HD15 Legislative Update: July 31, 2023

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Stay tuned for my complete Session wrap-up news in the next couple of weeks. And since the conclusion of the 2023 Session, this newsletter will become monthly.

As always, it is an honor to serve as your State Representative from House District 15. Please never hesitate to reach out if you have issues, questions, or concerns.

 - Shelly

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Policy Update

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You Will Now Have a Choice at the Pump

After being non-committal, Governor Kotek will not veto House Bill 2426, which will give you a choice in how you fill up at the pump. The law has NOT been signed yet and is NOT law. In Linn, Benton, and Marion Counties, you cannot pump your own gas yet. Be patient, wait for the Governor to sign the bill (or otherwise go into effect without her signature).

Salem Payroll Tax

The Salem City Council recently passed a new tax on worker's wages. This will impact not only workers in state government but also those who commute to Salem for work in any other field. Despite strong public opposition to the plan, the Council passed the tax by a tie-breaking vote from Mayor Chris Hoy.

Opponents of the tax, led by Oregon Business & Industry, are now collecting signatures to refer the tax to a vote of the people. According to media reports, they need 4,000 valid signatures by August 9th to get it on the ballot and have already collected that amount.

This tax brings up serious voting rights issues because if you LIVE outside the city limits of Salem but work inside, you will still be required to pay the tax but not be eligible to vote on the issue if it makes it to the ballot. In order to protect the principle of "no taxation without representation," the legislature may want to take a look at this issue.

If you WORK inside the city limits regardless of where you live, the tax will impact you. Learn how much you could pay here.

Measure 114

Last year, Oregonians narrowly passed Measure 114, a sweeping gun control law. It has been held up in court ever since, and it is increasingly looking like it will head to the United State Supreme Court.

A couple of weeks ago, a federal judge ruled that the ballot measure was constitutional, but now those challenging the law have filed an intent to appeal.

While the federal lawsuit moves forward, a state lawsuit that has kept the law on hold, has a trial date set for September.

Measure 110 and Drug Abuse

This session, there was a lack of leadership to take bold action on some of Oregonians' most pressing issues. No issue stands out more than in the area of drug abuse.

We have a crisis on our streets, but instead of working to get people the help they need, leaders in Portland proposed giving those using fentanyl straws and foil to smoke with and have proposed spending $84,000 on smoking supplies, including 55,000 crack pipes. This kind of enabling policy, coupled with Measure 110, is killing people.

The Majority wants to take credit for acknowledging how disastrous their drug policy has been by passing House Bill 2513 last session. That bill nibbled around the edges of the problem and provided some more oversight of how treatment money is spent, but it did not change the overall approach to this crisis. For example, the definition of "recovery" in HB 2513 did not once mention getting off of drugs. If we cannot even define our goals correctly, and until we tackle the fundamental flaws with Measure 110, drug abuse and overdoses will continue to increase.

This article in Times Magazine lays out why Measure 110 has been an utter failure. Those who wrote the ballot measure and supported it with millions of dollars in campaign funding admitted they deemphasized treatment when crafting the law. Portugal decriminalized drugs with some success early on in part because they emphasized treatment. But even Portugal's drug decriminalization effort seems to be collapsing as well.


Oregon News

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Some states consider taxing by the mile rather than gallon as electric vehicles become more popular Fox News Evan Burroughs has spent eight years touting the virtues of an Oregon pilot program charging motorists by the distance their vehicle travels rather than the gas it guzzles, yet his own mother still hasn't bought in. ... "It’s probably a good thing, but on top of everybody else’s stress today, it’s just one more thing," she said of Oregon's first-in-the-nation initiative, which is run by the state transportation department where her son serves as a survey analyst. ... So far, only three states — Oregon, Utah and Virginia — are generating revenue from road usage charges, despite the looming threat of an ever-widening gap between states’ gas tax proceeds and their transportation budgets. Hawaii will soon become the fourth. Without action, the gap could reach $67 billion by 2050 due to fuel efficiency alone, Boston-based CDM Smith estimates.

