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What's New?

Multnomah County Auditor's Office Issues Critical Audit Report on the Joint Office of Homelessness Operations
August 24, 2023, 2023. The Multnomah County Auditor has issued a report raising a variety of issues related to the opertion of the City of Portland and Multnomah County Joint Joint Office of Homeless Services. The Auditor's office has provided a webpage with a information about the audit and the report as well as the response letter are available in .pdf form as well.
    Read Auditor's Report.
    Read the Joint Audit Response Letter.
    Access the Multnomah County Auditor's Webpage on the Report.

Governor Kotek's Issues First Round of Executive Orders
January 13, 2023. Following her announcement in the inaugural address that she would declare a homeless emergency, Governor Kotek issued three executive orders Executive Order 2023-2 Declared a Homelessness State of Emergency. Executive Order 2023-3 announced that she was "Directing State Agencies to Prioritize Reducing Homelessness." Executive Order 2023-4 "Establishing a statewide housing production goal and housing production advisory council."
    Read Executive Order 2023-2 Homeless Emergency.
    Read Executive Orer 2023-3 Prioritizing Homelessness Reduction for State Agencies.
    Read Executive Order 2023-4, Seeting Housing Production Goal.
    Access the Oregon Governor's Website.

Governor Kotek's Inaugural Address
January 13, 2023. Oregon's new Governor, Tina Kotek took office on January 9 and her inaugural address announcing that her priorities include: "affordable housing and homelessness, behavioral health and addiction care, and education." The text of the address is provided below. She indicated that she would immediately announce "a homelessness state of emergency."
    Read the Inaugural Address.
    Watch Video of Inaugural Address.

Announcing that Voters Have Approved Portland's Proposed Charter Change, the City Launches Its Transition Process
November 10, 2022. With its announcements yesterday that "Portland Voters Approve Charter Reform, City Launches Transition," the City of Portland launched its charter change transition website. As of today, the Oregon Secretary of State's office reports 141,954 (57.58%) in favor of Ballot Measure 26-228 and 104,560 (42.42%) opposed. The measure moved the city away from the commission form, but also significantly changed the process for election of a new and expanded city council and changed the office of mayor as well as adding a city administrator.
    Access the Portland Charter Change Transition Website.
    Access the Portland City "Phase I" Website on the Charter Change.
    Read League of Women Voters of Portland Webpage on the Charter Change.
    Read "Portland Voters Approved Ballot Measure 26-228" as provided on the City's Website Annotated to Show Changes to the Charter.

Oregon Law Continues to Protect Right to Obtain Abortion After Supreme Court Dobbs Ruling
June 24, 2022. Oregon's Reproductive Health Equity Act (RHEA), HB 3391, enacted in 2017, continues to protect the right to obtain abortion services notwithstanding today's ruling by the U.S. Supreme Court in Dobbs v. Jackson Women's Health Organization which overruled the Roe and Casey precedents that had protected abortion rights under the U.S. Constitution.
   The Oregon Health Authority (OHA) issued a bulletin today entitled: "Abortion Remains Legal, Accessible in Oregon in Wake of Supreme Court Ruling," explaining the 2017 legislation and current Oregon policy.
    Read HB 3391.
    Read the Oregon Health Authority's Bulletin on the Subject.

Court of Appeals Rules that Councilor's Notes Are Public Documents
May 4, 2022. The Oregon Court of Appeals has issued an opinion in Bialostosky v. Cummings, 319 Or App 352 (2022), finding that a city council member's notes are public documents under Oregon's open records law. The court began its opinion by making clear the issue: "This case requires us to decide whether defendant, an elected member of the West Linn City Council (the council), is herself a "public body" subject to the Oregon Inspection of Public Records law, ORS 192.311-192.478, and, if so, whether the notes that she made during her work as a councilor are public records that must be disclosed. Plaintiff sued defendant under Oregon's public records laws, seeking production of handwritten notes that defendant created while serving on the council. The trial court concluded that defendant was not a "public body" and, therefore, her notes were not "public records," as defined by ORS 192.311, and it entered summary judgment in defendant's favor. For the reasons explained, we conclude otherwise and reverse and remand." Id. at 354.
    Read the opinion.

Climate Change Impacts on the Safety of Chemical Facilities in the Puget Sound and Columbia River Areas
March 2, 2022. The Government Accountability Office has published a new report on the dangers of chemical accidents related to the effects of climate change on Chemical facilities across the nation, along with an interactive infographic showing the climate related dangers to plants around the country. In the Pacific Northwest, the faciltiies identified in the report are mostly located in the Puget Sound, the Yakima River, or the Columbia River areas. For more information, including the blog post, report, and infographic, see the Sustainable Development page of this website.

New Statute Requires Remote Access to Meetings
January 6, 2022. Enacted in 2021 and signed into law by the Governor on June 11, HB 2560 "Relating to expanding remote participation of public in self-government through use of technology; amending ORS 192.670," went into effect on January 1, requiring, as the title indicates, opportunities for remote participation in public meetings. The critical new language for the Oregon public meetings statute stated. "(3) All meetings held by a governing body of a public body, excluding executive sessions, must provide to members of the general public, to the extent reasonably possible, an opportunity to: (a) Access and attend the meeting by telephone, video or other electronic or virtual means; (b) If in-person oral testimony is allowed, submit during the meeting oral testimony by telephone, video or other electronic or virtual means; and (c) If in-person written testimony is allowed, submit written testimony, including by electronic mail or other electronic means, so that the governing body is able to consider the submitted testimony in a timely manner. (4) The provisions of subsection (3) of this section: (a) Apply to hearings under ORS 197.763, 215.402 to 215.438 and 215.700 to 215.780 regardless of whether a governing body or governing body’s designee, including a hearings officer, conducts the hearing; and (b) Do not apply to contested case hearings under ORS chapter 183."
    Read HB 2560.

Oregon Department of Environmental Quality Announces Intention to Deny Zenith Energy Request for a Title V Permit for Its Fossil Fuel Facility in Portland
September 2, 2021. The Oregon Department of Environmental Quality (DEQ) has announced its intention to deny the application for a Portland fossil fuels facility. As the DEQ announced yesterday: "The Oregon Department of Environmental Quality today issued a proposed denial of Zenith Energy's application to renew the Title V air quality permit for its facility in Northwest Portland. DEQ's action comes in response to the City of Portland's determination that the operation is not compatible with the city’s comprehensive land use plan and regulations. Under state law, when a local government makes a negative compatibility determination, state agencies generally may not approve permits for the operation. DEQ’s denial will take effect in 60 days unless Zenith requests an administrative hearing. Read the full letter here. The Title V permit for this facility was issued to a predecessor of Zenith on May 16, 2007. Zenith’s predecessor submitted a timely renewal application, which Zenith assumed when it acquired the facility in 2017." DEQ Press Release. The company is expected to challenge the city and state decisions.
    Read the DEQ Proposed Denial Letter to Zenith Energy.
    Read the DEQ September 1 Press Release.
    Read the Portland Bureau of Development Services of August 27, 2021 Denial of the LUCS.
    Read the Portland Press Release on the Denial of Land Use Compatibility Statement for Zenith Energy.

Governor Adds New Actions to Address the COVID-19 Delta Variant Surge
August 19, 2021. Oregon Governor Kate Brown announced in her press conference this morning two new measures to address the surge in COVID-19 cases and deaths in the state. She said in part: "Oregon's vaccination requirement for health care workers will no longer have a testing alternative. Health care workers will be required to be fully vaccinated by October 18 or six weeks after full FDA approval, whichever is later. All teachers, educators, support staff, and volunteers in K-12 schools will be required to be fully vaccinated by October 18 or six weeks after full FDA approval, whichever is later." Press Release. The Governor announced that the state's hospital beds are not over 93 percent full and the ICU beds are 94 percent full.
    Read the Governor's Press Release on the New Measures.
    View the Governor's New Conference.
    Read the Governor's Prepared Remarks.

Oregon Health Authority Issues New Temporary Rule on Mask Requirements Following Governor's Statement
August 13, 2021. The Oregon Health Authority today has issued a new temporary rule on masking in public places following on Governor Brown's policy change announced Wednesday at her news conference.
    Read the Temporary Rule.

Governor Brown Issues Executive Order Mandating Vaccination for State Executive Branch Employees
August 13, 2021. Governor Brown today issued Executive Order 21-29, mandating COVID-19 vaccination for state executive branch employees. This follows here announcement of the new policy in her press conference on Wednesday.
    Read Executive Order 21-29.
    Watch Video of the News Conference.

Oregon OSHA Issues Temporary Rules to Protect Workers in Heat Emergencies
July 13, 2021. Oregon OSHA has issued temporary rules on worker safety during heat emergencies. Governor Kate Brown called on OSHA to issue such rules last week, but, in its announcent, the agency indicated that it had already been at work on such rules following the governor's March 2020 executive order E.O. 20-04. That order mandated in Section 11(C) that: "OHA and the Oregon Occupational Safety and Health Administration (OSHA) are directed to jointly develop a proposal for standards to protect workplace employees from exposure to wildfire smoke and excessive heat. The proposal should be completed no later than June 30, 2021." Of course, that was a somewhat more limited purpose than the current subject of heat emergencies generally.
   Under Oregon law, O.R.S. 183.335(6)(a), the agency has 180 days to complete the regular rulemaking process and issue the permanent rules. Oregon OSHA therefore explained in announcing the rules that the temporary rules would be effective from July 8, 2021 until January 3, 2022.
    Read the New Temporary Rule.
    Read the Formal Announcement of the New Rules in "Oregon OSHA Administrative Order 6-2021, adopted and effective July 8, 2021."
    Read Oregon OSHA's Press Release on the New Rules.
    Read E.O. 20-04

Governor Brown Directs Oregon OSHA to Take Action to Protect Workers in Heat Emergencies
July 7, 2021. Governor Kate Brown directs Oregon's Occupation Safety and Health (OSHA) to issue temporary rules aimed at ensuring protection for workers in heat emergencies. The governor's action follows on the loss of lives during the recent record heat in the state.
    Read the Governor's Press Release.

Oregon Governor Declares Drought Emergencies in 15 Oregon CountiesIssues
June 10, 2021. Oregon Governor Kate Brown has issued a series of executive orders declaring drought emergencies in 15 of Oregon's 36 counties to mobilize resources, people, and policy options even before the state hits July and August, normally the two driest months of the summer.
    Read Executive Order 21-13 for Crook, Harney, Malheur, Sherman, and Wallowa Counties.
    Read Executive Order 21-12 for Deschutes and Jefferson Counties.
    Read Executive Order 21-11 for Baker, Douglas, Gilliam, Morrow, and Wheeler Counties.
    Read Executive Order 21-09 for Lake County.
    Read Executive Order 21-08 for Jackson County.
    Read Executive Order 21-7 for Klamath County.

Oregon Governor Issues New Executive Order Imposing a "Freeze" to Address COVID Spike
November 17, 2020. Oregon Governor Kate Brown has issued Executive Order 20-65, imposing what she called a freeze from November 18 to December 2. She also issued a press release about the order explaining that: "Executive Order 20-65 addresses the following in detail: Limiting at-home and social gatherings, as well as faith institutions; Limiting the maximum capacity for grocery stores, pharmacies, and retail stores; Restricting food and drink establishments to take-out only; Requiring workplaces to mandate work-from-home as much as possible; Closing certain businesses, including gyms, museums, zoos, and indoor recreation facilities." In addition, she explained that "all of the freeze measures are enforceable by law upon both individuals and businesses." She concluded by admonishing Oregonians: "I expect local law enforcement to continue to use an education first approach, but Oregonians need to understand that these rules are enforceable under law. A large majority of Oregonians continue to do the right thing to protect themselves, their loved ones, and their neighbors. However, when Oregonians don't take COVID-19 seriously, and don't take steps to reduce the spread of the disease, they put all of us at risk. We need all Oregonians to use common sense, make smart choices, and take seriously their individual responsibilities during a public health emergency."
    Read the Executive Order.
    Read the Governor's Press Release on the New Order.

City of Portland Passes Ordinances Banning Facilial Recognition Systems
September 10, 2020. The Portland City Council has adopted two ordinances designed to ban facial recognition technology. In its press release issues the evening of September 9, the city said: "Today, Mayor Wheeler and Portland City Council unanimously voted to pass two ordinances that prohibit the use of face recognition technologies. Face recognition technology is an automated or semi-automated process that assists in identifying or verifying an individual based on an individual's face. With policy development led by the offices of Mayor Ted Wheeler and Commissioner Jo Ann Hardesty, the first ordinance--which bans the use and acquisition of face recognition technologies by City bureaus--will go into effect immediately and will apply to all City of Portland bureaus and offices. The second ordinance will go into effect Jan. 1, 2021, and will ban private entities from using facial recognition technology in places of public accommodation and will be inclusive of all private entities in Portland." However, the action by the council calls upon city staff to take the actions needed to refine the provisions and their implementation. Further action will be needed.
    Read the Press Release.
    Read Council Ordinance - 190113 Prohibit the acquisition and use of Face Recognition Technologies by City bureaus ordinance.
    Read Council Ordinance - 190114 Prohibit the use of Face Recognition Technologies by private entities in places of public accomodation in the City add PCC Title 34 ordinance complete.

