July 18th, 2005
 
 
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
State Seal
  1. Strange Times in the Legislature
  2. House Leadership Block Bipartisan Bills
  3. Governor Announces Education Investment Plan
  4. ACTION ALERT: Civil Unions Bill Stalled in House
  5. Enforcing Oregon's Government Ethics Laws
  6. Biofuels Bill Moving Forward
  7. Come to the Columbia Slough Regatta on July 31
  8. Additional Resources
  9. 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
Kayaks on the Slough 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
Scales 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
Mic 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.

Phone: 503-986-1445
Fax: 503-986-1130

Please contact me with your ideas and concerns regarding state issues. Together we can work for positive change for Oregon!