Fentanyl penalties could get harsher in this state with decriminalized drugs Fox News But GOP lawmakers say it's an important first step in reforming drug laws. "This legislation provides a critical tool to law enforcement to keep our communities safe," Republican Rep. Jeff Helfrich, one of the bill's chief sponsors, said in a statement. "While I believe we must have real conversations surrounding Measure 110 reform, this bill allows us to start fighting this epidemic and will get fentanyl off our streets." "Unfortunately, what most voters thought Measure 110 would do is refer people to treatment and recovery," GOP Rep. Lily Morgan, another one of the bill's chief sponsors, told Fox News in a statement. "That has not happened in Oregon." ... "Fentanyl is wreaking havoc in communities across our state. This should not be a partisan issue," Morgan told Fox News. 

'No longer necessary': Portland mayor nixes proposal to ban public drug use KGW State Representative Jeff Helfrich, R-Hood River, is co-chief sponsor of HB 2645. He said given that the bill only addresses fentanyl, Helfrich said he wishes Wheeler would have thought twice about reigning in his proposal. "I think his ordinance needed to be pushed out, personally," said Helfrich. "But if he wants to use this law as a guise, we'll see what happens when it goes to court because there's going to be an attorney that appeals this and I'd hate to lose this law or at least law enforcement's ability to hold some people accountable for what's going on."

ODOT pumps brakes on two major freeway projects amid budget crisis, tolling pause OregonLive The delayed projects are: The Rose Quarter project, which would add lanes to a congested section of Interstate 5 that connects to interstates 84 and 405. The revamp is now estimated to cost about $1.9 billion dollars, nearly four times original forecasts. The project includes plans to cover the freeway to reconnect Lower Albina, a historically Black neighborhood divided and partially razed for the construction of I-5 in the 1950s. Construction was expected to begin in 2025. The second phase of an Interstate 205 revamp that would add a lane to the freeway and make seismic upgrades. The state agency has already begun work on the first phase of the project, which includes the replacement of the Abernethy Bridge in Oregon City. In total, that project is expected to cost up to $1.36 billion.

Rural Oregon gets more control over fish and wildlife policy Capital Press Representation on the commission will shift over time, with new members appointed from river basins as the current roster’s staggered terms end, said Rep. Bobby Levy, R-Echo. “Congressional districts cannot equitably represent vast landscapes with different needs. This regional representation will bring a diversity that’s not currently in place, especially by elevating Oregon’s tribes,” Levy said.

Streamlined estate tax relief for Oregon farms becomes law Capital Press Oregon Gov. Tina Kotek has signed a streamlined tax relief measure for farm estates into law despite complaints it reduces state revenues to benefit wealthy investors. Senate Bill 498 is meant to ease succession problems for family farm, forest and fishing estates with a tax exemption for operations worth up to $15 million.

Oregon students’ academic mastery remains far below pre-pandemic levels, preliminary test scores suggest OregonLive Despite billions of state and federal dollars pumped into Oregon schools to help students’ post-pandemic academic recovery, statewide reading, writing and math scores have barely budged, a preview of spring 2023 test results suggests. According to preliminary data, the share of third graders performing proficiently in reading and math each ticked up by a single percentage point from the previous spring. Among eighth graders, proficiency rates stayed unchanged from the previous year. The data comes from the Smarter Balanced Assessments, which include both open-ended questions and multiple-choice items and are used by at least nine other states, including Washington. … The preliminary results show just 40% of the state’s third graders scored as proficient in reading and writing and in math this spring, down from a 2019 rate of 47% in English and 46% in math. Among eighth graders, 44% achieved proficiency in reading and a dismal 26% did so in math, down from 53% and 38% respectively in 2019.