State Supreme Court Unanimously Upholds PERS Changes
August 10, 2020. The Oregon Supreme Court upheld unanimously a series of changes in the state's retirement program that were adopted by the state legislature in SB 1049 in 2019. The Public Employee Retirement System (PERS) published a summary of the changes as well as other information on its website.
    Read the Opinion.
    Read the SB 1049.
    Read the Oregon PERS Website Summary of SB 1049.

Oregon Attorney General Files Suit Against Federal Officials for Actions in Portland
July 19, 2020. On Friday Oregon Attorney General Ellen Rosenblum files Suit Against federal officials for their treatment of protesters in Portland. On information and belief, federal law enforcement officers including John Does 1-10 have been using unmarked vehicles to drive around downtown Portland, detain protesters, and place them into the officers’ unmarked vehicles, removing them from public without either arresting them or stating the basis for an arrest, since at least Tuesday, July 14. The identity of the officers is not known, nor is their agency affiliation, according to videos and reports that the officers in question wear military fatigues with patches simply reading 'POLICE," with no other identifying information.The Attorney General has alleged violations of the First, Fourth, and Fifth Amendment rights of Oregonians.
    Read the Complaint.
    Read the Attorney General Rosenblum's Press Release.

Oregon Supreme Court Overturns Baker County Ruling Against Governor Brown's Emergency Order
June 12, 2020. The Oregon Supreme Court has overturned the preliminary injunction ordered by Judge Matthew Shirtcliff of the Circuit Court in Baker City in which Shirtcliff found that Governor Brown's executive orders violated Oregon statute because of time limits in Oregon law. In a per curiam opinion, the Oregon Supreme Court write, in part: "For the reasons explained below, the circuit court erred in concluding that the Governor's executive orders violated a statutory time limit as plaintiffs had argued. The circuit court's statutory analysis cannot be reconciled with the statutory text and context, and is directly at odds with how the legislature intended the statute to apply. The Governor issued the orders pursuant to ORS chapter 401, which authorizes the Governor to declare a state of emergency that continues until it is terminated either by the Governor or the Legislative Assembly. The orders are not subject to the statutory time limit on which plaintiffs relied, which is set out in ORS chapter 433. Because the circuit court's conclusion about the statutory time limit was fundamental to its issuance of the preliminary injunction, it is necessary to vacate the preliminary injunction." Elkhorn Baptist Church v. Brown, 366 Or 506, 511 (2020).
   For more details on the original action in the Circuit Court and the Supreme Court's stay pending appeal, see the posting for May 19 below.
    Read the Oregon Supreme Court June 12 Opinion.
    Read the earlier Baker County Circuit Court Ruling.

GAO Issues New Report to Congress on the Response to the Chetco Bar Fire
May 29, 2020. The Government Accountability Office (GA) has issued a new report prepared for Representatives Peter DeFasion and the Committee on Transportation and Infrastructure and Greg Walden and the Committee on Energy and Commerce on the response to the Chetco Bar Fire in the Rogue RIver-Siskiyou National Forest that began in July 2017. The report addressed a number of concerns expressed by various stakeholders. GAO explained that for purposes of this report: "We grouped these concerns into five categories: (1) aggressiveness of firefighting response, (2) availability of firefighting assets, (3) communication with cooperators, (4) communication with the public, and (5) timber harvest and other fuel reduction activities." p. 33 The report also addressed a range of effects from the fire. "We grouped these effects into four categories: (1) homes and infrastructure, (2) public health, (3) local businesses and workers, and (4) natural and cultural resources." Id. at 42.
    Read the Report.

Federal District Court in Oregon Rejects Effort to Overturn Governor's Executive Orders on COVID-19 Closures
May 20, 2020. U.S. District Judge Michael McShane yesterday rejected efforts by a number of Oregon businesses and an advocacy group to obtain an injunction against Governor Brown's COVID-19 executive orders on closures. McShane cited the numerous other federal courts around the nation that have rejected such suits on federal grounds and refused to rule on the governor's authority under state law, noting that that matter is before the Oregon Supreme Court.
    Read the Opinion and Order.

Oregon Supreme Court Stays Baker County Ruling Against Governor Brown's Emergency Order
May 19, 2020. The Oregon Supreme Court has issued a stay of a ruling by Judge Matthew Shirtcliff of the Circuit Court in Baker City that had concluded that Governor Brown's executive orders violated Oregon statute and issued a preliminary injunction against them. In issuing her Order 20-03 declaring an emergency due to COVID-19,the Governor relied on ORS 401.165 which allows the emergency to stay in effect until a declaration that the emergency has ended. In issuing her Executive Order 20-05 prohibiting large gatherings, she bases the order on 401.165, but also cites 443.441(3), 401.175(1) and 401.188(2). In her later Executive Order 20-7, she also asserted additional authority under ORS 401.168(1) and other provisions of Oregon statutes in later orders. However, the circuit judge found that her orders were limited by ORS 433.441(5) which limits emergency orders to no more than 28 days after the emergency is declared unless it is extended. The Attorney General quickly announced her intention to appeal and the Oregon Supreme Court granted her emergency request for a stay pending appeal Monday evening.
    Read the Baker County Circuit Court Ruling.
    Read the Supreme Court stay of the Baker Circuit Court Ruling.
    Read the Oregon Attorney General Press Release on the Baker County Ruling.
    Read the State's Memorandum to the Supreme Court.
    Read the State's Emergency Motion to the Supreme Court.
    Read the ORS 401.165 and the other provisions of Chapter 401 Put Forth by the Governor as the Basis for her Order.
    Read the ORS 433.441(5) and the rest of Chapter 433 Asserted by the Baker County Circuit Judge as Controlling.

Oregon Supreme Court Rejects County Claim that Paid Sick Leave is an Unfunded Mandate in Violation of State Constitution
April 27, 2020. The Oregon Supreme Court has rejected a suit brought by Linn and Jefferson counties asserting that the paid leave requirement of Oregon law is a violation of the Oregon Constiuttion. However, the Court rejecting that argument and explained that: "This case requires us to decide whether three counties are exempt from the requirements of Oregon's paid sick leave law under the unfunded programs provision of the Oregon Constitution, Article XI, section 15. We conclude that the paid sick leave law does not require local governments to implement a 'program' under that provision and, therefore, that the counties are not exempt from that statute."
    Read the Opinion.

Governor Brown Issues a New Executive Order on Local Government Operations
April 17, 2020. Governor Brown has issued Executive Order 20-16, "Keep Government Working: Ordering Necessary Measures to Ensure Safe Public Meetings and Continued Operations by Local Government During Coronavirus (COVID-19) Outbreak," setting forth a variety of points about public meetings and participation in local government processes during the current pandemic.
    Read the Executive Order.

Governor Brown Announces Next Steps Looking to Reopen the State Economy with Care Over Time
April 16, 2020. Oregon Governor Kate Brown held a news conference on April 14 to announce next steps that she indicates need to happen before the state can begin to relax restrictions and allow a reopening of the economy and other activities. She said, in brief, that the next steps are slowing the growth rate of active cases, ensure sufficient personal protective equipment, and robust testing, tracing and isolation strategy." She announced a consultation process to plan next steps and indicated that she is coordinating the the governors of California and Washington as this moves forward.
    Read the transcript of the news conference.
    Access the Governor's PowerPoint Presentation.
    View the YouTube Video of the News Conference.

Governor Brown Issues Stay Home, Save Lives" Executive Order
March 23, 2020. Oregon Governor Kate Brown today issued Executive Order 20-12, entitled "Stay Home, Save Lives: Ordering Oregonians to Stay at Home, Closing Specified Retail Businesses, Requiring Social Distance Measures for Other Public and Private Facilities, and Imposing Requirements for Outdoor Areas and Licensed Childcare Facilities." Among other things, the order requires closure of "Amusement parks; aquariums; arcades; art galleries (to the extent that they are open without appointment); barber shops and hair salons; bowling alleys; cosmetic stores; dance studios; esthetician practices; fraternal organization facilities; furniture stores; gyms and fitness studios (including climbing gyms); hookah bars; indoor and outdoor malls (i.e., all portions of a retail complex containing stores and restaurants in a single area); indoor party places (including jumping gyms and laser tag); jewelry shops and boutiques (unless they provide goods exclusively through pick-up or delivery service); medical spas, facial spas, day spas, and non-medical massage therapy services; museums; nail and tanning salons; non-tribal card rooms; skating rinks; senior activity centers; ski resorts; social and private clubs; tattoo/piercing parlors; tennis clubs; theaters; yoga studios; and youth clubs." The order requires closure of a variety of business and government offices. Additional information about this and other directives issued by the Governor may be found on the Oregon Coronavirus Information & Resources Webpage.
    Read Exective Order 20-12..
    Read the Governor's Press Release to Accompany the New Order.
    Access the Oregon Coronavirus Information & Resources Webpage.

Governor Brown Announces Additional State Policy Actions as Part of COVID-19 Response in Oregon
March 17, 2020. Governor Brown announced a number of new closure requirements yesterday in response to the COVID-19 virus pandemic. At the same time, together with Dr. Dana Hargunani, Chief Medical Officer for the Oregon Health Authority, she announced that the state would trigger Oregon's Crisis Care Guidance policy.
   The measures the Governor announced are set to last for at least four weeks and include: "(1) A statewide cancelation of all events and gatherings larger than 25 people--exempting essential locations like workplaces, grocery stores, pharmacies, and retail stores. It's additionally recommended that Oregonians avoid gatherings of 10 people or more. (2) Restaurants, bars, and other establishments that offer food or beverages for sale are restricted to carry-out and delivery only with no on-site consumption permitted. Food service at health care facilities, workplaces, and other essential facilities will continue. (3) All other businesses are urged to assess their practices, implement strong social distancing measures, and close their doors temporarily if they cannot put the new guidance in place." Violations of these actions will be subject to enforcement action as a Class C misdemeanor.
   She also announced that she was "convening a Coronavirus Economic Advisory Council to mitigate the impacts of this action and any others that adversely affect our economy." She also announced that: "At the request of the Attorney General, I am also declaring an abnormal market disruption regarding essential items like hand sanitizer and toilet paper, to prevent price gouging during this public health crisis." Doing so triggers ORS 401.965 which empowers the Attorney General to take action against major increases in prices connected to the emergency. The Attorney General also establish a hotline for reporting price gouging at 503-378-8442.
   She also announced creation of a Health Care System Response Joint Task Force. "Second, we have activated the state's Unified Command emergency response organizational structure. This is an incident management structure similar to what we would activate during a major Cascadia earthquake. This will fully integrate the Oregon Health Authority's public health response efforts with the Office of Emergency Management's efforts to minimize any disruption to critical services in Oregon."
    Read the Governor's March 16 Press Release.
    Read the Governor's Full Remarks on March 16.
    View the Governor's Announcement on YouTube.
    Read the Attorney General's posting on Price Gouging Action.
    Access the Oregon Crisis Care Guidance (June 2018 Version).
    Access the Crisis Care Guidance Implementation Toolkit.

Governor Brown Announced COVID-19 Response in Oregon
March 12, 2020. (Updated March 13, 2020)Governor Kate Brown has issued two executive orders to date in response to the COVID-19 virus situation. The first, in which she declared a state of emergency, was issued over last weekend on March 8. A state emergency allows the governor and various state agencies greater flexibility with the deployment of people and funds. She issued Executive Order 20-05 today. In it the governor banned "gatherings of 250 people, or more" throughout the state.
   The Governor appeared with state health officals, the Multnomah County Executive and the Mayor of Portland who have also declared emergencies in their respective jurisdictions. That news conference was streamed live online as is available for viewing on YouTube with the URL provided below.
   Although the Governor and other officials announced early yesterday that school would remain open to provide services, including free and assisted meals, among other things, due to responses across the state she changed the position and announced a closure of schools from March 16 through March 31.
    Read the Governor's Executive Order 20-03 Declaring a State of Emergency.
    Read the Governor's Executive Order 20-05 .
    Read the Governor's Announcement of School Closures March 16- March 31.
    Watch COVID-19 Update for March 3, 12, 2020.

Court of Appeals Stays Ban on Vaping Products Pending Judicial Review
November 16, 2019. The Oregon Court of Appeals has granted a stay pending judicial review of the administrative rules issued by the Oregon Liquor Control Commission to implement Governor Brown's Executive Order 19-09. Herban Industries challenged OAR 845-025-2805 Prohibited Vapor Product Sales and Manufacture which provides that: "(2) Prohibitions. Notwithstanding any other rule in OAR 845, Division 25, on and after October 15, 2019:(a) A retailer may not sell, offer for sale, deliver, transfer, or otherwise make available to a consumer any cannabinoid vapor product containing a flavor or a non-marijuana terpene.(b) A processor may not make a cannabinoid vapor product that contains a flavor or non-marijuana terpene." The company also challenged OAR 845-025-5760(5) and (6) Audit, Compliance, and Random Testing which provides for testing of vaping products involving marijuana. The court explained that although "OLCC makes persuasive arguments that the rule will be held valid on judicial review, the court is persuaded that petitioner has some likelihood of success." Herban Industries v. Oregon liquor Control Commission, Order Granting Stay, at 4. The company alleges that the commission violated state rulemaking requirements for failure to adequately justify the temporary rules put in place while the agency completes the full rulemaking process.
    The court issued a temporary stay on the rules issued in October by the Oregon Health Authority dealing with Vapor Technology Association v. Oregon Health Authority. The OHA rule OAR 333-015-1000 Prohibition on Flavored Vaping Products, which provides that: "On and after October 15, 2019, a retailer may not sell or offer for sale a vapor product containing a flavor, to a consumer in Oregon."
    Read the Order Granting the Stay.
    Read Executive Order 19-09.
    Read the Prohibited Vapor Product Sales and Manufacture rule.
    Read the rule on Product Testing.
    Read the OHS Rule on Flavored Vaping Products.

