STATE
MyEagleNews.com
Legislation introduced to
advance deal between timber
and environmental interests
By Sam Stites
Oregon Capital Bureau
The fate of the landmark deal signed between
a coalition of timber companies and environmen-
tal groups depends on lawmakers acting on legis-
lation that would reform certain Oregon logging
practices.
The deal brokered by Gov. Kate Brown and
announced earlier this month outlines a process for
the two warring sides to set aside prospective ballot
initiatives and related litigation in favor of working
together. One of the provisions in that agreement says
the deal hinges on passage of legislation to reform
practices around aerial spraying of pesticides.
That legislation — House Bill 4168 — was
introduced Thursday by the House Rules Commit-
tee where lawmakers got their first glimpse of what
timber interests, conservationists and policy staff
from the Brown’s office have been working on.
The bill would require timber companies and
small-woodland owners to notify nearby residents
when they aerially spray pesticides following a
harvest. It would spur the creation of new notifica-
tion technology and establish an opt-in system for
nearby residents to receive warnings in real-time
when spraying takes place. It also adds a 300-foot
no spray zone around schools and homes, as well
as buffers for streams.
Lastly, the bill directs the state Board of For-
estry to adopt rules regarding certain salmon spe-
cies for the Rogue-Siskiyou region, which were
adopted for the rest of the state in 2017.
The goal is to have both sides, which have been
fighting in Oregon’s forests and courtrooms for
upward of two decades, come together to work on
a habitat conservation plan that applies to state and
private forestlands. The plan would give some cer-
tainty to timber owners moving forward and would
meet long-term goals for protecting ecosystem and
wildlife. Committee members heard from three
people during the bill’s first public hearing Thurs-
day. That included Gina Zejdlik, the governor’s
deputy chief of staff; Bob Van Dyk, policy director
for the Wild Salmon Center and representative of
the environmental groups; and Greg Miller, repre-
sentative of the coalition of timber companies.
“Over the years, we’ve been on the opposite
side of major timber interests,” Van Dyk said. “So
today it’s my pleasure to be on the same side of
the table as Greg and asking you to support this
legislation.”
According to Miller, those responsible for aerial
spraying of pesticides would be required to report
to the Forest Activity Electronic Reporting and
Notification System by 7 p.m. the day before. The
system would then prompt an email to those who
have registered with the program within one mile
of the location where spraying is set to take place.
They would have to report back on the comple-
Oregon Capital Bureau/Sam Stites
Rep. Sherrie Sprenger, R-Scio, addresses her
colleagues on the House floor.
tion of the spraying mission as well.A company or
landowner failing to provide the necessary notice
could be punished with anything from a warning
up to a $1,000 fine for repeated violations.
Anyone who deliberately interferes with a
spraying operation could be fined up to $1,000 for
the first incident and $5,000 fine for a second inci-
dent within a five-month period.
As legislators questioned Miller and Van Dyk,
Rep. Sherrie Sprenger, R-Scio, had potentially
the most pointed question of the hearing: With so
much bad blood between the two sides, how can
she and her colleagues expect the agreement and
bill to work out in the long term?
“I believe that it’s the right thing to do,” Miller
replied. “I also believe it’s the right time to do it, and
I believe that looking at the work we’ve done since
we sat down (in January) ... we figured out there’s
something worth reaching for. There’s a real com-
mitment by these organizations to move forward.”
Committee chair Rep. Paul Holvey, D-Eugene,
said he sees this bill as a significant step toward
improving the landscape for both forest practices
and watershed protection.
“I’m hopeful this will bring better communi-
cation and outcomes for all stakeholders involved
in these divisive issues,” Holvey said. “While the
House Committee on Rules is still evaluating these
proposals, I sincerely hope that this is the positive
path forward that Oregon needs.”
Zejdlik told committee members Brown is
committed to ensuring all stakeholders, includ-
ing Oregon’s tribes, can participate in the medi-
ated process that will take place over the next 18
months if the bill should pass. But the backdrop
of a looming walkout by Republicans could derail
the legislation, setting up again a potential clash of
forestry ballot initiatives on the November ballot.
“This agreement proves that the future is
brighter for Oregonians if we work together
with a willingness to compromise,” Zejdlik said.
“Healthy forests and a vibrant forest industry are
not mutually exclusive, and Oregonians need both
for prosperous and sustainable communities.”
Wednesday, February 26, 2020
A9
A bill seeking to crack down on masked rioters
draws concerns over free speech and privacy
By Jake Thomas
Oregon Capital Bureau
Legislation
targeting
mask-wearing rioters has
drawn criticism from a coa-
lition of civil rights and com-
munity organizations that say
it’ll have a chilling effect on
protests while setting the state
back on its efforts to halt mass
incarceration.
Speaking before the House
Rules Committee on Thurs-
day, Rep. Sherrie Sprenger,
R-Scio, said she sponsored
the bill in response to reports
of protests in Oregon turn-
ing into riots with participants
wearing masks to shield their
identities.
