| Capitol Update
State Representative Jackie Dingfelder House District
45 N.E. Portland, Maywood Park, &
Parkrose
Dear Friends and
Neighbors, Oregon's 73rd legislative session is
already Oregon's fourth longest, but it remains unclear when exactly
sine die, or final adjournment, will take place. In this
newsletter, I discuss the factors prolonging the session, highlight
several important and yet unfinished legislative initiatives,
provide updates on the progress of civil unions and biofuels
legislation, and describe Governor Kulongoski's recently announced
"Education Enterprise" funding plan.
Although the session is winding down, I have been receiving an
increased amount of feedback from my constituents as they write to
share their last-minute opinions of legislation still making its way
through the legislative process. I want you to know that I sincerely
appreciate your input and I urge you to keep writing.
Thank you for subscribing to Capitol Update. You may
unsubscribe at any time by using the link at the bottom of the
newsletter. As always, I am honored to represent you.  Jackie Dingfelder State Representative House
District 45
In This Issue
- Strange Times in the Legislature
- House Leadership Block Bipartisan Bills
- Governor Announces Education Investment Plan
- ACTION ALERT: Civil Unions Bill Stalled in House
- Enforcing Oregon's Government Ethics Laws
- Biofuels Bill Moving Forward
- Come to the Columbia Slough Regatta on July 31
- Additional Resources
- Tune into Legislative Hearings
Strange Times in the Legislature House recesses while budget negotiations proceed in
private
With 24 of the roughly 100 state agency budgets still
unresolved, the major reason for the prolonged legislative session
remains balancing the budget. In recent days, House and Senate
leaders have been engaged in what are reputed to be intense behind
the scenes budget negotiations, but there is little public
information about what, if any, progress is being made. A recent
Sunday Oregonian sub- headline summed up the situation up
well: "Secrecy envelops the Capitol as a select few legislators
huddle behind closed doors, emerging only to brush aside questions."
Although the secrecy may be necessary to allow legislators to
negotiate frankly, it is unusual in a building where public access
is supposedly the norm.
Meanwhile, for the second time in as many weeks, the
Republican House majority voted last Monday to recess for three
days. I oppose these recesses, which are as long as is
constitutionally allowed while the Senate is still in session.
Although we are not voting, legislators continue receiving per diem
compensation during the recess, which amount to paid vacations while
taxpayers are still saddled with the $28,500 per day cost of running
the Legislature. It is also a shame that the Majority party did not
allow any debate on their most recent motion to recess.
Most importantly, I object to these recesses because there is
still so much work to be done. On the day the first recess was
announced, House Speaker Karen Minnis explained that there was
"little to do." Yet, in reality there were 9 bills ready for House
consideration the next day, 19 more had been passed by committee and
would soon be available to the Speaker to schedule for floor votes,
and 57 more had passed the Senate and were on the way to the House
for consideration. In the article below, I highlight nine of the
most important unfinished initiatives.
House Leadership Block Bipartisan Bills
Work stalled on many important, widely supported
initiatives
During last year's campaign season, candidates for the Oregon
House promised action on a broad range of issues that Oregonians
care deeply about, including containing the high cost of healthcare,
protecting consumers, and adequately funding education. Regrettably,
in their rush to end session quickly, House Republican leaders are
holding hostage several important policy priorities despite their
bipartisan Senate passage and strong bipartisan support in the
House. These are significant bills that would help make life
healthier, more prosperous and safer for every citizen in this
state. They are bills we should be working on right now,
while the Senate moves toward the end of its own session:
Healthcare:
- Senate
Bill 1 would require insurance companies to cover mental
health problems in the same way they cover other medical
conditions. The Senate passed the bill with overwhelming
bipartisan support on March 21, by a vote of 23-6. Today, it waits
in the House State and Federal Affairs Committee.
- Senate
Bill 329 is one of the most important proposals we've seen to
help reduce the cost of health care. It would expand the state's
drug purchasing pool to allow private businesses and individuals
to save money on prescription drugs. On May 20, it passed the
Senate with a bipartisan vote of 19-11. Today, it waits in the
House Budget Committee.