First Oregon Public Records Advocate Offers a Final Report Following Her Announcement of Resignation
October 28, 2019. The first Oregon Public Records Advocate, Ginger McCall has issued a final report following her announcement of her resignation from the position. The Public Records Advocate Position was created by the passage of SB 106 in 2017. The leading issued raised in the report has to do with fees. "In order to ensure that the public records law actually provides meaningful access to all members of the public, fee reform is particularly important. High fees are a clear barrier to entry. A clearer, less discretionary fee structure, similar to the FOIA and paired with low hourly or per page rates, would meaningfully increase access for all requesters." Id. at 11. The other key point of discussion in the report has to do with "Public Records Request Tracking & Investment." Id. 7-8. The report focuses on state agencies with few references to the particular challenges facing local governments. It does call for state assistance for information request tracking to help local governments. Id. at 7.
    Read the Report.
    Read SB106 that Created the Office.
    Access the Advocate's Website.

Governor Signs Statewide Rent Control Legislation
March 1, 2019. Governor Brown yesterday signed SB 608 which, as the Governor's press release indicated "provides protections for renters related to no-cause evictions and rent increases." The legislation is being seen as the nation's first statewide rent control legislation.
    Read SB 609.
    Read the Governor's Press Release on Signing SB 608.

Oregon Legislature Sends Bill to Governor to Protect Net Neutrality After FCC Repeal of that Policy
March 6, 2018. The Oregon legislature has passed and sent to the governor HB 4155 intended to protect net neutrality in the state, following the Federal Communication Commission's decision in December 2017 to repeal the Obama era net neutrality policy. The state legislation puts pressure on ISPs by prohibiting public bodies from doing business with providers who engage in the practices the legislature finds interfere with net neutrality. The legislature includes in that ban in Section 1 of the Act: "(3) A public body may not contract with a broadband Internet access service provider that, at any time on or after the operative date specified in section 3 of this 2018 Act: (a) Engages in paid prioritization; (b) Blocks lawful content, applications or services or nonharmful devices; (c) Impairs or degrades lawful Internet traffic for the purpose of discriminating against or favoring certain Internet content, applications or services or the use of nonharmful devices; (d) Unreasonably interferes with or unreasonably disadvantages an end user's ability to select, access and use the broadband Internet access service or lawful Internet content, applications or services or devices of the end user's choice; or (e) Unreasonably interferes with or unreasonably disadvantages an edge provider's ability to make devices or lawful content, applications or services available to end users." The FCC announced in paragraphs 190-191 of its fact sheet issued with its December decision that it was preempting any effort by the states to impose their own regulation that runs counter to the commission's repeal of the previous FCC net neutrality policy. This question will arise when Internet service providers challenge the Oregon statute or others.
   Washington Governor Jary Insless has just signed into law that state's HB 2282 aimed protecting the "open Internet."
   Read the Oregon Enrolled bill.
   Read the Washington bill.
   Read the FCC Fact Sheet "Restoring Internet Freedom."
   Read the FCC Press Release .

Oregon Governor Publishes Report on Impact of Proposed Federal Healthcare Legislation
May 24, 2017. Oregon Governor Kate Brown has issued a report prepared at her request by the Department of Consumer and Business Services and Oregon Health Authority on the projected impacts of the pending American Healthcare Act as it was originally introduced. The report summary explained that "Reduce coverage: As many as 465,000 Oregonians will lose health coverage between 2018 and 2023, including approximately 80,000 next year. Oregon’s uninsured rate will triple from 5 percent to more than 15 percent by 2023 and continue to increase through 2026. Reduce federal funding: To maintain Medicaid enrollment, we estimate the AHCA would shift $190 million in costs to Oregon starting in SFY 2020, approaching $1 billion in SFY 2023. The cumulative cost shift would be $2.6 billion over the next six years. Reduce economic activity: The AHCA risks the loss of more than 23,300 health care jobs that were created in Oregon after the ACA was implemented." Executive Summary, p. 2.
    Read the Report.
    Read the Governor's Press Release on the Publication of the Report.

Governor Issues Executive Order in Response to Trump Orders on Immigrants and Refugees
February 4, 2017. Citing O.R.S. 181A.820, O.R.S. 659.006(1), and Article I, Sections 2 and 20 of the Oregon Constitution, Governor Brown issued an order to state agencies that, insofar as permitted by federal and state statute, avoid collecting information or implementing policy in a manner that takes into account a person's immigration status or religion. The press release that accompanied the order states: "In an Executive Order, Governor Brown set policy direction that instructs state employees to perform everyday duties mindful of Oregon's welcoming and inclusive position toward all, including immigrants and refugees. The order also requires state agencies to not discriminate on the basis of immigration status. In addition, Governor Brown broadened Oregon's 30-year-old law that prohibits law-enforcement agencies from treating undocumented Oregonians as criminals. Now, all state agencies, not just law enforcement, must follow this rule. Governor Brown has also forbidden state agencies from participating in the creation of a "registry" to identify people based on religion."
   At the same time that she announced the executive order, Governor Brown released a letter to the state Attorney General in which she indicates her opposition to the Trump administration's executive order on immigrants and refugees and other orders persumably the one aimed at undocumented immigrants from Mexico and other Latin American countries which threatens to withhold funds from states or local governments identified as "sanctuary jurisdictions" and asks the Attorney General to persue all available legal remedies against those policies to the degree that threaten the state or its residents. That letter specifically raises the possibility of joining suits brought by other states, challening the Trump administration policies.
    Read Executive Order 17-04.
    Read the Governor's Letter to the Attorney General.
    Read the Governor's Press Release on Her Actions.

Secretary of State Releases Report on Investigation of Oregon Business Energy Tax Credit Program
September 8, 2016. Oregon Secretary of State Jeanne P. Atkins has published a third party investigative report of the Oregon Business Energy Tax Credit program, a policy in place for more than three decades but that ended in 2014, finding significant problems with many firms that took advantage of the BETC and with the administration of that program. Information from the investigation has been referred to the Oregon Department of Justice for possible legal action. She contracted for the study some months ago with Marsh Minick Financial Crime Consulting Services for the investigation after discussions with the leadership of the state's energy department. She also transmitted that study along with a letter to legislators in which she summarized the key findings of the report.
   "Here are the key findings related to BETC projects outlined in the independent report: [1] Through a forensic data analysis performed on all 14,494 BETC projects, the investigators found that out of the $1 billion in tax credits issued, there are $347 million worth of tax credits where records contain evidence of risk factors that were “concerning.”Areas of concern discovered by the investigators included: direct conflicts of interest; projects that were never operational; businesses that closed or went out of business; indistinguishable, missing or suspicious eligible cost documents; projects with unaccounted for equipment; brokering conflicts and intermediary issues; and illogical projects. [2] More than 25 percent of large projects–those involving project costs over $1,000,000–exhibited at least one characteristic of concern for the investigators. About 97 percent of projects of this size were reviewed individually; this consisted of 311 project files that accounted for $773 million in tax credits issued of which $340 million were of concern. [3] In contrast, of 3,150 smaller project files that were reviewed, only 2.7 percent (86 projects) exhibited at least one characteristic of concern for the investigators. Extrapolating this sample to the overall population of smaller BETC projects estimates a total of $7.2 million in tax credits of concern out of $266 million in credits issued for these smaller projects. [4] The examination identified no direct evidence of fraud. However, out of the 14,494 total BETC projects, this statistical and direct examination of records identified 79 large and small projects combined where there was circumstantial evidence of suspicious behavior. The evidence was sufficient to warrant referral to the Oregon Department of Justice for further review." Letter to Legislators, p. 2.
    Michael Kaplan, Director of the Oregon Department of Energy has written a response letter to the Secretary of State highlighting the previous concerns he had expressed about the program, referring to it as a program "besieged by problems," and promising to move forward on any recommendations with respect to other programs, since the BETC program ended in 2014.
    Read the Report.
    Read the Oregon Secretary of State's Letter to Legislators.
    Read the Response Letter from Oregon Department of Energy Director, Michael Kaplan.

Department of Environmental Quality Issues Cease and Desist Order at Governor's Direct to Bullseye Glass
May 20, 2016. The Department of Environmental Quality has issued a cease and desist order to Bullseye Glass company in Portland in order in response to tests that showed high levels of lead in the air near a day care center close to the company's facility. The statutory authority for DEQ to issue that order requires that the Governor direct the agency to take that action. Both the DEQ and the Oregon Health Authority jointly wrote the governor seeking that directive.
    Read the Governor's Press Release.
    View video of the Join DEQ and OHA News Conference on the Action.
    Access the Safer Air Oregon Website.

State Supreme Court Rules Taxi Drivers Employees and Not Contractors
December 11, 2015. The Oregon Supreme Court has issued its opinion in Broadway Cab v. Employment Department, SC S06271, affirming a lower court decision upholding an Administrative Law Judge ruling that the company's drivers are employees and not contractors so that the company must make its pay unemployment insurance taxes.
   This ruling comes just two months after the Oregon Board of Labor and Industries Advisory Opinion on October 15 concluding that Uber Drivers are employees rather than independent contractors. That advisory opinion relied on Oregon law but also referred to an Administrative Interpretation issued by the Wage and Hour Division (WHD) of the U.S. Department of Labor on July 15 on Identification of Employees Who Are Misclassified as Independent Contractors. The WHD has a website on the subject of misclassification. It also has a Memorandum of Agreement with the Internal Revenue Service on ways for the two agencies to collaborate to enhance compliance with legal requirements and reduce misclassification. The relevant documents are provided below.
   Read the Oregon Supreme Court opinion.
   Read the BOLI Advisory Opinion of October 15.
   Read the BOLI press release.
   Read the U.S. Dept of Labor Administrative Interpretation of July 15.
   Read the DOL/IRS MOU on misclassication of employees as contractors.
   Access the U.S. DOL Wage and Hour Division Website on Employee Misclassification as Independent Contractors.

Oregon Supreme Court Issues Moro Ruling on PERS
April 30, 2015. The Oregon Supreme Court has issued its opinion in the Moro v. Oregon, 357 Or 167 (2015) case challenging amendments to the PERS retirement benefits. In an opinion by Chief Justice Balmer, the Court said in part, "We therefore hold that respondents constitutionally may cease the income tax offset payments to nonresidents as set out in SB 822 and that respondents also constitutionally may apply the COLA amendments as set out in SB 822 and SB 861 prospectively to benefits earned on or after the effective dates of those laws, but not retrospectively to benefits earned before those effective dates. Subject to applicable vesting requirements, PERS members who have worked for participating employers both before and after the relevant effective dates are entitled to a COLA rate that is blended to reflect the different COLA provisions applicable to benefits earned at different times." Id. at 174. The opinion is some 87 pages in length with a detailed analysis of the several parts of the challenge to the PERS amendments. There were no dissents, but Justice Brewer issued a concurring opinion.
    Read the Opinion.

New Study Adds to Information About Pacific NorthWest Tsunami Vulnerability
March 17, 2015. Nathan J. Wood, Jeanne Jones, Seth Spielman, and Mathew C. Schmidtlein, have published a new article on "Community Clusters of Tsunami Vulnerability in the US Pacific Northwest" in the Proceedings of the National Academy of Sciences from a study they have done showing the communities in Oregon, Washington, and California that face a particular danger of tsunami damage from a major subduction earthquake long predicted for the West Coast. Wood explained in an interview with the Seattle Times that the concern was not merely to indicate which communities are vulnerable but to identify the kinds of vulnerability.
    Read the Study.
    Read the article in the U.K.'s Daily Mail by Anneta Konstantinides via the paper's website.
    Access the Seattle Times article via the paper's website.

Governor Brown Signs Motor Voter Bill Into Law
March 17, 2015. Governor Kate Brown has signed HB 2177, commonly known as the Motor Voter bill, into law, a proposal that was introduced on her behalf when she served as Secretary of State. The bill provides for automatic registration of those who are filing for drivers license related actions with the Department of Motor Vehicles (part of the Department of Transportation) with an opt-out provision.
    Read HB 2177.
    Read Governor Brown's Remarks on Signing the Bill.

Governor Presents New Budget Request
December 4, 2014. Governor Kitzhaber has presented his proposed 2015-17 budget for the state. At the same time, the state has published the Economic and Revenue Forecast as of December 2014 which is, of course, important as a starting point for the legislation discussions to come. The budget proposal and forecast documents are posted below.
   The other document that is important, but often not discussed, is the Tax Expenditure Report for 2015-17 which explains expenditures that occur because of programs using tax incentives to advance state goals or support target groups within the state. That document is provided below as well.
    Read the Governor's 2015-2017 Budget.
    Read the Executive Summary of the Economic and Revenue Forecast for December 2014.
    View the PowerPoint presentation of the Economic and Revenue Forecast.
    Read the full Economic and Revenue Forecast Report.
    Access the Summary and Introduction of the Tax Expenditure Report for 2015-17.
    Access the full Tax Expenditure Report for 2015-17.
    Access the Excel Spreadsheet List of Tax Expenditure Report for 2015-17.

