I Forfeitures tied to guilt
■ Measure 3 would require
police to get a conviction
before seizing property
By Jesse Thomas
For the Emerald
If Ballot Measure 3 passes, the
notion that people are innocent
until proven guilty would be ex
tended to property.
Current Oregon law allows po
lice to seize the property of sus
pects before they are arrested or
convicted. Ballot Measure 3
would change this, amending the
Oregon Constitution to prohibit
the forfeiture of property unless
the owner is first convicted of a
crime involving the seized prop
erty.
Supporters say this measure
would protect citizens” property
from undue seizure, but oppo
nents say it will lock Oregon law
into a complex situation and make
law enforcement less efficient.
“They’re punishing people
where they can’t convict them,”
said Ray Heslep, chief petitioner
of the measure. “It may be legal,
but it isn’t right.”
If passed, Measure 3 would re
quire government to prove through
clear and convincing evidence that
seized property was used to com
mit, or was the profit of, a crime for
which a person is convicted. If the
person whose property was seized
is not convicted of a crime or
charged, the property must be re
turned, unless it was abandoned or
was contraband.
“Police believe that the Oregon
state law is a good law and that it
helps reduce recidivism,” said Jan
Powers, Eugene Police Depart
ment spokeswoman. “In over 20
years working here, I have only
seen one case where I wanted to
know more about it before the
seizure of the property. ”
Forfeiture in Oregon law is
commonly used to take cars away
from people who repeatedly drive
while drunk. This year, DUII
deaths are at an all-time low, ac
cording to the State Attorney Gen
eral’s office.
A statement provided by Moth
ers Against Drunk Driving
(MADD), which opposes the
measure, says forfeiture in the
State of Oregon has helped pre
vent unnecessary deaths and in
juries caused by repeat DUII of
fenders.
In 1999, 1,069 Oregonians lost
property to asset forfeiture, and 72
percent of those people weren’t
convicted or charged. No one got
their property back after charges
were dropped, according to Amy
Klare of the Oregonians for Prop
erty Protection.
Currently, money gained from
forfeitures of property goes toward
attorney and investigation fees, as
well as to law enforcement, where
it is used to purchase weapons or
pay for officer overtime or fund
capital improvements.
Under Measure 3, forfeiture
proceeds will be used for drug ed
ucation and treatment.
“We are trying to take out the in
centive to abuse this law and re
form a system that is out of check
and off kilter,” said state Rep.
Floyd Prozanski, D-Eugene.
Homosexuality at issue again
■ Measure 9 makes schools
part of the controversy over
homosexuality and the OCA
By Darren Freeman
Oregon Daily Emerald
The Oregon Citizens Alliance’s
first ballot measure since the orga
nization’s defeat at the polls in
1996, Ballot Measure 9 has made
schools the latest battleground for
gay rights in Oregon.
If Measure 9 passes, all state
schools from kindergarten
through community colleges
would be prohibited from sanc
tioning or promoting homosexu
ality, and those schools that do en
courage it could lose state
funding.
Counseling programs, gay stu
dent unions, health education and
school tolerance policies would
be challenged, though supporters
and opponents of the measure dis
agree about how they will change.
Though OCA director Lon
Mabon said the OCA could con
vince the legislature to bar state
universities from sanctioning ho
mosexuality if the measure pass
es, Oregon University System
spokesman Bob Bruce said state
universities would be unaffected.
The University’s neighbor, Lane
Community College, however,
would be significantly affected by
the measure’s passage.
“It would affect LCC just as it
would affect K-12 schools,”
Robert Ackerman, chairman of the
LCC board, said, adding that the
LCC school board unanimously
voted Sept. 13 to oppose the meas
ure. “We view this as a denial of
free speech, a violation of academ
ic freedom and the marginaliza
tion of a group of students. ”
Opponents of the measure say
that its passage would brand non
heterosexual students as targets
and could lead to higher rates of
depression and teen suicide.
Susan Matthews, LCC multicul
tural adviser, said the measure
would change the atmosphere of
the community college.
“It would completely change
the climate here to one that is
completely intolerant of LGBT
students and staff,” she said. “I
think that just having the measure
on the ballot is devastating. It le
gitimizes homophobia.”
