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3A THE DAILY ASTORIAN • MONDAY, SEPTEMBER 3, 2018 Supporters, opponents of Measure 104 make case Supermajority vote to change taxes and fees By CLAIRE WITHYCOMBE Capital Bureau PORTLAND — Orego- nians will have a chance to vote this November on how much legislative support cer- tain state tax laws should need to pass. Supporters and oppo- nents made their case for and against Measure on 104 Friday before an editorial board meeting of the Pamplin Media Group. The measure would amend the state Constitution to require a three-fifths majority, or supermajority, approval in both the state House of Rep- resentatives and Senate for changes to tax expenditures such as credits, exemptions and deductions. If approved, the measure would also require bills con- taining fee increases — for fishing licenses, for exam- ple — have supermajority approval. Given the makeup of the Democrat-majority Legisla- ture, those measures would require some Republican sup- port to pass. In 1996, Oregon voters approved a three-fifths major- ity requirement for bills rais- ing revenue. This, supporters of Mea- sure 104 say, meant that any bill modifying a tax expendi- ture was interpreted to require a three-fifths majority vote, and this is how lawyers for the Legislature interpreted the Constitution for years. But in recent years, the courts have said that in order to be considered a bill for raising revenue under the state constitution, and thus require the three-fifths major- ity, a proposed bill must meet two tests: it must collect or bring money into the state treasury, and either impose a new tax or increase the rate of an existing tax. The measure would essen- tially define what it means to raise revenue, and that defini- tion would apply to a broader range of tax measures than the current legislative counsel interpretation. Supporters of Measure 104 say that the measure would encourage bipartisan- ship and force lawmakers to work together to write legisla- tion that is palatable to three- fifths of lawmakers. Supporters also point to Senate Bill 1528, passed ear- lier this year by a simple majority, as an example of legislation that, in their view, should have required a three- fifths majority vote to pass. That bill disallowed Ore- gon taxpayers from taking a new federal deduction from their state taxes. Had the Legislature not acted to disconnect from fed- eral tax reforms, projections showed taxpayers would pay about $1.3 billion less in state taxes over the next six years. “Regardless of how they’re doing it, $1 billion in new revenue on a sim- ple majority vote, there was bipartisan opposition, but there was no bipartisan sup- port for that,” said Paul Rainey, who manages the Yes on 104 campaign. “That was pushed through from a legislative perspective and it unfairly targets … small busi- nesses and hardworking fam- ilies that don’t have access to those funds that they should have had.” Opponents of the mea- sure, on the other hand, say it could intensify a culture of “horse-trading” in the Cap- itol, and create legislative gridlock. If lawmakers know that Jaime Valdez/Portland Tribune A proposed change in the Oregon Constitution would re- quire legislative supermajorities to make changes in taxes and fees. just a few votes stand between the measure passing and fail- ing, they could withhold sup- port until they get something else they want, opponents of Measure 104 say. “If you’re going to go 10 rounds on the state Board of Nursing, you’re going to go 10 rounds on every single board and commission who has a fee associated with it,” said Becca Uherbelau, exec- utive director of Our Oregon, a progressive political coa- lition that opposes Measure 104. “And it could be any rea- son why someone objects to a fee.” Opponents also say that it could be harder to discon- tinue tax expenditures that no longer serve the public inter- est, and force cuts to ser- vices such as health care and education. “I know we’ve got all sorts of examples of tax breaks for golf courses, tax breaks for heated pools,” said John Bar- tholomew, director of gov- ernment relations for AARP Oregon. “So is that more important than helping make sure our most vulnerable cit- izens are protected?” The Capital Bureau is a collaboration between EO Media Group and Pamplin Media Group. State lawmakers battle labor commissioner’s #MeToo probe By ANDREW SELSKY Associated Press SALEM — Oregon’s Legis- lature on Friday battled the state labor commissioner’s attempt to investigate sexual harass- ment in the Capitol, saying he lacks jurisdiction and that it would violate