Coyote Island Terminal Decision Contested
September 12, 2014. Ambre Energy has filed notice of intent to contest the Oregon Land State Lands Department decision refusing a permit for development of the Coyote Island Terminal at the Port of Morrow in Boardman. The state decision and the materials relating to the application are in August 19 posting below. The Port of Morrow and the State of Wyoming have also sought to appeal the ruling. Ambre Energy's appeal alleges a variety of errors and legal violations, but identifies a number that it term "over-arching reasons and legal issues" which included: "1. DSL failed to apply its rules consistently to Coyote Island Terminal’s Application in violation of OAR 141-085-0506(2). 2. DSL failed to act consistently with its past practice in processing other similar applications. See ORS183.482(8). 3. DSL erroneously interpreted and applied its statutes and rules in the decision. 4.The DSL decision is based on considerations outside the scope of statutory and rule requirements. 5. DSL’s decision is based on general, conclusory findings that are not supported by substantial evidence in the record. 6. The decision violates the Commerce Clause of the United States Constitution by impermissibly restricting interstate commerce." Ambre Petitioner, at 2-3.
    Read the company's request for an administrative hearing on the permit decision.
    Read the Port of Morrow Request for Hearing
    Read the State of Wyoming Appeal Petition.

DEQ Issues New Permit for Claskanie Oil Terminal
August 19, 2014. The Oregon Department of Environmental Quality has issued to "Columbia Pacific Bio-Refinery, located in Clatskanie, a Standard Air Contaminant Discharge Permit for storage and marine vessel loading of crude oil and ethanol." The permit was needed because of a March 2014 enforcement decision in which DEQ found that the company had exceeded the limits of its existing permits. The increase came a result of a increased number of oil trains transporting oil from North Dakota.
    Access the permit.
    Read the Permit Review Report.
    Read the DEQ Response to Comments on the Permit Application.
    Read the Comments on the Spill Contingency Plan.
    Read the Responses to Questions About the Permit.
    Read the DEQ Civil Penalty Assessment and Order of March 2014.
    Access DEQswebpage on the Columbia Pacific BioRefinnery.

Department of State Lands Rejects Coal Terminal Proposal
August 19, 2014. The Oregon Land State Lands Department has issued a decision refusing a permit for development of the Coyote Island Terminal at the Port of Morrow in Boardman submitted by the Australian firm Ambre Energy. The proposed terminal would transfer coal from rail cars to barges for shipment downriver to the port at Clatskanie from which it would be exported, primarily for customers in Asia. In it "Decision Summary," the department found that the proposed project "Is not consistent with the protection, conservation and best use of the water resources of this state as specified in ORS 196.600 to 196.905. This is the primary reason for denial of the permit." It also found that it "Would unreasonably interfere with the paramount policy of this state to preserve the use of its waters for navigation, fishing and public recreation – while the project as described would not interfere with navigation or public recreation, it would interfere with fishing. This is an additional reason for denial of the permit." "Decision Summary" at 2. The Confederated Tribes of the Umatilla, the Confederated Tribes and Bands of the Yakima Nation, the Confederated Tribes of Warm Springs, the Nez Perce, and the Columbia River Intertribal Fishing Comission had filed objections asserting that the proposed project would interfere with fishing rights and fisheries.
    Read the Land Department press release on the decision.
    Read the Department's "Decision Summary."
    Read the Departments formal "Findings" documet.
    Access the permit application.
    Access Department's Fact Sheet and Timeline for the permit decision process.

LUBA Finds Bias in Clatsop County Pipeline Ban
July 18, 2014. The Oregon Land Use Board of Appeals has found that the Clatsop County vote to reject pipeline construction for a proposed LNG terminal in Warrenton was not acceptable due to bias on the part of a commissioner.
    Access the Full Report.

Supreme Court Rejects Effort to Stay Oregon Federal District Court Gay Marriage Ruling
June 5, 2014. The Supreme Court refused to stay the action of a federal district court in Oregon, striking down the state's ban on gay marriage. For full information, see the Civil Rights page of this website.

Governor Releases Report on Cover Oregon Failure
March 21, 2014. Governor Kitzhaber released today the report of the state's consultant First Data on the failure of the Cover Oregon project. His press release at the time of the release listed a variety of steps being taken by the state to address problems with the project.
    Access the Full Report updated on April 23, 2014.
    Read the Governor's Press Release at the Time of the Presentation of the Report.

Court of Appeals Strikes Land Use Plan
February 21, 2014. The Oregon Court of Appeals has reversed and remanded the decision of the Land Conservation and Development Commission (LCDC) which approved Metro's designation or urban and rural reserves for the next fifty years. The Court of Appeals found: "Nevertheless, we conclude that LCDC erred in four respects. In particular, LCDC erred in (1) approving Washington County's misapplication of the rural reserve factors pertaining to agricultural land; (2) concluding that Multnomah County had adequately "considered" the rural reserve factors pertaining to Area 9D; (3) concluding that it has authority to affirm a local government's decision where its findings a reinadequate if the evidence "clearly supports" the decision; and (4) failing to meaningfully explain why – even in light of weighty countervailing evidence – Metro and the counties' designation of Areas 4A to 4D (commonly referred to as Stafford) as urban reserves is supported by substantial evidence. Accordingly, because LCDC's order is unlawful in substance in various respects, we reverse and remand LCDC's order for further action consistent with the principles expressed in this opinion. ORS 197.651(10)(a) (providing that "[t]he Court of Appeals shall reverse or remand the order only if the court finds the order is[,]" among other things "[u]nlawful in substance")." Barkers Five v. Land Conservation and Development Commission, Slip Op. at 5-6.
    Read the Court of Appeals opinion.

Governor Kitzhaber Signs Five Bills Passed in Special Session
October 11, 2013. The governor has signed five pieces of legislation enacted during the recent special session. They include House Bill 3601 on tax law changes; House Bill 5101 concerning additional funding for education, DHS, ODOT, and OHA, Senate Bill 861 with respect to changes to PERS cost-of-living adjustments, Senate Bill 862 which make other changes to PERS. and Senate Bill 863 which prohibits local governments from adopting regulation or prohibition of genetically modified crops.
    Read HB 3601
    Read HB 5101
    Read SB 861
    Read SB 862
    Read SB 863
    Access the StatesmanJournal article on the bills and bill signing.

Governor Issues Proclamation Convening Special Legislative Session
September 24, 2013. Governor Kitzahaber has issued a proclamation calling for a special session of the state legislature to begin on September 30 for the purpose of considering revenue enhancements and changes in the Public Employee Retirement System benefits and costs.
    Read the governor's proclamation.
    Read the governor's press release on the special session

Oregon Joins Other States in Implementing the Common Core Standards for K-12 Education
September 22, 2013. The Common Core curriculum standards for K-12 education first released in 2010 are now at the stage in which schools are to fully implement those standards with evaluations to be fully in place by 2014. A group created by the National Governors Association (NGA Center) and the Council of Chief State School Officers (CCSSO) called the Common Core Standards Initiative has released its draft K-12 education standards. Some forty-eight states, the District of Columbia, and three territories have joined in the process to create these standards which the Obama administration quickly indicated would be important in guiding nationwide evaluation standards. These standards are designed to be rigorous and their implementation is already causing stress among economically strapped schools. The implementation present a range of impacts including for children with disabilities and those who are English Language Learners in addition to all other students. Even so, there has not been much discussion or information about the standards outside of state education agencies and schools. Many parents and clinicians are as yet unaware of the standards or their meaning for schools, children, and families.
   There is a Translation Project with the task of providing materials in Spanish. There is a website for that project and a PowerPoint presentation that provides comparisons in English and Spanish for part of the materials. The webpage that is supposed to contain the standards in Spanish is currently not working, but this site will post that link as soon as it is working.
   Access Oregon the Common Core Standards Website.
   Access the Oregon Common Core Standards and Students with Disabilities Website.
   Access a PowerPoint Presidentation "Considerations for Students with Disabilities" in Oregon.
   Access the National Common Core Standards.
   Access the Common Core Standards Initiative Website.
   Read "Application to Students with Disabilities."
   Read "Applicatioin of the Standards for English Language Learners."
   Access the Common Core Translation Project Website
   Access a PowerPoint Entitled "The Common Core en Español"

FY2011-2013 Enacted Oregon Budget Released
June 21, 2013. The enacted FY 2011-2013 Oregon budget has now been published along with the budget analysis..
    Budget Highlights 2011-13 Legislatively Adopted Budget.
    Budget Analysis

Earthquake and Tsunami Resilience Plan Report
June 21, 2013. The Oregon Seismic Safety Policy Advisory Commission (OSSPAC) Earthquake and Tsunami resilience plan entitled Reducing Risk and Improving Recovery for the Next Cascadia Earthquake and Tsunami is available and provides recent analyses of likely impacts from the large earthquake and tsunami that are expected at some point in the future given the historical record.
   Read the final report.

League of Oregon Cities Issues the "State of Cities" Report
January 18, 2013. The League of Oregon Cities has issued the 2013 edition of the State of the Cities report. As the League explains, this is the second such report and this one is based upon a survey or 185 cities and also provides a six year analysis of financial data on 49 Oregon cities.
   Access the Report.

Governor Delivers State of the State Message
January 15, 2013. As the new legislative session gets underway, Governor Kitzhaber has delivered his 2013 State of the State Message. This follows the release of the Governor's budget in December. That information is posted below on December 1, 2012.
   Read the Governor's State of the State Message.

Portland and U.S. Department of Justice Civil Rights Division Settle on Police Issues But Challenges are Pending
December 20, 2012. The City of Portland and the Civil Rights Division of the United States Department of Justice have filed a order on consent with the U.S. District Court for the District of Oregon which is the culmination of a ODJ investigation and negotiations with the city regarding police use of force and other procedures with particular attention to situations involving persons with mental illness or developmental delays. However, the union representing police officers has filed objections based on claims that the agreement violates collective bargaining agreements with the city. The court has called for responses by the city and DOJ and will consider these issues at the judge decides whether to lodge the opinion as an order of the court on consent.
   Access the DOJ Civil Rts. Div. Finding Letter Issued to Portland in September 2012.
   Access the Statement of Intent to Cooperate to Address the Findings.
   Read the Settlement Agreement as Submitted to the Court.
   Read the DOJ Press Release on the Portland Agreement.
   Read the Mayor of Portland's Statement on the Portland Police Bureau/DOJ Agreement.

Special Session Called by Governor Passes Corporate Tax Incentive Legislation
December 21, 2012. Governor Kitzhaber called a special session of the legislature to adopt legislation as part of a deal between the administration and Nike for tax guarantees in return for a promise of investment.
   Access the enrolled version of HR 4200.
   Read the governor's press release on the special session.
   Read the governor's proclamation calling the special session.

Oregon Governor Releases Budget Proposal
December 1, 2012. Governor John Kitzhaber has released his 2013-15 Oregon state budget message and his full proposed budget. In addition, he has released the tax expenditure report showing spending in the form of deductions and credits included in various state policies as incentives businesses and private individuals. The governor has announced that the budget proposal is an outcomes based budget guided by what the administration terms the "10-Year Plan for Oregon."
   The budget document with the full proposal has been published by the Chief Financial Officer. The administration has reorganized a number of offices and modes of budget planning and execution. That information is available through the website of the Oregon Chief Financial Officer.
   The budget of course comes with assumptions about the revenues available which are provided by the Office of Economic Analysis. The most recent revenue estimate report is provided below.
   Access the Budget Message.
   Access the Budget Proposal.
   Read the governor's press release on the proposed budget.
   Read the Tax Expenditure Report.
   Access the administration's "10-Year Plan for Oregon: Rebuilding Oregon's House."
    Oregon Chief Financial Officer website.
    Latest Revenue Forecase from the Oregon Office of Economic Analysis.

Court of Appeals Rejects Challenge to Clatsop County Decision to Pull Back on Pipeline
October 25, 2012. The Oregon Court of Appeals has issued an opinion rejecting an appeal in a case in which efforts were made to block Clatsop County's decision to pull back its previous approval in November 2010 of a natural gas pipeline that would connect to a planned LNG terminal. The Columbia River Keeper appealed the approval to the Land Use Board of Appeals (LUBA). While the matter was pending before LUBA in January 2011, the county asked LUBA to allow the county to withdraw its approval for reconsideration. The pipline company sued in circuit court, seeking an order approving the pipeline on grounds that the county had exceeded the 150 day limit to reach a decision under statute, but the circuit court dismissed for a lack of jurisdiction. The court of appeals concluded that under Oregon law LUBA retains jurisdiction of the matter during a reconsideration by the county and that the 150 day limit had been satisfied by the county's original decision in November 2010. It therefore affirmed the dismissal of the pipeline company's case.
   Access the opinion.