Selling the cows: Why more dairy farmers are quitting the business Capital Press The Oregon dairy community has been hit hard the last few years, said Tami Kerr, executive director of Oregon Dairy Farmers Association. The state lost 25 dairy farms in 2022, and 101 have gone out of business in the last 10 years, she said. High feed costs, labor shortages, additional regulations, milk checks that don’t cover expenses, exhaustion and not seeing a future where things improve for the next generation are all factors, she said. But the biggest factor is overly burdensome regulations imposed by the state, she said. “Oregon is not a business-friendly state, agriculture is at a tipping point and sliding over the edge. Oregon needs to decide if they want to be an agricultural state,” she said. The state has one of the highest minimum wages in the country, and overtime regulations for agriculture and paid family leave were implemented on Jan. 1, she said.

Oregon joins West Coast states seeking millions to create zero-emission truck fueling network Oregon Capital Chronicle Two years ago, Oregon joined California and Washington in requiring school bus, delivery van, garbage truck and semi-truck manufacturers to begin offering more zero-emission vehicles fueled by electricity and hydrogen. Now, the three states are joining together with a plan to power them on drives on the West Coast." The Oregon Department of Transportation and California and Washington’s transportation agencies submitted a joint application last month to the U.S. Department of Transportation for federal funding to build the West Coast Truck Charging and Fueling Corridor.

Ethics Commission Says Fagan May Have Used Her Public Position for Private Gain, Launches Full Investigation Willamette Week In the OGEC report published Friday afternoon, staff concluded there was reason to believe Fagan may have leveraged her elected position for personal financial gain by entering into the contract with La Mota’s affiliate company, Veriede Holding. Staff also wrote that there were grounds to believe the position offered by La Mota may not have been available to Fagan were it not for her elected position. (Fagan, by her own account, met Cazares and Mitchell only after she launched her 2020 campaign for secretary of state.)

Eleven of 41 Inmate Firefighters Whose Sentences Got Commuted Picked Up Subsequent Felony Charges Willamette Week WW has reviewed the court records of those 41 inmate firefighters whose sentences were commuted and found that 11 were charged with felonies after their release. Two others were charged with misdemeanors. Brown commuted the sentences of six inmate firefighters with convictions in Multnomah County, the review by WW found, including Calhoun. Four have been accused of committing subsequent felonies.

What Happened When Oregon Decriminalized Hard Drugs The Atlantic Three years ago, while the nation’s attention was on the 2020 presidential election, voters in Oregon took a dramatic step back from America’s long-running War on Drugs. By a 17-point margin, Oregonians approved Ballot Measure 110, which eliminated criminal penalties for possessing small amounts of any drug, including cocaine, heroin, and methamphetamine. When the policy went into effect early the next year, it lifted the fear of prosecution for the state’s drug users and launched Oregon on an experiment to determine whether a long-sought goal of the drug-policy reform movement—decriminalization—could help solve America’s drug problems. Early results of this reform effort, the first of its kind in any state, are now coming into view, and so far, they are not encouraging. State leaders have acknowledged faults with the policy’s implementation and enforcement measures. And Oregon’s drug problems have not improved. Last year, the state experienced one of the sharpest rises in overdose deaths in the nation and had one of the highest percentages of adults with a substance-use disorder. During one two-week period last month, three children under the age of 4 overdosed in Portland after ingesting fentanyl.

Oregon senator who threatened ‘hell’s coming to visit you’ wins 1st Amendment case OregonLive Sen. Brian Boquist, who famously warned that Oregon State Police should “send bachelors and come heavily armed” if they wanted to force him back to the Capitol during a 2019 Republican Senate boycott, has won a federal First Amendment challenge related to his threats. Boquist, then a Republican, sued then-Sen. President Peter Courtney and other Democratic Senate leaders for their decision to require him to give 12 hours’ notice before he could appear at the Capitol.