the privacy of those who have come forward with complaints. The Legislature’s 35-page response to Labor Commis- sioner Brad Avakian sets up a confrontation between the leg- islative and executive branches of state government. “The commissioner’s com- plaint is an attempt to violate the Constitution’s strong pro- tection of the separation of powers,” insisted the Legisla- ture’s outside attorney, Edwin Harnden, in response to Avaki- an’s complaint. On Aug. 1, Avakian cre- ated shock waves in the Cap- itol when he accused two fel- low Democrats — Senate President Peter Courtney and House Speaker Tina Kotek — of allowing a sexually hostile environment and of being slow to protect women from Repub- lican Sen. Jeff Kruse. His complaint was filed on behalf of two female interns for Kruse who had com- plained of unwanted touching and comments, and on behalf of two employees. None was identified. Kruse resigned this year after an outside investigation found he had inappropriately touched women in the Capi- tol and as the #MeToo move- ment against sexual misconduct swept politics, entertainment and other industries. Avakian’s legislative direc- tor, Christine Lewis, said late Friday that questions over the authority of the Bureau of Labor and Industry to inves- tigate would be addressed at a hearing later. “BOLI’s investigation is open, with investigators look- ing into not only the specific allegations of a hostile environ- ment at the Capitol, but also the systems in place … for main- taining the Capitol in a safe and healthy manner,” Lewis said in an emailed statement. In a telephone interview, Harnden said the labor bureau, which is part of the executive branch, does not have jurisdic- tion over the Legislature’s rules and policies over the discipline of members. Oregon Attorney General Ellen Rosenblum is distanc- ing itself from the dispute, said her spokeswoman, Kristine Edmunson. “We have chosen not to pro- vide legal advice to either the Legislature or to BOLI in this matter due to at least an appear- ance of a conflict. We repre- sent both in other matters, at least when one is not suing the other,” Edmunson said. Since the #MeToo move- ment caught fire, legislatures in about one-fifth of Ameri- ca’s states added provisions that allow for the external inves- tigation of complaints. That takes them out of the hands of lawmakers who might have a vested and even personal inter- est in the outcome. In California, outside experts will be tasked with sub- stantiating claims under a new legislative sexual misconduct policy that is expected to take effect in early 2019. In New Mexico, a new sex- ual harassment policy enacted just before the start of the 2018 legislative session requires the involvement of an outside counsel when accusations are made against lawmakers. Kotek and Courtney had already asked the Oregon Law Commission to review policies on harassment and recommend ways to improve them by year’s end. They both “categorically deny” Avakian’s accusations that they permitted a “generally hostile environment based upon sex,” Harnden wrote in the Leg- islature’s response to Avakian. Harnden said the Legis- lature is already working to tighten policies against harass- ment, and that the Bureau of Labor and Industry was a part of it. “It was a great collabora- tive effort that was going on,” Harnden told The Associated Press. “It was the best of all worlds … then the BOLI com- missioner made the decision to move all of it to a legal process. So instead of collaboration to a solution, they decided to make it a litigation process.” Land use conflict hangs over plan for renewable fuels refinery on Columbia By TONY SCHICK Oregon Public Broadcasting A proposal for a $1.1 bil- lion renewable fuels refinery on the Columbia River could be held up by a dispute over land use zoning. Texas-based Waterside Energy has proposed a facility at Port Westward in Clatskanie that would make renewable diesel for West Coast buyers. Renewable diesel is a replace- ment for traditional diesel fuel that uses reprocessed animal fats and vegetable oils. Propo- nents of the fuel tout its lower greenhouse gas emissions. The proposal estimates the refinery would generate more than 200 permanent jobs and $10 million in taxes for Columbia County. “It would be huge,” said Douglas Hayes, executive director of the Port of St. Helens, which manages Port Westward. “It would be very significant. Really change the landscape of the county.” Waterside Energy did not return calls for comment. That project could hinge on the Port of St. Helens’ attempt to convert 837 acres of agri- cultural land into