Ninth Circuit Rejects Federal Approval of Ruby Pipeline
October 23, 2012. A panel of the U.S. Court of Appeals for the Ninth Circuit has overturned the Bureau of Land Management decision approving the Ruby natural gas pipeline from Wyoming to Oregon on grounds that it relied on a flawed Fish and Wildlife Service Biological Opinion conducted to address Endangered Species Act impacts from construction and operation of the pipeline. That opinion was flawed, the court said, because it relied on the presumed benefits of a Conservation Action Plan (CAP) and because it failed to consider the impact of groundwater withdrawals. As a result of the way it used the CAP, the court said, that plan was unenforceable. "We now hold what was implicit in Marsh and Selkirk and is dictated by the statutory scheme: a conservation agreement entered into by the action agency to mitigate the impact of a contemplated action on listed species must be enforceable under the ESA to factor into the FWS's 'biological opinion as to whether [an] action, taken together with cumulative effects, is likely to jeopardize the continued existence of listed species or result in the destruction or adverse modification of critical habitat.' 50 C.F.R. § 402.14(g)(4). Congress did not contemplate leaving the federal government's protection of endangered and threatened species to mechanisms other than those specified by the ESA, the statute designed to accomplish that protection. Rather, it entrusted the federal government's protection of listed species and critical habitat to the Act's own provisions, and to the FWS, the agency with the expertise and resources devoted to that purpose." Center for Biological Diversity v. Bureau of Land Management, No. 10-72356, Slip. Op. At 12735. Because of these problems, the decision was arbitrary and capricious within the meeting of the Administrative Procedure Act. The court vacated the BLM record of decision and remanded it to the bureau for further action.
   Access the Ninth Circuit Opinion.
   Access the Bureau of Land Management Ruby Pipeline Website with the Records of Decision in this case and other Information.

Logging Road Clean Water Act Case Ready for Supreme Court Argument
October 18, 2012. The briefs have now been filed in the U.S. Supreme Court by petitioners, the respondent, and the U.S. in No. 11-338 Decker v. Northwest Environmental Defense Center and 11-347 Georgia-Pacific West v. Northwest Environmental Defense Center, cases that challenge a ruling by the Ninth Circuit that logging road runoff is point source pollution therefore requires a NPDES permit under the Clean Water Act. The Ninth Circuit ruling rejected an EPA determination that it was not point source and certainly not industrial point source pollution of the sort that would require a permit. The Oregon State Forester, a number of wood products industry organizations, and others are asking the Supreme Court to overturn the Ninth Circuit ruling. The United States is supporting the petitioners and more fundamentally the Environmental Protection Agency interpretation of the Clean Water Act's requirements. The case is scheduled for oral argument before the Supreme Court on December 3.
   Access the Petitioner Doug Decker brief.
   Access the Petitioner Georgia-Pacific West brief.
   Access the Respondent Northwest Environmental Defense Center brief.
   Access the United States Amicus Curiae Brief in Support of the Petitioners.
   Access the Ninth Circuit opinion in NEDC v. Brown that is the subject of the appeal in this case.

Legislature Wraps Up Session with Passage of Budget Bills
March 6, 2012. As the legislature adjourned, it completed work on five bills that make up the package of spending changes to the current two year budget.
   Access HB 5201 Bonding.
   Access HB 5202 Capital Construction.
   Access SB 5702 Lottery Allocation.
   Access SB 5701 Budget Reconciliation.
   Access SB 1579 Program Change.

Legislature Passes Governor's Education Bill as Session Ends
March 6, 2012. The legislature has ended its session with the passage of a number of bills. One is the governor's education measure that expands on legislation adopted in the previous session with respect to several aspects of the organization of state education administration, including the new Chief Education Officer position. It also requires achievement compacts with educational institutions in the state.
   Access SB 1581.

Early Childhood Programs and Health Exchanges Pass Go to the Governor
March 5, 2012. The legislature has passed HB 4164 which provides more detailed development of the healtcare exchanges and duties of the Oregon Health Insurance Exchange Corporation. The bill follows on legislation creating the Corporation in SB 99 in 2011. The legislature has also sent to the governor HB 4165 on early childhood programs now consolidated under the Early Learning Council.
   Access HB 4164 on Health Insurance Exchange Implementation.
   Access SB 99 of the 2011 session creating the Oregon Health Insurance Exchange Corporation.
   Access HB 4165 on Early Childhood Programs.

Governor Signs Coordinated Care Organizations Bill
March 4, 2012. The governor has now signed SB 1580 which follows the Oregon Health Authority proposal for the coordinated care organizations called for in H.B. 3650 adopted by the legislature in 2011.
   Access SB 1580.
   Read OHA Coordinated Care Organization Implementation Proposal.
   Access H.B. 3650, the Health System Transformation bill adopted in 2011.
   Access state's Health System Transformation website.
   Access the governor's press release.

Legislature Moving Contracting Bill
February 24, 2012. The Senate has easily approved SB 1518 that would make a number of changes to state contracting processes and it has been sent to the House floor with a do pass recommendation from General Government and Consumer Protection Committee. As the bill preamble explains, the bill: "Prohibits state contracting agency, under specified conditions, from accepting bid or proposal from bidder or proposer that advised or assisted state contracting agency concerning solicitation documents or materials related to public contract; Permits state contracting agency to apply to Director of Oregon Department of Administrative Services for exception to prohibition; Requires Oregon Department of Administrative Services to report certain information related to public contracting to Legislative Assembly [concerning special procurements under ORS 279B.085 by state contracting agencies that are subject to the authority of the department under ORS 279A.050 (2) and (7).]; Permits bidder or proposer to submit, and state contracting agency to consider, personnel deployment disclosure as part of bid or proposal; Specifies contents of personnel deployment disclosure; [and] Permits state contracting agency, in certain circumstances, to give preference based on information in personnel deployment disclosure."
   Access SB 1518.

Governor Issues a Response to the Legislative Co-Chairs' Proposal to Meet Budget Gap
February 17, 2012. Governor Kitzhaber has responded to the legislative proposal for meeting the existing budget shortfall. In his press release, the Governor notes that his proposal would include: "$25 million in program and administrative reductions at 20 state agencies; Eliminating or holding vacant 157 positions, including middle managers and front line workers, in addition to the approximately 850 positions eliminated in the Co-Chairs' budget; Avoiding further cuts to K-12 and higher education." He "proposes using about $13 million in reserve funding to avoid prison closures and critical cuts to key health care, family and early childhood services, including: $4.6 million to avoid closing Santiam Correctional Institution and minimize the use of temporary beds for DOC inmates; $2.3 million to avoid further reductions in child outpatient mental health; $1.1 million to avoid further reductions to several Temporary Assistance for Needy Families (TANF) programs; $0.6 million to continue second year funding for Early Head Start." His press release refers to a memorandum of February 14 issued by the Michael Jordan, Chief Operating Office, Department of Administrative Services, setting forth the "Governor's Response to the Co-Chair's Budget." These items are posted below along with the attachments to the budget response memorandum.
   Read the Memorandum from COO Michael Jordan, "Governor's Response to the Co-Chair's Budget" dated February 14, 2012.
   Access Attachment 1 to the Memorandum (Spreadsheet on $28 million reductions).
   Access Attachment 2 to the Memorandum (Spreadsheet on Public Safety Reductions).
   Read the Governor's press release of February 16, 2012 on "strategic reductions to balance budget".

Audit of State Agency Contracting Yields Positive Findings
February 14, 2012. Following a request for an audit requested by the Department of Administrative Services, the Secretary of State has issued a report on contracting for personal services by former state employees. The report did not find improper practices and found that agencies were using best practices in their contracting processes. A controversial case in 2011 prompted the audit and introduction of legislation in the 2012 session, HB 4130.
   Read the Audit.
   Access HB 4130.

State Releases New Revenue Forecast
. The Oregon Office of Economic Analysis has released the most recent economic and revenue forecast. The revenue estimate indicates $35.1 million less than anticipated as of the December estimate for the 2011-2013 biennium. It has been common practice for the governor to issue a press release on his views in response to the forecast, but no such statement has been forthcoming as yet from Governor Kitzhaber. If such a statement is issued, a link to it will be posted here.
   Access the Press Packet on the Estimates.
   Full Economic and Revenue Forecast.
   Access the Executive Summary of the Revenue Forecast.
   Access PowerPoint slide presentation.
   Access the Oregon Office of Economic Analysis Most Recent Forecase website.
   Access the Oregon Office of Economic Analysis website.

Legislative Leaders Advance Budget Deal
February 2, 2012. The co-chairs of the Joint Ways and Means Committee have advanced a "Rebalance Plan" to address a $201 million shortfall in the current budget.
   Access the "February 2012 Rebalance Plan (Final - 1/26/12)."

Oregon Groups Sue State in Challenge to Sheltered Workshops
January 27, 2012. United Cerebral Palsy and Disability Rights Oregon have filed suit in federal court against the state in a case styled Lane v. Kitzhaber, claiming that the use and operation of sheltered workshops for persons with disability violate the Americans with Disabilities Act and §504 of the Rehabilitation Act of 1973. For more information and the complaint in the case, see the Health Care, Disabilities, and Development page of this site.

Governor Orders Hiring Freeze with Other Spending Cuts Requested by Legislators
December 14, 2011. As a result of a memorandum from legislators, the governor has directed the Department of Administrative Services to issue a statewide hiring freeze and to take other steps to limit spending until after the legislature meets to consider state finances given the likelihood of the need for further budget cuts in the current budget. The memorandum to the Governor asked that the state: "Suspend new enrollments in anticipation of potential reductions and/or budget shortfalls in the February session including, but not limited to, OHP Standard, Employment Related Day Care (ERDC), Oregon Project Independence, Oregon Pre-K, and other programs. Suspend advertising and outreach efforts for state programs facing potential cuts and/or budget shortfalls in the February session. Suspend non-critical expenditures in all agencies. Suspend the acceleration of grants from the Department of Education. Suspend all payments for programs/services approved in the legislatively adopted budget that have not yet been committed. Implement a statewide hiring freeze, including, but not limited to, canceling any new Oregon State Police recruit classes and any other agency positions approved in the legislatively adopted budget that have not yet been filled until they can be reviewed during the February 2012 session."
   Read the memorandum on the freeze from CAO Michael Jordan.
   Read the memorandum from legislators requesting the freeze.

Governor Announces Regulatory Streamlining Program Implementation
December 14, 2011. Governor Kitzhaber has released a new regulatory streamlining program. He has made the project proposal report available online and has indicated the initial recommendations for immediate action. They include the following elements. "Initiate benchmarking and conduct a survey of selected states to assess how Oregon might best improve the regulatory process, including regulatory appeals. Manage the rule-making practices and the performance of regulatory processes to achieve improvements in timeliness, certainty and outcomes. Coordinate and promote ongoing efforts that lead to a one-stop, efficient natural resource permitting process. Direct agency leaders to consider regulatory streamlining as budgets are developed and recommended to the governor. Build on achievements of Governor Kulongoski's Streamlining Initiative, including the award winning ePermitting Project at the Building Codes Division of the Department of Consumer and Business Services. Continue support for ongoing efforts by the Regional Solutions Centers and process improvement initiatives." Press release.
   Read the governor's press release on the regulatory streamlining program .
   Access the Regulatory Streamline Project Proposal.

State Releases New Revenue Forecast
November 17, 2011. The Oregon Office of Economic Analysis has released the most recent revenue estimate which shows an additional decline over the last estimate.
   Read the Governor's Press Release.
   Access the Press Packet on the Estimates.
   Full Revenue Forecast.
   Access the Summary of the Revenue Forecast.
   Access PowerPoint slide presentation.
   Access the Oregon Office of Economic Analysis Most Recent Forecase website.
   Access the Oregon Office of Economic Analysis website.

Metro Council Votes to Approve New Urban Growth Boundary Provisions
October 21, 2011. Metro Council members voted unanimously to approve new provisions of the Urban Growth Boundary which add 1,985 to the UGB. The new boundaries open up development in areas of Hillsboro, Beaverton, and Tigard. The UGB will next be reviewed by Metro in 2014.
   Read the Metro press release.
   See the map of the UGB approved 10/20/2011.
   Access Metro's FAQ page regarding the Urban Growth Boundary.

Supreme Court Hands Down Important Land Use Ruling on Measures 37 and 49
October 21, 2011. The Oregon Supreme Court has handed down its ruling in Friends of Yamhill County v. Board of Commissioners rejecting a lower court ruling that a land owner who had a Measure 37 waiver and invested in development of his land had a common law right vested right to go ahead even after the passage of Measure 49. The case is important because of the number of land owners who moved after adoption of Measure 37 to develop their property under waivers but were then covered by Measure 49 which was designed to limit the effects of the earlier measure.
   Read the opinion.

Another Round of New Health Care Legislation Under Consideration
May 17, 2011. After adopting fundamental change in Oregon's health programs, the state legislature is considering additional new policies in the current term, including HB 3650 (a health care transformation bill) and SB 99 (a health insurance exchange bill).
   Read HB 3650.
   Read SB 99.

House Ways and Means Committee Co-Chairs Issue Proposed Budget Bill
April 5, 2011. The Co-Chairs of the Joint Committee on Ways and Means have released a proposed budget that they consider will address the state's budget gap.
   Read the Ways and Means Co-Chair's Proposal.

Governor Announced Department Heads
February 18, 2011. Governor Kitzhaber has announced the list of those to head state agencies in his administration. These appointments complete the separation of the Oregon Health Authority and Department of Human Services with the appointment of Erinn Kelley-Siel and Bruce Goldberg remaining as OHA head.
   Read the Governor's Press Release Announcing the Appointments.