Portland homeowner threatens to sue city over homeless camps, claims he can't sell house & leave KATU The listing for Pearcey's bungalow does well. Lots of people are saving it. But when they drive by, it's a different story. He lives off I-5, where tents line the freeway, and the feedback has been rough. Pearcey showed KATU a message alerting him that prospective buyers canceled a showing. It said they were no longer interested because "they saw homeless people sitting in a car, so they were going to pass." This past weekend, no one showed up for Pearcey's open house.

State needs to move in a new direction Portland Tribune – By: Christine Drazan We have a new governor, but has anything changed? No matter how politicians dress it up, Oregonians know the reality. Public drug use, shrinking paychecks, underperforming schools, unpredictable neighborhood safety, higher taxes, more traffic — and uncertainty thrown in with the tolling of existing highways. As Oregonians, we are not asking for perfection but for better. It's a simple vision for tomorrow: safety, community, opportunity—more common sense, more common ground. We want the quality of life that is the Oregon promise.

Portugal, the drug decriminalization success story Oregon followed, now appears to be in trouble KGW In the run-up to the November 2020 election, proponents of Measure 110 cited the European nation of Portugal as a positive example of what can be accomplished by decriminalizing drugs for users. But now there are signs that the country's once-promising program has run into trouble. KGW's The Story has reported before on how Oregon's Measure 110 perhaps didn't mirror Portugal's model near enough. The consequences for drug users, which Portugal has used as a method of directing people into treatment, are much weaker in Oregon. Portugal also has universal health care, which helps ensure that anyone can seek help when they need it without being turned away.

Oregon hospital shooting leaves security guard dead, suspected gunman killed by police Fox News Oregon police confirmed that a Portland hospital security guard was shot and killed after a person opened fire inside the medical center Saturday morning. The shooting suspect also died, police confirmed. The Portland Police Department said officers responded to "threats inside the hospital" around 11 a.m. (PDT) at Legacy Good Samaritan Hospital. The suspect was armed with "at least one firearm," police said.

Former OLCC Director Steve Marks Files Tort Claim Notice Alleging Kotek Fired Him at Rosa Cazares’ Behest Willamette Week The former director of the Oregon Liquor and Cannabis Commission filed a tort claim notice with the state Friday alleging Gov. Tina Kotek ousted him earlier this year at the behest of La Mota CEO Rosa Cazares. Cazares, her partner Aaron Mitchell, and La Mota contributed generously to Kotek’s gubernatorial campaign. Kotek forced Steve Marks, who led the OLCC for nearly a decade, to resign in January. In Marks’ Friday tort claim notice filed with the state—a precursor to litigation—he makes a bombshell accusation: that Kotek fired him because Cazares, the 35-year-old CEO of the embattled La Mota dispensary chain, pushed her to do so.

How Fentanyl Floods the Streets of Portland Willamette Week This week, I’m welcoming back Lucas Manfield, whose WW cover story “Life in Hell” culminates months of reporting on a downtown fentanyl market that, despite city efforts, evades erasure. Manfield really put himself on the line for this reporting, and the final package is pretty revelatory. Unlike non-Portlanders armchair discoursing about how and why Portland is in the thick of a crisis, Manfield did his investigating from the inside, untangling the crisis from the worst of its effects to shine a light on a real solution.

Multnomah County lost record $1 billion in income between 2020 and 2021 as residents moved away OregonLive Multnomah County residents who moved away took more than $1 billion in income with them during the first year of the pandemic, as remote work allowed people to keep jobs in cities but live anywhere. That’s according to The Oregonian/OregonLive’s analysis of data released by the Internal Revenue Service. Numbers gleaned from annual income tax returns provide the most detailed information available on where Americans are moving — and taking their money.