heavy indus- trial use. “As of right now, it would need the rezone in order to be in place, in order to do a proj- ect out there,” Hayes said. Environmental groups have been trying to block the port’s attempt to rezone the land since before this latest proposal. Their primary concern is the loss of farmland for proj- ects that would ship fos- sil fuels such as coal and oil through the region by train and marine vessels. “We are aiming to block WANTED Alder and Maple Saw Logs & Standing Timber Northwest Hardwoods • Longview, WA Contact: John Anderson • 360-269-2500 the rezone to protect Oregon’s farmland from the expan- sion of the industrial footprint and potentially from danger- ous products like oil by rail,” said Jasmine Zimmer-Stucky of the Columbia Riverkeeper, one of the groups that chal- lenged the port’s attempt. The port and environmen- tal groups make arguments in front of Oregon’s Land Use Board of Appeals on Thursday. Hayes says the port has to do a lot of due diligence on the project in the meantime. The Port of Longview pre- viously rejected a refinery and fuel export terminal proposed by Waterside Energy. EO Media Group Gov. Kate Brown and challenger Knute Buehler each want a minimum 180-day school year, but neither has suggested increasing the instructional hours mandated by the state. More school days might not equal more school time Candidates back 180-day school year By PARIS ACHEN Capital Bureau Gov. Kate Brown and state Rep. Knute Buehler have both proposed a man- date for a minimum 180- day school year — in line with the national average. At an average of 162 days (it differs for each school district), Oregon has one of the shortest school years in the nation. The only state law that dictates how long stu- dents have to be in class sets a minimum number of instructional hours: 900 for elementary and mid- dle school pupils, 990 for grades 9-11 and 960 for grade 12. Yet neither gubernato- rial candidate’s education policy proposal specifically augments the number of instructional hours. When asked how Bue- hler would address instruc- tional hours, he said he would “increase the min- imum required academic hours proportionate to the extra days.” “Every Oregon child deserves a full and qual- ity education,” the Repub- lican said. “Unfortunately, too many kids for too many Fre e Est Fast ima tes Call me ti Any Jeff Hale Painting • • • • Residential Commercial Cedar Roof Treatments Exterior Repaint Specialist Over 25 years local experience 503-440-2169 Jeff Hale, Contractor LICENSED BONDED INSURED CCB#179131 years have been denied this,” Kate Kondayen, a press secretary in the governor’s office, said a longer school year would “likely” result in more instructional hours “but not automatically.” It would depend on the school dis- trict and its existing school calendar. “The governor wants to ensure that Oregon’s students have the same access to oppor- tunities for learning as stu- dents in other states that have longer school years,” Kon- dayen said. An increase in instructional time with a certified teacher has shown to improve literacy and math achievement, though with small effects, accord- ing to a study by the National Center for Education Eval- uation and Regional Assis- tance in July 2014. Longer instructional time had a greater impact for students who were previously performing below standards or who had attention deficit, hyperactivity or other disorders, the study found. School districts have to affirm each school year that they have met the requirement for instructional hours but don’t report specific numbers. The Oregon Department of Education, however, tracks each school district’s num- ber of school days because that count is used to estimate attendance, which is used in the formula for divvying out money from the State School Fund, said Mike Wiltfong, the department’s director of school finance. “Many schools and dis- tricts have various schedules, some with four-day weeks and some with year-round school, which changes the weighing/ value of each session day,” Wiltfong said. “Session days (are) the common denomina- tor used to make sure we are applying equity in our equal- ization formula.” The Capital Bureau is a collaboration between EO Media Group and Pamplin Media Group. OREGON CAPITAL INSIDER Get the inside scoop on state government and politics! We’re investing in Salem coverage when other news organizations are cutting back. OregonCapitalInsider.com Divorce need not be expensive. We help you get the paperwork right and provide mediation to help you divide your assets. 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