Governor's Budget Calls for Major Reorganization of Children's Programs
February 3, 2011. In addition to the overall budget discussion following Governor Kitzhaber's delivery of his proposed budget, there is a particular focus area that he identified, not only for funding changes but also for dramatic reorganizations of programs and agencies, dealing with children, ranging from health care to education. For more specific information and links to key documents, see the Health Care, Disabilities, and Development page of this website.

Governor Kitzhaber Issues 2011-13 Budget Message
February 1, 2011. Governor Kitzhaber has released his budget documents for the 2011-13 budget.
   Read the Governor's Budget Document.
   Access the Governor's Press Release on the Budget.
   Access the Economic and Revenue Environment Document to Accompany the Governor's Budget.
   Access the Early Childhood and Family Investment Transition Report issued with the Governor's Budget.
   Access the Budget or other documents through the Oregon Budget and Management Division.

Governor Presents Deficit Reduction Plan
December 2, 2010. The governor has issued an updated version of the so-called reset plan to address the budget deficit with an eye toward the upcoming legislative session. In the document, entitled "Best Steps Forward: A Budget Balancing Path to Reset State Government and Overcome a Decade of Deficits," the governor calls for a range of spending cuts.
   Read the Governor's Press Release.
   Access the full report .

State Releases New Revenue Forecast
November 20, 2010. The Oregon Office of Economic Analysis has released the most recent revenue estimates showing that while the declines are slowing, the continuing shortfalls in revenue suggests a $3.5 billion problem in the budget for the next biennium.
   Read the Governor's Press Release.
   Access the Press Packet on the Estimates.
   Access Full Revenue Forecast.
   Access the Summary of the Revenue Forecast.
   Access PowerPoint slide presentation.
   Access the Oregon Office of Economic Analysis website.

Oregon Autism Commission Issues Report
October 26, 2010. The Oregon Commission on Autism Spectrum Disorders has released its draft report. The Commission, created by executive order, was tasked with producing a report that sets out a ten year agenda for addressing the challenges and system problems confronting those with autism spectrum disorders and their families. For the report and additional information on the commission, see the Health Care, Disabilities, and Development page of this website.

Ninth Circuit Strikes Two Oregon Statutes on First Amendment Grounds
September 21, 2010. The U.S. Circuit Court of Appeals for the Ninth Circuit has struck down on grounds of overbreadth, in violation of the First Amendment as applied to the states through the due process clause of the Fourteenth Amendment, two Oregon statues, ORS 167.054 (referred to as the "furnishing" statute) and 167.57 (referred to as the "luring" statute) which established criminal penalties for those who provide children under 13 with sexually explicit material or that provide those under 18 with descriptions of sexual conduct to lure these minors into sexual conduct. The action came in the case of Powell's Books v. Kroger, No. 09-35153.
   Read the opinion.

Ninth Circuit Rules on Tillamook Forest Water Pollution Case
August 17, 2010. A panel of the U.S. Circuit Court of Appeals for the Ninth Circuit has ruled that runoff from logging roads is a point source under the Clean Water Act and therefore a National Pollutant Discharge Elimination System permit is required to address the concern. The decision came in Northwest Environmental Defense Center v. Brown.
   Read the opinion.

Governor Delivers "Resetting Govenment" Speech
June 26, 2010. Governor Kulongoski delivered his anticipated "Resetting Government" speech to the City Club of Portland yesterday. The speech follows his creation of a "Reset Cabinet" which issued its report in May. In its press release, the group stated: "The analysis, the most comprehensive to date, reveals that Oregon will face deficits over the next ten years, rather than the surpluses projected before the recession, if state government continues to try to sustain the type and scope of services it now provides."
   Read the Governor's Resetting Government Speech.
   Access the May 2010 Report.
   Access the May 20, 2010 Press Release from the Reset Cabinet.
   Read the Governor's Executive Order Creating the Reset Cabinet.

Court of Appeals Issues Ruling on Concealed Weapons Permit Lists
June 24, 2010. The Oregon Court of Appeals has issued a ruling in Mail Tribune v. Winters, affirming a Jackson County Circuit court ruling requiring disclosure of all concealed handgun licenses issued by the Jackson County Sheriff in 2006 and 2007. Judge Wollheim wrote for the appeals court: "[W]e affirm, because the requested documents are public records and the sheriff failed to establish that the public records are exempt from disclosure. ORS 192.410-192.529; see Guard Publishing Co. v. Lane County School Dist., 310 Or 32, 39, 791 P2d 854 (1990) (disclosure of public records is the rule and public bodies must prove individualized bases for exemptions)." He added: "The sheriff has failed to satisfy his burden of producing evidence that disclosing the list of concealed handgun licenses would constitute an unreasonable invasion of an individual's personal privacy. The sheriff argues that disclosure would constitute an unreasonable invasion of privacy because (1) the purpose of obtaining a concealed handgun license is to carry a weapon without public knowledge, (2) disclosure would expose concealed handgun licensees to criminal activity by creating a 'virtual shopping list for anyone bent on the theft of handguns,' and (3) 'gun ownership is a potentially embarrassing detail of one's personal life,' Those hypothetical purposes do not satisfy the sheriff's burden of proof, because they do not establish individualized bases for nondisclosure. Put another way, the sheriff has failed to satisfy his burden because he has not connected his stated purposes with any particular individual, as required by Guard Publishing Co."
   Access the Mail Tribune v. Winters opinion.

Oregon Local Governments Hold Summer Conferences
June 13, 2010. The Oregon City/County Management Association (OCCMA) and the Oregon Association of Counties (OAC) are holding conferences at which both current challenges to local governments and professional development education will be discussed. The Oregon Association of Counties meets on June 14, 15, and 16 in Bend with a conference program focused on communication about the county, its challenges and its services entitled "Telling Your Story." The Oregon City/County Management Association conference will be held on July 13-16 and features the theme "Collaborative Leadership" with panels on such topics as "Collaborative Processes in the Community," "Collaborative Processes in the Workplace," and collaboration between local government administrators and higher education.
   Access the OCCMA Summer Conference Preliminary Program.
   Access the OCCMA Website.
   Access the OAC conference program.
   Access the Oregon Association of Counties Website.

Governor Orders Spending Cuts in the Wake of New Revenue Forecasts
May 26, 2010. The Office of Economic Analysis has issued the most recent (June 2010) revenue forecast for the state and the governor qucikly issued instructions to state agencies to implement budget cuts to address a project $560 million shortfall.
   Read the Governor's Announcement of Plans to Address Budget Shortfalls.
   Rad the Governor's comments at the Press Conference on the June Revenue Forecast.
   Access Full Revenue Forecast.
   Access the Summary of the Revenue Forecase.
   Access PowerPoint slide presentation.
   Access the Oregon Office of Economic Analysis website.

Metro Council and Counties Adopt Land Use Plan
February 26, 2010. Metro Council and Washington, Clackamas, and Multnomah counties have approved the plan for urban and rural reserves for the next 40 to 50 years. The plan sets aside 272,100 acres rural reserve limited to farmland and forest use and identify 28,100 acres for development as businesses and residential areas. This decision process is based on SB 1101 of 2007.
   Access Metro Urban and Rural Reserves website.
   Access the Metro Regional Reserves Map.
   Access Clackamas County Urban and Rural Reserves Page.
   Access the Clackamas County Planning Map.
   Access the Multnomah County Urban and Rural Reserves Page.
   Access the Multnomah County Planning Map.
   Access the Washington County Urban and Rural Reserves Page.
   Access the Washington County Planning Map.
   Read SB 1101.

FERC Refuses National Marine Fisheries Calls for More Information before Bradwood Landing LNG Terminal Final Action and Sets Deadline for Endangered Species Act Consultation
January 3, 2010. The Federal Energy Regulatory Commission (FERC) has rejected the call by the National Marine Fisheries Service of the National Atmospheric and Oceanic Administration for more information in order to determine the endangered species impact and other environmental decisions necessary before any final action can be taken on the Bradwood Landing Liquid Natural Gas Terminal project. The FERC asserted that any needed information has already been provided. It also asserted that the final Endangered Species Act consultation period has begun and must by statute end by March 8, 2010.
   The Federal Energy Regulatory Commission had previously approved the Bradwood Landing LNG terminal and pipeline project. In so doing, the commission rejected Oregon's petition for a supplemental environmental impact statement and refused requests for a full formal hearing on the decision. The license comes with 109 required conditions for mitigation of impacts. However, the matter is still open pending final resolution of such matters as the endangered species concerns expressed by NMFS.
   The postings previously made to this site with respect to the Bradford LNG proposal have been moved to just below the current item for ease of reference.
   Read the FERC Letter to NMFS rejecting call for more information.
   Read the NMFS letter to FERC.
   Read the FERC Order Approving the Project and Granting the Essential Certificates.
   Read the FERC press release.
   Access the FERC 6/8/2008 announcement and links to EIS.
   Read the FERC Environmental Impact Statement Executive Summary.
   Access the full set of EIS documents for Bradford Landing through FERC elibrary.
   Read P.L. 109-58 the Energy Policy Act of 2005.
   Access the Oregon Department of Energy Website on LNG Facility Siting.
   Access the Oregon Department of Environmental Quality Website on LNG Facility Siting.
   See Governor's 2006 Memorandum Assigning State Agency Responsibility for Work on the Issue.

District Court Rules on Forest Grove Special Education Case After Supreme Court Decision
December 14, 2009. U.S. District Judge Michael W. Mosman has ruled on remand that a family that had taken the Forest Grove school district to the U.S. Supreme Court, seeking reimbursement for private school tuition because of its failure to qualify their son for an individual education program under the Individuals with Disabilities Education Act should not receive that money. News reports indicate that while the district did not have to pay some $65,000 in tuition and fees, it has spent nearly $500,000 in litigating the case thus far. The is an indication that the family will again appeal to the U.S. Circuirt Court of Appeals for the Ninth Circuit.
   Access the opinion and order.
   Access Portland Oregonian Article on the piece by Wendy Owen.

New Oregon Health Authority and Oregon Health Policy Board Begin Work
December 3, 2009. The Oregon Health Policy Board and Oregon Health Authority have held their initial public meetings and are moving forward to implement their obligations under H.B. 2009. The members of the board have now been appointed and their bio statements are provided below. The bill called for two standing committees for the board, which are the Public Health Benefit Purchasers Committee and the Health Care Workforce which have now been appointed and information on those members is provided below. The Health Authority has produced a document on duties and reporting requirements with deadlines for implementation steps for the authority and the policy board. The governor issued an executive order in July on the transition process from the existing DHS operations to the new and separate organizations that are mandated by H.B. 2009.
   Access Executive Order 09-11 on Oregon Health Authority Planning and Implementation.
   Access "Duties and Reporting Requirements" Document.
   Access the Implementation Timeline.
   Access Oregon Health Authority Website.
   Access the Oregon Health Policy Board Website.
   Read the biographical statements on the members of the Oregon Health Policy Board .
   Access information on the OHPB Standing Committees.
   Access the Names of Members of the Public Employees Benefit Purchasers Committee.
   Access the Names of Members of the Health Care Workforce Committee.
   Access H.B. 2009.
   Access H.B. 2116.

Oregon Health Authority Announcement on Transition Rules and Procedures
November 13, 2009. The Oregon Health Authority has announced rulemaking processes for "Transition Period Roles & Responsibilities" with a hearing set for December 21, 2009 at 1:30p.m. and deadline for submission of comments as December 23, 2009 at 5:00p.m. The OHA has also announced it effort to set Procedural Rules with a hearing on December 21, 2009 at 1:30pm and comments required by December 23, 2009 at 5:00pm.
   Access the NPR for Transition Period Roles & Rules.
   Access the NPR for Procedural Rules.

CPSC Issues Notice on Recall of Children's Toy for Lead Content
November 13, 2009. The Consumer Product Safety Commission has announced a voluntary recall by the MacPherson's firm of Emeryville, CA of a product, manufactured in China, known as the Young Adult Easel. The CPSC announcement states that: "The chalkboard surface coating contains high levels of lead, violating the federal lead paint standard."
   The State of Oregon DHS has a website with information on Lead-related warnings and recalls.
   Access the CPSC Announcement.
   Access Oregon DHS Website on Lead-Related Warnings.

PEW Report Ranks Oregon Fourth in Line Behind California in List of "States in Fiscal Peril"
November 12, 2009. The PEW Center on the States has released a report entitled Beyond California: States in Fiscal Peril that ranks Oregon as fourth in line behind California in the list of states "in fiscal peril." The Report used the following criteria: "(1) high foreclosure rates; (2) increasing joblessness; (3) loss of state revenues; (4) the relative size of budget gaps; (5) legal obstacles to balanced budgets -- specifically, a supermajority requirement for some or all tax increases or budget bills; and (6) poor money-management practices.
   Access the Report.

Proposed Rules for Oregon Healthcare Workforce Database Under H.B. 2009
November 10, 2009. The Office of Oregon Health Policy and Research of DHS has issued a notice of proposed rulemaking regarding rules to implement the Oregon Healthcare Workforce Database requirements of H.B. 2009.
   Access the Notice of Proposed Rulemaking.

Oregon Closes Last Institution for Persons with Developmental Disabilities
November 10, 2009. On October 31, Oregon closed the Eastern Oregon Training Center in Pendleton, the last of the state institutions for persons with developmental disabilities.
   Read the DHS Director's Statement on the Closure.