Oregon deputies make largest fentanyl bust in county history Fox News Deputies in Oregon made the largest fentanyl bust in their county history last week, seizing tens of thousands of pills and powder packed into gallon-sized plastic bags, authorities said. The bust happened Tuesday as investigators were watching a wanted person in Portland's Goose Hollow neighborhood, the Multnomah County Sheriff's Office said. Deputies took the person into custody "at the opportune time" after watching him walk to a vehicle. Deputies with the sheriff’s Special Investigations Unit obtained a search warrant for the individual’s car and apartment, finding gallon-sized plastic bags stuffed with fentanyl pills and fentanyl powder, a manual-operated pill press, a commercial grade pill press, $5,000 in cash and a stolen handgun, the sheriff's office said.

Self-serve gas is officially coming to Oregon OPB The mystery surrounding her thinking spurred a fresh round of activity from backers of HB 2426, who issued a press release Thursday quoting lawmakers in both parties. “We heard from Oregon drivers throughout the session who want the freedom to choose whether they pump their own gas or not,” state Rep. Shelly Boshart Davis, R-Albany, said in the release. “We also heard from small businesses who need relief from the ongoing labor shortage.”

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Get Involved

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REGISTRATION FOR YOUTH SPORTS

AT BOYS AND GIRL CLUB OF ALBANY!

ABGC Sports Reg
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From the Boys and Girls Club of Albany - Registration is open!

Go here for more information.

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Community Awareness

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SPRINGHILL DETOUR - AUG 7 - SEPT 15

Springhill Detour
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Upcoming road closures and maintenance in North Albany, Benton County, Oregon:

August 7-8 — West Thornton Lake Drive in North Albany will experience a temporary closure to through traffic, scheduled on August 7-8, 2023, from 8:30 a.m. to 4:30 p.m. The closure will be in effect between Lawnridge Street and the entrance of North Albany Baptist Church (1273 W Thornton Lake Drive). During the closure, Pacific Excavation, Inc., the contracted company responsible for the project, will ensure the passage of emergency vehicles, if required.

August 7-September 15 — Springhill Drive between Scenic Drive and Buena Vista Road in North Albany is scheduled to only be open for local access from August 7 to September 15, 2023 due to a Full Depth Reclamation Project. During the closure, Knife River, the contracted company responsible for the project, will ensure the passage of emergency vehicles and local traffic when required.

Learn more, here.

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SWIMMING SAFETY

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From our friends at Linn County Sheriff's Office: 

As summer rolls on and more hot weather days ahead, we wanted to share 3 quick swimming safety tips to keep everyone safe out there!

  1. DO NOT Swim Alone

Make a rule that nobody swims alone. Even strong swimmers need to have someone out with them in case something happens.

  1. Make Sure Kids are Supervised

While heading to the pool, lake or river can be a fun and relaxing time for family and friends it is very important to stay alert when children are in the water. Parents should be within arm’s reach of young children at all times. Older children who are experienced swimmers should still be monitored while in the water. They may try to flip or dive into the water, which can be dangerous. The water drops in temperature drastically within only a few feet and can cause someone to gasp when they reach those temps unexpectedly.

  1. Wear Life Vests When Needed

If you’re doing activities on the open water such as boating, kayaking, paddle boarding and canoeing, children under 12 MUST wear a Coast Guard-certified life jacket. Life jackets are required to be accessible to everyone else on any of these vessels. Young and inexperienced swimmers should also wear an approved life jacket whenever they are around water. Water wings, floaties, kickboards, or other floats aren’t a substitute and should only be used when a parent or trustworthy adult is within arm’s reach of the child.

Enjoy the beautiful weather, have fun swimming and stay safe!

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CAMPING SAFETY

Camp safety
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From our friends at Linn County Sheriff's Office: 

Camping season is in full swing and we once again wanted to remind everyone of some Campsite Theft Safety Tips. Follow these tips to help ensure you have the best camping trip possible!