- Senate
Bills 756 and 849
enhance women's access to emergency contraceptives, and require
insurance companies to cover the cost of prescription
contraceptives. These are important bills that affect women's
health, but the Republican leadership has chosen to let them die.
The two bills passed the Senate with strong bipartisan support
(22-7 and 20-7)-the first in March, the second in May, but today
they wait in the House Judiciary Committee.
Education:
- Senate
Bill 766 would eliminate unreasonably large severance packages
for superintendents of school districts, as well as retirement
benefits better than those of other school employees - the so-
called "golden parachutes." The bill would save money for schools,
and allow stronger investment in the classroom. The Senate passed
it on April 20 with strong bipartisan support (19-8), but today
the bill waits in the House Education Committee.
- Senate
Bill 841 and Senate
Joint Resolution 2 address the Education Stability Fund,
commonly known as the "Rainy Day" fund. The first would require
transfer of the entire General Fund ending balance (up to a limit
of two percent of all General Fund expenditures) to the Education
Stability Fund. The second would refer a constitutional amendment
to the voters, enabling them to increase the Education Stability
from five to ten percent of General Fund revenues. These are
serious, effective proposals that could provide a real cushion for
school funding. They both passed the Senate with overwhelming
bipartisan support on May 31 and June 1, but today they wait in
the House Budget Committee and the House State and Federal Affairs
Committee.
- Senate
Bill 467 would enable the Department of Education to reimburse
school districts and others who provide summer food services to
the children of low-income families. The cost to the state would
be only $150,000 per biennium. The Senate passed the bill with
strong bipartisan support (25-3) on June 6, but today the bill
waits in the House Budget Committee.
Consumer protection:
- Senate
Bill 545, the "Payday Loan" bill, would restrict lenders' loan
fees to 15 percent of the loan value on a two-week loan, which is
still the equivalent of 391 percent interest when figured on an
annual basis. Some lenders charge as much as 600 percent interest.
The measure also would limit loan amounts to $1,000 or 25 percent
of a borrowers' gross monthly income, whichever is less. This
badly needed bill passed the Senate on May 31 (17-13), but today
it waits in the House State and Federal Affairs Committee.
I believe that it is irresponsible to let this good
legislation wither and die in committee just because the majority
leadership would rather not deal with them. We were sent here to do
the people's business, and we owe them a decent effort. Rest assured
that, despite the recesses, I will continue working hard to pass
these bills before the Legislature adjourns.
See the articles below on the civil unions and government
ethics for two more good bills that have passed the Senate and are
awaiting action in the House.
Governor Announces Education Investment Plan
Verdict still out on last minute plan
On July 6, Governor Ted Kulongoski proposed a third education
funding plan to compete with House Speaker Karen Minnis's "Stable
Schools Plan" and the House Democrats' "Strong Schools Plan," both
of which I have discussed in previous newsletters. The Governor's
plan is built upon elements of the Speaker's plan, including pegging
school funding to an independent variable in the 2007-09 biennium
and then using a predefined "growth factor" to calculate funding
increases in subsequent years. However, the Governor's plan is also
significantly different from the Speaker's plan and improves on it
in the following ways:
- The Governor's plan covers education spending from pre-K and
early childhood through higher education, while the Speaker's plan
addressed only K- 12 education.
- The funding formula is based upon 61% of the General Fund for
all education rather than 51% of personal income tax revenue for
K-12.
- The Governor's plan increases the growth factor between
two-year budgets from 9% to 10%.
- The Governor's plan makes clear that the defined level of
funding is a "floor," not a "cap."
The Governor's plan is also broader in scope that the
Speaker's plan and includes the following provisions:
- It caps resident tuition increases at Oregon universities and
community colleges at no more than the annual increase in the
Oregon Median Family Income (MFI).