She specifically men-
tioned an incident where peo-
ple wearing masks blocked an
intersection and confronted
an older driver trying to get
through. She also mentioned
a planned rally by the KKK in
Portland that was cancelled.
The current version of
House Bill 4126 would
increase the crime of rioting
from a Class C to a Class B
felony if a defendant wore a
mask during a riot with the
intent to conceal their iden-
tity. A Class C felony is pun-
ishable by five years in prison,
while a Class B felony is pun-
ishable by up to 10 years in
prison.
In response to concerns
about the bill, Sprenger
has proposed removing the
increased penalties for riot-
ing while wearing a mask.
Instead, the bill would allow
judges to impose stiffer pen-
alties on someone who com-
mits a crime if they wear a
mask to avoid getting caught.
“This bill does not create
a new crime,” she said. “This
bill does not infringe on First
Amendment rights.”
Courtney Helstein, lob-
byist for the American Civil
Liberties Union of Oregon,
said while the amendment
improved the legislation, her
organization still opposed it.
She said there is wide sur-
veillance of protests and there
are many “legitimate, consti-
tutionally protected” reasons
why someone would wear
a mask to a protest, such as
wearing a bandana in case
police use tear gas. She said
other reasons could include
health reasons or fearing
retaliation from a landlord or
employer, as well as not want-
ing to be tracked by a domes-
tic abuser.
Helstein said peaceful pro-
testors could find themselves
entangled in an escalating sit-
uation in a large crowd and be
charged with rioting. While
they could contest any result-
ing criminal charges, they
would still face arrest, have
to hire a lawyer and take time
off work.
“It’s kind of a fear of
folks who could get caught
up in something they never
intended to be a part of,” she
said.
On Thursday, 10 groups
including the ACLU, Oregon
Criminal Defense Lawyers
Association, the Latino Net-
work, Native American Youth
and Family Center and others
presented the committee a let-
ter opposing the bill.
The letter stated the leg-
islation would have a “chill-
ing effect” on activities
protected by the First Amend-
ment. It noted that protests
are often monitored by police
and immigration authorities,
referencing a report of law
enforcement spying on oppo-
nents of a pipeline in Coos
County.
The letter also said the
bill runs counter to Ore-
gon’s efforts to reduce mass
incarceration.
“This bill will only serve
to ramp up charges, frighten
defendants into accepting
plea agreements, and lead to
longer prison sentences,” the
letter stated.
Aaron Knott, the legisla-
tive director for the Oregon
Department of Justice, told
the committee that agency
didn’t have constitutional
concerns about the bill. He
said, for the bill’s penalties to
apply, someone would have
to be convicted of a crime
and a judge would have to
find that they intentionally
wore the mask to get away
with it.
He also noted that the
state constitution gives peo-
ple the right to cover their
faces for broad reasons.
“If my intent is to dress
like Batman, not dress like
Batman to avoid apprehen-
sion, then I should be fine,”
he said.
Zakir Khan, the board
chair of the Oregon chap-
ter of the Council on Amer-
ican-Islamic
Relations,
sharply criticized the bill
as “prototypical of a fascist
enterprise rather than a dem-
ocratic state.”
He mentioned anti-fas-
cist, or “antifa” activists in
Eugene and Portland, who
have been known to wear
masks, and how they rallied
around the Muslim commu-
nity after attacks. He said
there is a fascist movement
seeking to make the state less
democratic and inclusive.
“This legislation is right
up that ally,” he said.
Sprenger pushed back on
suggestions she supported
fascism.
“I am none of that or any
innuendo to that,” she said.
The bill, which has
already been considered by
the House Judiciary Commit-
tee, is scheduled for a vote by
the committee on Friday.
Earlier in the session, a
different bill creating a new
crime of threatening a church
or school was scuttled by the
House Judiciary Committee
after concerns arose about
adding penalties to state
law and lack of community
feedback.
However, Rep. Tawna
Sanchez, a Portland Dem-
ocrat who chairs the House
Judiciary Committee, voted
to advance the bill enhanc-
ing penalties for wearing
a mask during a riot. San-
chez did return a request for
comment.
For All Your Tax Preparation and Accounting Needs
Call today for an
appointment with
one of our tax
specialists.
541-575-2717
Melissa, Barbara,
Harmony, Mitch, Lauri,
Baxter, Bob, Carli,
Jeremy, Anna & Amy
Building
value through
service,
and integrity.
Satisfaction
guaranteed!
Chandra,
Melissa,
Anna, Kyle,
Carli, knowledge,
Barbara, Harmony,
Lauri,
Baxter, Bob,
Amy &
* Tax Preparation * Accounting *
* Bookkeeping * Payroll * QuickBooks *
Solutions Certified Public Accountants • (541) 575-2717
101 NE 1st Avenue, John Day, OR 97845
S165265-1