Governor Issues Executive Order on H1N1
November 10, 2009. Governor Kulongoski issued Executive Order 09-17 on November 4, concerning H1N1. The order authorizes the state public health director to take any of a number of steps to combat the spread of H1N1 virus in the state.
   Read the order.

New York Attorney General Files Major Antitrust Action Against Intel
November 4, 2009. New York Attorney General Andrew Cuomo has filed a major antitrust suit against Intel Corporation in U.S. District Court for Delaware. For more information and links to documents, see the Public Law, Policy, and Public Administration page of this website.

State Supreme Court Upholds Judges' Departures from Measure 11 Sentencing Requirements
September 26, 2009. The Oregon Supreme Court has issued its opinion in the consolidated cases of Oregon v. Rodriguez and Oregon v. Buck in which the court upheld the decision in each of two cases by the judge that the application of the strict mandatory sentences of Measure 11 would violate the Article I, section 16 requirement that "all penalties shall be proportioned to the offense." Writing for the Court, Justice Balmer said: "We conclude that the imposition of the mandatory 75-month sentence for first-degree sexual abuse, as applied to the facts of Rodriguez's and Buck's offenses, would violate the constitutional requirement that the penalty be proportioned to the offense." Chief Justice De Muniz issued an opinion concurring in part and dissenting in part that was joined by Justices Gillette and Walters.
   Read the opinion.

Legislature Passes 2009-11 Budget
July 1, 2009. As it ended its 2009 session, the Oregon legislature passed the 2009-11 budget with two bills, H.B. 3199 and H.B. 5054.
   Access H.B. 3199.
   Access H.B. 5054.

Governor Signs Education Legislation
June 15, 2009. The governor has signed H.B. 2599, requiring more policy development and enforcement action by school districts in matters or bullying, and H.B. 2509, which mandates that sex education that is age appropriate is included in health instruction in schools.
   Access H.B. 2599.
   Access H.B. 2509.

State Legislature Passes Tax Bills
June 12, 2009. The state legislature has now passed H.B. 2649, dealing with tax increases on personal income tax for higher wage earners, and H.B. 3405 dealing with corporate taxes. These measures now go to the governor for signature.
   Access H.B. 2649.
   Access H.B. 3405.

Legislature Passes Health Care Bills
June 12, 2009. The Oregon legislature has passed H.B. 2116 designed to increase the number of children covered under state health care programs and provide for revenue measures to support that program and H.B. 2009 which reorganizes health care administration and deals with insurance premium rates. The bills are much more complex than this brief comment suggests. The governor has lauded both measures and his signature is expected shortly.
   Access H.B. 2009.
   Access H.B. 2116.

Office of Economic Analysis issues Latest Economic and Revenue Forecasts
    Access the OEA Website
    Access the State Economic Forecast.
    Access the State Revenue Forecast.

Supreme Court Hears Forest Grove IDEA Challenge
April 28, 2009. The Supreme Court has heard oral argument in a case from Forest Grove, Oregon in which a family sought reimbursement for tuition for sending their child to a private school. The district argued that the family had acted unilaterally and in the absence of a finding of eligibility for IDEA related services. The parents contended that they had repeated tried to get the district to recognize and address their son's disabilities. For more information and links to the briefs and oral argument transcript, go to the Health Care, Disabilities, and Development page of this website.

Columbia County Circuit Court Issues Ruling Against Implementation of Measure 5-190
April 23, 2009. Columbia County Circuit Court Judge Ted E. Grove issued a final ruling declaring Columbia County Initiative Measure 5-190 entitled "Employment of Unauthorized Aliens" void and unenforceable on grounds of federal preemption. He has issued a preliminary injunction earlier on the validity of initiative passed by voters in 2008. The case was brought as a petition for validation by the County Commissioners. The petition asked the court to determine whether "Ordinance No. 2008-6 is subject to invalidation on account of unreasonableness, procedural error in adoption, or conflict with paramount state law or constitutional provision" under ORS 203.060. The injunction is posted below. The ordinance and related documents provided to the court in this proceeding are posted on the Measure 5-190 page of the Columbia County Commission website.
   Also, the Northwest Workers' Justice Project and Oregon ACLU also filed a suit on behalf of a group of Columbia County citizens and business people challenging the ordinance styled Abbott v. Columbia County The complaint in that suit is posted below. Because he declared the enactment void, he dismissed the other issues as moot.
   Read the final ruling.
   Read the Preliminary Injunction.
   Read the Columbia County Commissioners petition for Validation.
   Access related documents on the Measure 5-190 page.
   Read the Complaint filed by the Northwest Workers' Justice Project and ACLU on behalf of Columbia County Residents Challenging the measure and related ordinance.

State Legislature Revises Ethics Disclosure Law
April 15, 2009. Reacting to complaints about the previous ethics law that many local volunteer officials considered excessively intrusive and burdensome and not really relevant to their offices or their actions, the state legislature has adopted SB 30 which reduces some reporting requirements and makes other changes. The governor has not yet signed the legislation into law.
   Access SB 30.

House Joins Senate in Passing Public Lands Bill
March 25, 2009. The House of Representatives has joined the Senate and approved H.R. 146, commonly known as the lands bill. It is a very large omnibus bill that consolidates a large number of pieces of legislation, including legislation that has been pending for some time with respect to lands in Oregon. The current bill is an amendment in the nature of a substitute and now carries the short title "Omnibus Public Lands Management Act of 2009." NOTE: This is a very large bill and therefore a large .pdf file.
   Access H.R. 146.

Ninth Circuit Upholds National Marine Fisheries Service Treatment of Wild and Hatchery Spiecies under the Endangered Species Act
March 17, 2009. A panel of the U.S. Court of the Appeals for the Ninth Circuit has upheld National Marine Fisheries Services policies concerning the treatment of wild versus hatchery fish under the Endangered Species Act against challenges by Trout Unlimited and the Building Industry Association of Washington.
   Read the opinion in Trout Unlimited v. Lohn.

State Legislature Approves 07-09 Budget Reductions
March 6, 2009. The budget cut package for the FY 07-09 budget has now passed the state legislature and will be signed by the governor soon. The cuts were contained in two bills, SB 5552 AND SB 581. A summary of the cuts has been provided by the Legislative Fiscal Office along with a set of decision principles from the LFO and the committee.
   Read SB 5552
   Read SB 581
   Access the Legislative Fiscal Office "Rebalance Plan."
   Access "Budget Reduction Review Principles" from the Legislative Fiscal Office and Joint Committee on Ways and Means.

Federal Courts Reject Efforts to Block Sea Lion Control Plan
February 27, 2009. Federal District Judge Michael W. Mosman has rejected efforts to block implementation of the sea lion control plan intended to protect endangered salmon in the Columbia river. His opinion in Humane Society v. Gutierrez, CV 08-357-MO, rejected a call for summary judgment by the Humane Society which argued that the plan to capture and either relocate or euthanize sea lions found to be problems for salmon protection was arbitrary and capricious in violation of the Administrative Procedure Act, that it lacked a full environmental impact statement under the National Environmental Policy Act, and that it violated the Marine Mammal Protection Act.
   A panel of the U.S. Court of Appeals for the Ninth Circuit refused the request by the Humane Society for a stay pending appeal writing that: "Given the narrow and deferential standard of review, and the district court's well-reasoned decision granting summary judgment to appellees, we conclude that appellants have not met their burden of demonstrating a likelihood of success on the merits. They therefore fail to meet the threshold for a stay pending appeal." Slip opinion at 3.
   Access the District Court Opinion and Order.
   Access the Opinion of the Ninth Circuit.

Senate Passes Tort Liability Amendments
February 27, 2009. The Senate has passed SB 311 which amendments the Oregon Tort Liability Act and has sent the bill to the House. The legislation resulted in part from the Oregon Supreme Court's ruling in Clarke v. OHSU, striking down the liability limits in the act as applied in that case as a violation of Article I, Section 10 of the Oregon Constitution.
   While the focus of the amendment effort has focused on the discussion of Oregon Health & Science University, the amendments to the act speak in Section 3 to suits against "the state, or against an officer, employee or agent of the state acting within the person's scope of employment or duties." Section 4 addresses suits against "a local public body, or against an officer, employee or agent of a local body acting within the person's scope of employment duties."
   Read Senate Bill 311.
   Read the opinion in Clarke v. OHSU.

Governor Signs State Stimulus Package
February 6, 2009. The Oregon legislature has passed a stimulus package which was promptly signed into law by the governor. Senate Bill 338 is the stimulus bill itself, while SB 5543 and SB 5562 provide the bond authorizations required by the package.
   Read Senate Bill 338.
   Read Senate Bill 5563.
   Read Senate Bill 5562.

Columbia County Circuit Court to Hear Measure 5-190 Immigration Case
January 29, 2009. The Columbia County Circuit Court is scheduled to hear arguments on January 30 on the validity of Initiative Measure 5-190, the "Employment of Unauthorized Aliens" initiative passed by voters in 2008. The case was brought as a petition for validation by the County Commissioners. The petition asks the court to determine whether "Ordinance No. 2008-6 is subject to invalidation on account of unreasonableness, procedural error in adoption, or conflict with paramount state law or constitutional provision" under ORS 203.060. The ordinance and related documents provided to the court in this proceeding are posted on the Measure 5-190 page of the Columbia County Commission website.
   Also, the Northwest Workers' Justice Project and Oregon ACLU have filed a suit on behalf of a group of Columbia County citizens and business people challenging the ordinance styled Abbott v. Columbia County The complaint in that suit is posted below.
   Read the Columbia County Commissioners petition for Validation.
   Access related documents on the Measure 5-190 page.
   Read the Complaint filed by the Northwest Workers' Justice Project and ACLU on behalf of Columbia County Residents Challenging the measure and related ordinance.

Health Policy Legislation Introduced as Legislature Begins Work
January 16, 2009. Two significant pieces of health related legislation have been introduced as the Oregon legislative session gets underway. The first, H.B. 2009, is a broad proposal for health care reform. The second, H.B. 2347, addresses a variety of issues associated with the powers of clinician regulatory bodies. [NOTE: H.B. 2009 is a large file and may take some time to download.]
   Read House Bill 2009 as introduced.
   Read House Bill 2347 as introduced.

Governor Kulongoski Delivers the 2009 State of the State Address
January 13, 2009. Governor Kulongoski has delivered his 2009 State of the State address as the 75th Legislative Assembly began work for the session.
   Read the State of the State Address for 2009.

Governor Kulongoski Announces Budget Proposal
December 1, 2008. Governor Kulongoski has announced his proposed budget for the 2009-2011 period. The presentation, entitled "A Budget for Progress in Challenging Times," lays out the overall expectations with some detail. The links below go to the budget summary, the agency by agency information, and the governor's press release.
   Read the budget summary.
   Read the detailed budget information, agency by agency.
   Read the Governor's press release on his address and the proposed budget.

U.S. Supreme Court Rejects Oregon Public Employee Equal Protection Argument
June 15, 2008. Writing for a 6-3 majority, Chief Justice Roberts ruled against an equal protection argument under the Fourteenth Amendment and, in so doing, ruled out a class of employee suits. He explained that: "The question in this case is whether a public employee can state a claim under the Equal Proection Clause by alleging that she was arbitrarily treated differently from other similarly situated employees, with no assertion that the different treatment was based on the employee's membership in any particular class. We hold that such a 'class-of-one' theory of equal protection has no place in the public employment context." Engquist v. Oregon Department of Agriculture, Slip Opinion, at 1. The three dissenters, in an opinion by Justice Stevens, warn that the majority opinion "carves a novel exception out of state employees' constitutional rights." Stevens, J., dissenting, Slip opinion, at 1. "Today," Stevens wrote, "the Court creates a new substantive rule excepting state employees from the Fourteenth Amendment's protection against unequal and irrational treatment at the hands of the State. Even if some surgery were truly necessary to prevent governments from being forced to defend a multitude of equal protections 'class of one' claims, the Court should use a scalpel rather than a meat-axe." Id., at 2.
   Read the Engquist v. Oregon Department of Agriculture opinion.

National Marine Fisheries Service Grants Partial Approval to Northwest States' Request to Eliminate Some Columbia River Sea Lions to Save Salmon
March 19, 2008. The National Marine Fisheries Service has partially granted the request for Northwest states in the Columbia basin to kill some sea lions that are feeding on protected salmon on a number of conditions. The approval letter and Federal Register notice are provided below.
   Read the National Marine Fisheries Service Letter of Approval.
   Read the National Marine Fishies Notice of Partial Approval Federal Register Language.

Oregon Attorney General Refuses Request to Disclose Contract Financial Information for Athletic Products Contracts
March 4, 2008. On February 25, 2008, the Oregon Attorney General's office refused a public records request for disclosure by Oregon State University and the University of Oregon of "information pertaining to the amount of money the Universities' athletic departments receive from their respective media and marketing agreements" on grounds that the information requested constitutes "trade secrets" exempt from disclosure.
   Read the Attorney General's Office Letter via Oregonlive.com.