  • Lock your vehicle. When venturing off on an early morning hike, lock your personal belongings out of sight in your vehicle, or better yet, carry them with you. If you're tent camping, valuables can easily be stolen.
  • Get an extra set of eyes. If you leave your campsite for a day trip, ask your neighbors to keep an eye on it for you.
  • Lock items to a tree. If you have an expensive grill or bike, secure them with a cable locked around a nearby tree.
  • Properly store your food. Thieves can also take the form of furry critters. Store your food in airtight containers. This not only keeps it fresh; it prevents animals from noticing its scent and raiding your campsite.
  • Keep an eye on Mother Nature. Mother Nature can quickly whip up a summer storm. Make sure your belongings are properly secured. Store expensive items in your car or RV. Properly stake items to help keep them secure from strong winds.
  • Dry your gear during the day. If you have expensive camping gear that needs to air out, do it during the day. Never assume you can leave it out overnight and expect it to be there in the morning.
  • Leave it at home. Camping provides an opportunity to enjoy the outdoors with family and friends. Leave the tablet or laptop at home and enjoy a simpler life.

HD15 Events

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 SAFETYNET: SMART CYBER CHOICES ONLINE TRAINING

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From our friends at the ABC House: 

Every time a kid uses a smartphone, tablet, computer, or logs on to an online game, the door is open to a virtual world populated by cyberbullies, hackers, and predators. SafetyNet: Smart Cyber Choices® for parents, caregivers, and professionals is a 1.5-hour training that teaches how adults can empower children and teens to use technology safely and wisely.

THURSDAY, AUGUST 17, 2023 AT 3 PM – 4:30 PM

Some specific topics covered during this presentation include:

-- Online predators

-- Sexting

-- Cyberbullying

-- Plagiarism

-- Privacy

-- Computer security

-- Identity theft

-- Gaming

-- Social networking

-- Sex trafficking

This internet safety program was developed by the San Diego Police Foundation and the San Diego Internet Crimes Against Children Task force.

Join us on Zoom for this training! Link here

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👉 NATIONAL NIGHT OUT - TOMORROW!

Night Out
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From our friends at Linn County Sheriff's Office: 

National Night Out is tomorrow - Tuesday, August 1st!

The Linn County Sheriff’s Office will once again be joining other agencies across the nation in celebrating National Night Out!

National Night Out is an annual community-building campaign that promotes police-community partnerships and neighborhood camaraderie.

National Night Out enhances the relationship between neighbors and law enforcement while bringing back a true sense of community to our cities, towns and neighborhoods! Our deputies will be in neighborhoods all throughout the county!

If you are planning an event this year and would like to have a representative there from the Linn County Sheriff’s Office, please contact Community Services Coordinator Michael Mattingly at mmattingly@linnsheriff.org.

We look forward to seeing everyone out for a great night of fun and community comradery!


Doing Great Things

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ANNUAL SOFTBALL GAME

ABC Goss
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From our friends at the ABC House: 

Join us Friday, August 4th at 5:00 pm, for our annual softball game vs. the Linn County Sheriff's Office at Goss Stadium in Corvallis.

Instead of purchasing tickets* to this year's game at the gate like years past, we're asking attendees to make a donation online to the ABC House, a children’s advocacy center, which serves Linn and Benton Counties. Please go here to give any amount by game day. In the additional comments box please list "softball game."

*Admittance to the softball game does not permit you to stay for the Knights Game without purchasing a baseball ticket. The ballpark will be cleared at 5:45 and will reopen at 6:00

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During the session break (interim) - and for the rest of the year - my office will continue to keep you updated and informed with a monthly newsletter.

My office is always at your service. Please don’t hesitate to reach out if you have any community event announcements, legislative questions, or concerns.

What is happening
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Talk soon, 

Shelly

Capitol Phone: 503-986-1415
Capitol Address: 900 Court St NE, H-389, Salem, OR 97301
Email: Rep.ShellyBoshartDavis@oregonlegislature.gov
Website: http://www.oregonlegislature.gov/boshartdavis

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