marijuana program as a whole.

There are several goals we did not accomplish this session, chief among them increasing timber harvests in Southern Oregon. A bill increasing timber harvests was killed on the Senate Floor along party lines. We also attempted to reform the PERS system by eliminating the automatic 6 percent pickup the state is responsible for, but were unable to reach an agreement.

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Working together to help seniors

Sen.Doug Whitsett

Sen.Doug Whitsett

This week the Ways and Means general government subcommittee restored funding to two programs sponsored by the Department of Revenue that provide rent payment assistance to low income elderly Oregonians. Both programs had previously been eliminated in Gov. Kitzhaber’s recommended budget. The combined programs provide critical funding for rent assistance payments for more than 5,000 elderly Oregonians.

Working closely with committee co-chairs Rep. Bill Garrard, Sen. Betsy Johnson (a Democrat from Scappoose), Rep. Nancy Nathanson (a Democrat from Eugene) and the other subcommittee members, we were able to restore nearly $6 million for statewide elderly rent relief. More than $700,000 of that funding will restore services for senior residents who live in the counties that comprise District 28.

The Elderly Rental Assistance Program provides about $400 in average annual rent assistance payments to nearly 3,000 of Oregon’s most vulnerable citizens. To be eligible participants must be at least 58 years of age and have annual household incomes less than $10,000.  Eligibility for assistance further requires that they pay more than 20 percent of their household income for rent, fuel and utilities. If they are under 65 years of age they must have total assets valued at no more than $25,000 to be eligible for assistance.

Two hundred forty four of our most financially vulnerable elderly citizens who reside in the five counties located in Senate District 28 will receive a total of more than $150,000 during the next budget period as the result of restoring this program. That approximately $50 per month rental assistance is very important to a senior whose entire monthly income is less than $800 per month.

The Nonprofit Homes for the Elderly Program provides property tax exemptions to private, nonprofit corporations that provide permanent housing and care to elderly persons. Eligibility requires residents of the homes to be at least 62 years old and to have annual household incomes less than about $20,000 per couple. The tax exemption is claimed by the nonprofit residence facility. In turn, the residents receive the value of the tax exemption in the form of a credit against their rent.

Ten nonprofit residential homes provide about 400 rental units for low income seniors living in the five Senate District 28 counties. This program provides nearly $550,000 in rent relief for those senior residents during the two-year budget period. On average the assistance for each rental unit is about $60 per month.

Our Ways and Means subcommittee withheld approval of the Department of Revenue budget for several weeks in our attempt to restore the eliminated funding. In the end, our bipartisan effort succeeded and the critical services to low-income seniors was restored.

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Made in Oregon

Rep. Dennis Richardson

Rep. Dennis Richardson

“Made In Oregon” is a strategy for creating Southern Oregon jobs.  It (1.) recognizes Oregon’s strengths; (2.) accentuates Oregon’s strengths to attract foreign investment in Oregon businesses; (3.) assists foreign business investors in locating in Oregon clean, environmentally sound manufacturing plants and other businesses; and (4.) trains qualified, hard-working and dependable Oregon workers to meet the employment needs of their new employers.

Last Friday, while Rep. Buckley covered my committee assignments, Rep. Esquivel, Sen. Atkinson and I drove to Southern Oregon to greet 50 Chinese officials, investors, artisans and educators. This three-day event was the 2nd Annual Southern Oregon – China Tourism, Business and Education Conference, organized by Irene Kai and David Wick.

The delegation enjoyed Shakespeare, Hellgate Jetboat Excursions, Crater Lake, Central Point’s rodeo and an Indian pow-wow. We also talked business.

Our message was clear. Southern Oregon is a great place to live and to have a business. As a result, one Chinese manufacturing company is considering Southern Oregon for its Made-In-America line of products. Several other Chinese companies are considering relocating from California to Southern Oregon. Lastly, a major Chinese tour operator in San Francisco has committed to providing tour bus agendas to Oregon for Chinese tourists who want a unique and wonderful adventure in the “real America.”

In conclusion, implementing a Made-In-America — Made-In-Oregon strategy to attract Chinese companies to open manufacturing plants in Oregon is another way to create new jobs and promote an economic recovery based on the solid foundation of private enterprise prosperity.

Read more at http://www.dennisrichardson.org/lu061011.htm.

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Independent commission should handle redistricting

Rep. Mike McLane

Rep. Mike McLane

The end is near.   The end of the legislative session, that is.

We are voting on all sorts of bills – budget and policy.   In the midst of that rush, the compromise redistricting plan was issued by the committee.  As you know, every 10 years, the Legislature is tasked to redraw House and Senate districts based on population changes.  My district, House District 55, will still contain a large portion of Jackson County.  Specifically, the “new” House District will contain Shady Cove, Prospect, Sams Valley, Butte Falls, and the rural areas east of Medford.  Eagle Point, however, will no longer be represented by me.  I am not happy about that at all.

Of course, the redistricting plan needs to pass both the House and the Senate and be signed by the Governor.  From what I can tell, that is likely to happen.

I hope, no matter what the Governor decides, that the people of Oregon will choose to send redistricting duties to an independent commission.  We need an initiative that puts this issue to the voters.  There is no way that the Legislature can truly be bipartisan in a redistricting process.   Whatever political party holds the Secretary of State has the trump card – and uses it to their advantage.   It has been 60 years since the Legislature last passed a redistricting plan and a Governor signed it.  Do we really want to wait until 2071 for another one?

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Fair, bipartisan redistricting plan is an accomplishment

Sen. Alan Bates

Sen. Alan Bates

Last week the Oregon Legislature accomplished something that’s eluded Oregon’s state legislatures for decades: They reached a bipartisan agreement on redistricting.

As you know and no doubt have witnessed, redistricting, which immediately follows completion of the U.S. Census, generally is a divisive and rancorous battle between Republicans and Democrats at the state level across the country. Typically, this acrimony leads to someone outside the Legislature (such as the Secretary of State in Oregon) completing the task. Indeed, 10 years ago that is exactly what happened in Oregon when Secretary of State Bill Bradbury took over the job and 20 years ago when Secretary of State Phil Keisling did the same.

However, in sharp contrast to other states mired in redistricting battles, this go-round Oregon established a bi-partisan committee that traveled the state, including the Rogue Valley, to gather public testimony from those who know. And, there’s no doubt that the public input helped guide decisions for districts that needed to expand or contract to meet equal-population requirements based on the recent census.

The outcome is that the new districts reflect the statutory requirements to create districts not only of equal population, but of similar interests and those linked by transportation systems.

This is truly an accomplishment of which all of Oregon can be proud and it is a bipartisan plan that will give Oregonians fair representation over the next 10 years.

To see where district lines moved check out the map here:  http://www.leg.state.or.us/redistricting/

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