- It includes provisions of SB
639-A, which pools insurance for education workers throughout
Oregon, and provisions of SB
765-A, which consolidates educational service districts in
Oregon.
- It includes a two year "Portland Fix" to allow Portland Public
Schools to continue to keep a portion of property tax revenues, as
they currently do. The additional $15 million a year provided by
this provision is enough to fund three weeks of school, or roughly
200 teachers for Portland Public Schools.
An analysis by the Department of Education shows that the
Governor's plan would provide slightly more money for K-12 education
than the current version of the Speaker's plan. Nevertheless, many
believe that the plan has been introduced too late in the
legislative session to be implemented. The Oregonian called
it "bold, but belated," and the overall reaction to it has remained
muted. The plan does not yet have a bill number, so on July 14, the
Senate Revenue Committee held a hearing on plan's concepts. Much of
the testimony seemed to agree with The Oregonian, that it is
an interesting idea, but that it is probably too late in the
legislative session for such a far-reaching plan to gain traction.
The co- chairs of the Portland School Board issued a mildly worded
statement later that day in which they expressed support for a
thorough discussion of the plan and agreed that it improves upon the
Speaker's plan, but did not claim that it is yet a complete solution
to their funding woes. It will likely take some time for the
Governor's plan to work its way through the public discourse and for
education advocates to fully form their opinions of it.
For more information:
Civil Unions Bill Stalled in House House Speaker attempts to kill Senate Bill 1000 without
vote
The Oregon Senate cast a historic vote on July 8 when it
approved Senate
Bill 1000 by a 19- 10 margin. This bill would create civil
unions for same-sex couples and prohibit discrimination based on
sexual orientation in housing, employment, public accommodations and
public services. Now the bill must pass the House of
Representatives, where I and many members are working hard to
persuade Speaker Minnis to assign the bill to a committee for a
hearing and eventual floor vote. Unfortunately, the Speaker is
dragging her feet. According to the rules of the House, she must
assign the bill to a committee within seven "session days," or days
when the Legislature convenes. Thus, in continually recessing the
House for three days at a time, the Speakers is delaying doing her
duty of making a committee assignment. In fact, she may be intending
to hold the bill on her desk until the legislative session
ends.
I believe that it would be undemocratic for Senate Bill 1000
to fail without a House floor vote. This is an important moment in
Oregon's history when the House has the opportunity to address a
critical question of equality under the law. It's important for us
to do the job we were elected to do, to have a dialogue on the House
floor and to vote to either pass or reject this bill. I urge you to
write to Speaker
Minnis and request a hearing and a vote on SB 1000. All across
Oregon, proponents of the democratic process are mounting vigorous
grassroots lobbying efforts to pressure her allow a vote. Basic
Rights Oregon is organizing a rally at the Capitol on Wednesday,
July 20 at 6 PM, and I encourage you to attend. For more information
on the rally, click here.
Enforcing Oregon's Government Ethics Laws
Senate Bill 420 calls for review of current practices
The Government
Standards and Practices Commission (GSPC) is Oregon's state
agency charged with providing government oversight and enforcing
state government ethics laws. More commonly known as the Ethics
Commission, the GSPC helps ensure open public meetings, investigate
ethics complaints about public officials, and monitor money spent on
lobbying. The Commission is Oregon's government watchdog and its
sufficient funding is vital to ensure government
accountability.
Unfortunately, the GSPC has been starved for funding in
recent years. In 1991 the Legislature allocated funding for 7.0 Full
Time Equivalent employees (FTE) at the Commission, but subsequent
Legislatures have continually reduced its funding. In 2003, the GSPC
was allocated just 2.8 FTE for a full time executive director, an
administrative assistant and a part time investigator who is
responsible for monitoring the entirety of Oregon state government.
With such a small staff, the Commission is unable to investigate
many of the complaints filed with it. Both the House and Senate GSPC
funding bills would allocate just 3.0 FTE, far short of what is
needed for the GSPC to do its job effectively. In fact, I voted
against both of these bills because I believe they are inadequate
and I am reserving my "aye" vote for a budget that will provide
adequate funding.