Mabon, however, that the meas
ure would allow criticism of ho
mosexuality but not harassment
of gay and lesbian students.
“We are opposed to harassment
at any level,” he said. “But a lot of
these programs are just disguising
acceptance.”
Though the measure’s oppo
nents say its passage would elimi
nate counseling for non-hetero
sexual students, Mabon disagrees,
saying school counselors would
be barred only from telling stu
dents it’s acceptable to be gay.
They could still counsel for de
pression and encourage students
to seek support from independent
counselors.
Another concern opponents ex
pressed is the possible restriction
of health education.
“Measure 9 would place a stran
glehold on the ability of schools to
provide good HIV education,”
said May Gossart, a Planned Par
enthood education director.
Jose Solano, a Portland high
school teacher who supports Mea
sure 9, said health education
would not be restricted but rather
expanded to include the what he
called the dangers of homosexual
sex.
“It’s harming students,” Solano
said of his school’s decision to
suppress books that encourage ho
mosexual students to change. “We
have students who are swearing
that they’re born that way, that
they can’t change, that we can’t
help them. They’ll believe it, they
won’t want to change and they’ll
face the health hazards of the gay
lifestyle.”
Use of tobacco funds disputed
■Two measures offer rival
plans for using the state’s
tobacco settlement monies
By Jeff DeMoss
For the Emerald
What to do with all this money?
There are two measures on the
state ballot this year that attempt to
answer this question, which refers
to the sizable chunk of funds com
ing Oregon’s way via the recent ma
jor settlement with U.S. tobacco
companies.
How sizable? State estimates pre
dict that Oregon will receive $339
million by the end of June 2003 and
as much as $2.3 billion over the
next twenty-five years under the To
bacco Master Settlement Agree
ment of 1998.
Ballot Measures 4 and 89 present
two different plans for allocating
the money, which is currently un
restricted by state law. Because the
two measures are in direct conflict,
the one receiving more “yes” votes
will be adopted, unless neither
measure gets a majority vote.
Measure 4 would establish the
Oregon Health Plan Trust Fund. All
interest earned by investing the
trust fund would be continuously
applied to the Oregon Health Plan,
which provides low-income health
care assistance to thousands of Ore
gonians.
The trust fund itself would also be
available for the Oregon Health Plan
if deemed necessary. If state econo
mists predict economic recession,
the legislature could, with a two
thirds majority vote, cut into the trust
fund to subsidize the health plan. Ed
Patterson, vice president of govern
mental relations for the Oregon Hos
The healthcare
industry has been greatly
affected by tobacco use.
Ed Patterson
vice president of
governmental relations the
Oregon Hospital
Association tt
pital Association, thinks the Oregon
Health Plan is the right place to in
vest settlement dollars.
“The health care industry has
been greatly affected by tobacco
use,” Patterson said. “It makes
sense to put the money back into
healthcare.”
Measure 89 would put all settle
ment money into creating the
Health Security Fund, which
would support a variety of pro
grams in the following order: pub
lic and mental health programs,
transportation services for the eld
erly, housing for low-income and
disabled people, tobacco use pre
vention, Oregon Health Sciences
University and shelter care for
women who are victims of domes
tic violence.
The Health Security Fund itself
could also be used for these programs
under the same conditions that
would apply to the Oregon Health
Plan Trust Fund under Measure 4.
Steve Manela, human services com
mission manager for the Lane County
Department of Health and Human
Services, likes the broad distribution
plan of Measure 89.
“The state needs improvement in
a wide variety of programs,”
Manela said, “not just in health care
or smoking prevention. ”
Many people and organizations
are critical of both measures. John
Valley, state advocacy manager for
the American Cancer Society of
Oregon, believes that both meas
ures are misguided because they
don’t prioritize tobacco-use preven
tion and education.
“We should use tobacco money
to fight tobacco use in Oregon,” Val
ley said. “We need to invest in to
bacco prevention now if we want to
achieve long-term success.”
Campaign finance reform is considered
■ Measure 6 gives candidates
public money if they curtail
their private fundraising
By Bennett Lacy
For the Emerald
Supporters of Measure 6, which
would give public funding to can
didates running for state office, say
it would reform an ailing campaign
finance system by getting private
money out of state politics and by
encouraging more candidates to
run for office.