A new bill, Senate
Bill 420-B, would take action to provide sufficient government
oversight and counter the belief shared by many Oregonians that
there is a lack of accountability in our state government. This bill
calls on an established panel of legal experts, the Oregon Law
Commission, to evaluate and make suggestions for improving our
ethics laws and the structure and funding of the organization that
enforces them. Consensus opinions by an expert panel on these
matters are sure to diffuse the arguments of those who oppose
Oregon's ethics laws or the organizational structure of the GSPC and
will help clear the way for the Legislature to take action next
session. The bill requires the Law Commission to report its
recommendations by October 1, 2006 so that the 2007 Legislature pass
legislation to implement them. I believe that SB 420-B is a positive
step the Legislature can take this session towards ensuring open and
honest state government.
SB 420-B passed the Senate with bipartisan support on July 11
and is now awaiting a hearing in the House Budget Committee. If you
support this bill, I urge you to write House Budget Committee
Chair Wayne Scott and urge him to take action on this
bill.
Biofuels Bill Moving Forward Final form to be determined in conference committee
As you may remember, House
Bill 3481 is the omnibus biofuels bill that grew out of a
comprehensive package of biofuels bills which I cosponsored with
Representative Jeff Kopf (R- Sublimity). That original package was
the product of a broad coalition of legislators and advocates
working together with the goal of launching a sustainable biofuels
industry in Oregon. It was a remarkable package because it brought
together Republicans, Democrats, farmers, and environmental
advocates to advance the environmental and economic benefits
renewable fuels will provide for Oregon. Taken together, the
provisions in the package amounted to a finely balanced compromise
that offered incentives for the production and use of biofuels and a
number of critical boosts to Oregon farmers and the fledgling
biofuel industry. See my February
18 newsletter for a detailed description of each element of the
original package.
Unfortunately, the House Environment Committee stopped work
on the biofuels package and instead put many of its elements into a
new bill, HB 3481, which passed the House last month. HB 3481
dismisses many of the elements of the balancing act and contains
several major flaws. In particular, this bill excludes the renewable
fuel standard, a minimum required blend of biodiesel in each gallon
of diesel and ethanol in each gallon of gasoline sold in the state.
Under pressure from industrial lobbyists, the committee also
included a major expansion of the Pollution Control Tax Credit
(PCTC), an unrelated, and widely-criticized tax credit that diverts
state funds to do little more than pay polluters for complying with
environmental laws.
My hope for biofuels lies in the Senate, where a committee
amended HB 3481 to eliminate the PCTC expansion and restore nearly
all of the original package's key elements. The committee also added
several provisions not included in the original package but that
were requested by the Governor and designed to boost the Oregon's
use of solar and other renewable power sources. I am very satisfied
with this new form of the bill and expect it to pass the Senate
early this week. Once that happens, a conference committee will be
established to work out the differences between the House and Senate
versions. It is difficult to predict the outcome of those
negotiations, but rest assured that I will work hard to convince the
committee that the Senate's version is the only one likely to
fulfill the goal of fostering a biofuels industry in Oregon.
Come to the Columbia Slough Regatta on July 31
Annual one day paddling event is Oregon's largest
Dust off your canoe and bring the family to this festive
community paddling event. Enjoy live music and a great view of the
175 species of birds, 25 species of fish, and variety of mammals
that call the slough home. Get a paddler's guide to the Columbia
Slough, Regatta T-shirt and refreshments. A $5 donation per boat is
requested.
Additional Resources Websites for tracking bills
You may use the links below to track bills as they make their
way through the legislature. You may search bills by number or text.
See the article "How
a Bill Becomes a Law" for more information on the legislative
process.
Tune into Legislative Hearings Streaming audio and video
To
hear live audio or view streaming video from the Oregon Senate,
House Chambers, or committee meetings, use the links below (requires
RealPlayer). Consult the online
agendas to learn what topics the various committees will address
in the next few days.
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