“We must put citizens back in
the driver’s seat of American gov
ernment,” said Carolyn Jefferson
Jenkins, president of the League of
Women Voters, during her Oct. 16
visit to Eugene.
But opponents of the measure
say it would give public money to
candidates who don’t deserve the
support and would do little to
eliminate corruption.
“Measure 6 would support can
didates people don’t agree with,”
said Becky Miller, executive assis
tant with Oregon Taxpayers Unit
ed, an anti-tax organization that is
opposing the measure.
The measure would give candi
dates running for state offices
$25,000 with which to campaign.
To qualify for public funding, can
didates must limit private contri
butions and receive a specified
number of $5 contributions from
Oregon residents. Candidates run
ning for governor, secretary of
state, state treasurer, attorney gen
eral and legislative seats would be
Measure 6 forces grass
roots politics so that politi
cians know who they are
representing.
Dian Smissar
The League of Women Voters
of Lane County
able to choose whether to seek the
public campaign funding.
If Measure 6 passes, Oregon will
follow only four other states —
Arizona, Maine, Massachusetts
and Vermont — that have passed
similar measures.
“Oregon can set the direction for
reform across the country,” Jeffer
son-Jenkins said. “Campaign fi
nance needs to be reformed be
cause the political system needs to
be reformed. Both go hand in
hand.”
The League of Women Voters oi
Lane County is supporting Mea
sure 6 because it wants to see an
increase in grassroots campaign
ing, said Dian Smissar, a league
member.
“Measure 6 forces grassroots
politics so that politicians know
who they are representing,” Smis
sar said. “I would rather put cam
paigns back in the hands of the
everyday voter. I think the taxpay
er’s dollar is a more sound dollar
to apply toward voting issues than
the corporate dollar.”
Opponents of Measure 6 say it
will not completely solve the prob
lem of corruption in campaign fi
nancing.
“The power to be gained in elec
tions is so great, there will always
be corruption,” Miller said. “There
are ways to corrupt Measure 6, and
taxpayers would have to pay for
it.”
Supporters of the measure argue
it would help more people run for
office and give citizens more can
didates to choose from.
“Candidates will have to listen
to the needs of the citizens,” Jeffer
son-Jenkins said.
Lower taxes may mean higher tuition
■ Measure 88 allows more
federal taxes to be deducted
from state income tax returns
By Anna Seeley
for the Emerald
It’s hard to say exactly how
much the University would be af
fected by Measure 88, a tax-cutting
measure, but both opponents and
proponents of the measure say it
would reduce the amount of fund
ing distributed by the state govern
ment.
Measure 88 would cut taxes by
j allowing Oregonians to deduct
S2,000 more of their federal income
tax payments from state income tax
returns, increasing the maximum
deduction from $3,000 to $5,000.
If passed, this would reduce the
amount of funds available for gen
eral government expenditures, in
eluding funds for higher education.
Douglas Bilheimer, a consultant
for the Oregon Education Associa
tion, said the measure would re
duce the general fund by Si60 mil
lion and would continue to reduce
the amount of resources supplied
to the University. He said he feels
this measure is unfair and unneces
sary.
“This is awful legislation,” said
Bilheimer, “Passage would result
in education funding losses at time
when schools are already strapped
for cash.”
State Rep. Leslie Lewis, R-New
berg, disagrees. She said the
amount to be deducted is very
modest and won’t have any impact
on the amount of funding the Uni
versity receives from the state.
“The $3,000 limit was set back in
1986 and was never indexed for in
flation,” Lewis said. “This measure
was written because we recognized
that the S3,000 deduction was way
outdated. More and more people are
receiving higher incomes and are
forced to pay more taxes as a result.”
Melissa Unger, legislative organ
izer for the ASUO, said Measure 88,
like Measure 91, could raise tuition.
She was not able to comment on
whether she is for or against the
measure, but said that with the tu
ition freeze ending this year, future
tuition would likely be higher if the
measure passes.
“[The University] wouldn’t want
to cut money from programs, so
they would have to compensate
with a tuition raise,” Unger said.
Oregon University System
spokesman Bob Bruce also can’t
speak for or against the measure,
but did say the measure could have
a fiscal impact on the general fund.