U.S. District Court for the District of Oregon Lifts Stay and Allows Domestic Partnerships to Proceed
February 5, 2008. Judge Mosman of the U.S. District Court for the District of Oregon issued a ruling from the bench in Lemon v. Bradbury, lifting his stay and allowing domestic partnerships to proceed in the state. The case was a challenge to the state's ballott signature verification process brought by parties whose ballott measure aimed at blocking the partnerships had been disqualified. In an unusual action, the judge ordered the transcript of his opinion from the bench to be published as a written opinion.
   Read the opinion in Lemon v. Bradbury.

Oregon Supreme Court Rules on OHSU Liability Cap
January 8, 2008. The Oregon Supreme Court has issued its long awaited ruling in the case testing the validity of the Oregon Tort Claims Act liability cap asserted by Oregon Health Science University. The provision was challenged under Article I, Section 10 of the state constitution. The Court had refused in 2002 to strike down the liability limit on a challenge to the facial validity of the statute, but left open the question whether it might be unconstitutional as applied in particular settings. In the present case against OHSU, the Court indeed found that the limit violates the so-called Remedy clause of the Oregon Constitution.
   Read the opinion in Clarke v. OHSU.

FERC Issues Environmental Impact Statement on Klamath River Dams
November 17, 2007. The Federal Energy Regulatory Commission (FERC) has issued a final Environmental Impact Statement on Klamath River dams which requires some mitigation efforts to deal with burdens on fish populations, but concludes: "Based on our detailed analysis of the environmental benefits and costs associated with the five action alternatives considered in detail in this FEIS, we conclude that the best alternative for the Klamath Hydroelectric Project would be to issue a new license consistent with the environmental measures specified in the Staff Alternative." See site below for quote and full report. (Note: the website announces the report, but the links to the individual parts of the report are at the bottom of the page.)
   Read EIS.
   Read EIS Executive Summary.

Executive Order Places Constraints on Documentation Required for Drivers Licenses
November 17, 2007. Governor Kulongoski has issued an executive order, 07-22, that places controls on documents required for issuance of drivers licenses. (NOTE: The order was issued November 16, but has not yet been posted on the Governor's "Executive Orders" website. However, it is available through the DMV site at the link below.}
   Read Executive Order 07-21.
   Governor's Press Release on EO 07-21.

U.S. Ciruit Court of Appeals Rejects Federal Government Response to Threatened Columbia River Salmon under the Endangered Species Act
April 10, 2007. The U.S. Circuit Court of Appeals for the 9th Circuit has rejected a federal government challenge to a district court order in the continuing litigation over steps to be taken by the Federal Columbia River Power System (FCRPS) to ensure the survival and recovery of salmon species in the Columbia and Snake rivers. The three judge panel of the 9th Circuit affirmed the U.S. District Court for the District of Oregon's ruling that rejected the the National Marine Fisheries Service's (now NOAA Fisheries) Biological Opinion 2004 and the orders issued for actions to be taken by the agencies to come into compliance with the ESA. Using unusually strong language, the panel concluded that: "At its core, the 2004 BiOp amounted to little more than an analytical slight of hand, manipulating the variables to achieve a 'no jeopardy' finding. Statistically speaking, using the 2004 BiOp's analytical framework, the dead fish were really alive. The ESA requires a more realistic, common sense examination. For these reasons, the district court's rejection of the 2004 BiOp's jeopardy analysis was entirely correct." National Wildlife Federation v. National Marine Fisheries Service, Slip Opinion, at 4026.
   Read the National Wildlife Federation v. National Marine Fisheries Service opinion.

Governor Issues Executive Order to Address Coordination in Search Issues Based on Kim Search Report
January 23, 2007. Governor Kulongoski has issued Executive Order 07-01 creating a state Search and Rescue Task Force in the wake of the Office of Emergency Management report on the Kim rescue effort to determine whether new legislation or other policy changes are needed to enhance coordination and search and rescue effectiveness.
   Read Executive Order 07-01.
   Read the Kim Search Chronology.

Senator Wyden Proposes National Health Care Policy
December 14, 2006. Senator Ron Wyden (D-OR) has announced a broad new national health policy proposal that he has entitled the Healthy Americans Act to be introduced in the new Congress. In announcing the proposal, Wyden indicated that the plan will "guarantees private health care coverage that cannot be taken away for all Americans; provides benefits for all Americans equal to those of Members of Congress; provides incentives for individuals and insurers to focus on prevention, wellness and disease management; provides tough cost containment and saves $1.48 trillion over 10 years; and is fully paid for by spending the $2.2 trillion currently spent on health care in America." Press Release at URL below.
   Read the press release.
   Read the "Cost and Coverage Estimates" for the Wyden proposal.
   Read the Full Text of the proposed Healthy Americans Act
   Read a "Section by section explanation of the legislation."

Oregon Senate Interim Commission on Health Care Access and Affordability Announces Plan to Introduce a Comprehensive Health Plan for the State in the Upcoming Legislative Session
December 14, 2006. The Senate Interim Commission on Health Care Access and Affordability created by Oregon Senate President Peter Courtney held a news conference recently to announce a plan for a comprehensive health care program for the state. A formal report has not yet been issued, but members of the commission announced that a bill would be forthcoming in time for the upcoming state legislative session.
   Read Senator Courtney's Release at Creation of the Interim Commission.
   Read the Portland Oregonian article announcing the Commission's proposal.

Governor Kulongoski Announces 2007-09 Budget Proposal
December 4, 2006. Governor Kulongoski has announced his proposal for the 2007-09 budget.
    Access the Budget Summary for 1007-09
    Access the Full Range of Revenue Estimates, Spending Proposals, and Agency by Agency Elements of the Governor's Budget Proposal

Legislative Reform Commission Presents A Blueprint for a 21st Century Legislature
December 2, 2006. The Public Commission on the Oregon Legislature was created with the enactment of Senate Bill 1084 to examine the organization and operations of the Oregon legislature, a task that had not been undertaken since 1974. The report, entitled A Blueprint for a 21st Century Legislature, contains a variety of significant recommendations and is available in both a full pdf file and section by section in html.
    Access the full report in pdf.
    Access the Report Section by Section in html.

Ninth Circuit Rejects Challenge to 2003 PERS Changes
October 27, 2006. Employees who attempted unsuccessfully to challenge changes to the Public Employees Retirement System (PERS) program recent lost once again as the United States Circuit Court of Appeals for the Ninth Circuit rejected the challengers' claim that the 2003 changes constituted an impairment of the obligations of contract in violation of the U.S. Constitution. The Ninth Circuit panel concluded: "Having considered the Oregon Supreme Court's detailed analysis of the terms of the Employees' statutorily created PERS contract, we conclude, as did the Oregon Supreme Court in Strunk, that the Employees' PERS contract does not contain the promises urged by the Employees. Accordingly, the 2003 legislation does not impair a term of the Employees' PERS contract and, therefore, does not violate the federal Contract Clause." Robertson v. Kulongoski, No. 04-35898, Slip Opinion at 12.
    Access the .

GAO Issues Report on Program Development in the Aftermath of the Biscuit Fire
October 5, 2006. Although the debate over the federal government actions in the wake of the Biscuit Fire, the U.S. Government Accountability Office has issued a report in response to a requests from Senators.
    Access the GAO Report.

Oregon Department of Human Services Issues Medicaid Citizenship Verification Policy
August 8, 2006. The Oregon Department of Human Service has issued policy guidance to Medicaid services as to the way in which the citizenship verification requirements of the Deficit Reduction Act will be implemented in the state beginning on September 1, 2006. (CAF -- Children, Adults, and Families] [SPD Seniors and People with Disabilities]
    "CAF Child Welfare Policy and Procedures."
    "CAF Self-Sufficiency Policy and Procedures".
    "SPD Policy and Procedures."
    " Process Flow Chart."
    "Questions and answers."

U.S. Supreme Court Strikes U.S. Attorney General's Attempt to Block Oregon Death With Dignity Statute
January, 17, 2006. In a 6-3 opinion authored by Justice Anthony Kennedy, the Supreme Court today rejected the Bush administration's efforts to block the Oregon Death With Dignity statute. Chief Justice Roberts and Justices Scalia and Thomas dissented.
   Read the Opinion.

Oregon Supreme Court Speaks in Ongoing National Discussion as to What Can and Cannot be Contracted-Out.
October 13, 2005. The Oregon Supreme Court has offered its own opinion to the ongoing national discussion of what public positions and activities can and which cannot be outsourced. In Walter v. Scherzinger,the Court ruled against a 2002 decision by Portland school authorities to hire a contract firm to replace janitors in its operations based upon a 1937 statute defining the positions and the processes for hiring those who would fill them. "We conclude that, when the 1937 legislature defined custodians and assistant custodians as 'employe[e]s,' it intended to define the legal status of those workers. That definition served to facilitate the civil service board's control over that workforce. Finally, ORS 242.520(1) requires the district to employ custodians pursuant to the terms of the CCSL." Lower courts had upheld the city school district action.
    Read the Opinion.

Ninth Circuit Upholds Court Order to Increase River Flow to Protect Salmon
July 26, 2005. A panel of the U.C. Circuit Court of Appeals for the Ninth Circuit has rejected challenges to the preliminary injunction issued by Federal District Judge James A. Redden, though the appeals court did remand the case for possible modifications to Redden's order in light of changes that may have taken place since it was originally issued. Redden's order was the second of two recent opinions rejecting water flow and other salmon recovery plans in light of the requirements of the Endangered Species Act. The case, National Wildlife Federation v. Oregon, requires further development of plans with more attention to adequate water flows with respect to the operation of key dams.
   Read the Ninth Circuit ruling.
   Read the Opinion

Attorney General Issues Opinion on Access to and Control of Oregon Waterways
    April 21, 2005. Oregon Attorney General Hardy Myers today issued an opinion responding to three questions posed by the State Lands Commission. The Attonrye General Wrote: "1. The United States Supreme Court's Articulation of the criteria for determining state ownership of waterways has been clarikfied over time. At statehood, the state acquired (with few exceptions) all waterways that were tidally-influenced or that satisfied the federal test of title navigability. Federal and state law limit the discretion of the state to alienate its ownership, to the extent that doing so would interfere with the public use of the waterway for vavigation, commerce, recreation or fisheries. 2. even if the bed of a waterway is privately owned, the waterway may be used by the public for certain purposes if it meets the state test of navigable-for-public-use (the "public use doctrine.") A waterway is navigable-for-public-use if it has the capacity, in terms of length, width and depth, to enable boats to make successful progress through its waters. If a privately owned waterway meets this test, the lawful public uses generally include navigation, commerce or creation. Recreation in this case includes use of small boats for pleasure and fishing, as well as swimming. The public may use the land adjacent to a waterway that is navigable-for-public-use as long as the use of the adjacent land is 'necessary' to the lawful use of the waterway. 3. Generally speaking, the public may use state-owned waterways for any use not otherwise unlawful. However, unless state ownership has been confirmed by a judicial decree or the Board under ORS 274.400 et se., persons who use a waterway beliving it to be state-owned incur the risk that it will be held to be privately owned and that their use will constitute a trapass -- unless their use is authorized by the public use doctrine." This opinion comes in the context of an ongoing dispute between land owners and waterway user groups.
    Read the Attorney General's Opinion in Full

Oregon Supreme Court Rejects Same-Sex Marriage
    April 14, 2005. The Oregon Supreme Court today issued a ruling in Li v. Oregon, S51612, reversing a lower court ruling and rejecting gay and lesbian marriages. The Court concluded: "First, since the effective date of Measure 36, marriage in Oregon has been limited under the Oregon Constitution to opposite-sex couples. Second, Oregon statutory law in existence before the effective date of Measure 36 also limited, and continues to limit, the right to obtain marriage licenses to opposite-sex couples. Third, marriage licenses issued to same-sex couples in Multnomah County before that date were issued without authority and were void at the time that they were issued, and we therefore need not consider the independent effect, if any, of Measure 36 on those marriage licenses. In short, none of plaintiffs' claims properly before the court is well taken. Finally, the abstract question whether ORS chapter 106 confers marriage benefits in violation of Article I, section 20, of the Oregon Constitution is not properly before the court."
    Read the Opinion

U.S. Supreme Court Agrees to Review Oregon Death With Dignity Act
    February, 22, 2005. Just as he was resigning as U.S. Attorney General, John Ashcroft sought review by the U.S. Supreme Court of the Ninth Circuit ruling rejecting Bush administration efforts to block Oregon's death with dignity law. The Supreme Court today granted certiorari in No. 04-643, Gonzales v. Oregon. The Court will likely not hear the case until at least next October when it begins it new term. The Ninth Circuit issued its ruling in May 2004 in Oregon v. Ashcroft, 368 F.3d 1118 (9th Cir. 2004).
    Read the Ninth Circuit Opinion

Governor Kulongoski Presents His State of the State Address to the Legislature
    Governor Kulongoski presented his 2005 State of the State Address on January 10, indicating his intention to work through a challenging year, both in terms of meeting the 1 billion dollar budget gap without new taxes and simultaneously addressing stresses on the state that he sees coming from Washington, D.C. on a number of fronts.
    Read the Governor's State of the State Address for 2005

Governor Ted Kulongoski Announces the His 2005-2007 Budget Proposal
    Governor Kulongoski announced his proposed 2005-2007 on December 1, 2004. He candidly indicated that the $41,962,800 expenditure plan does not provide as much funding in a number of areas as he would like to see, but insisted that the development of sustainable financing for state programs is a priority.
    Access the Budget Documents

2004 Election Results, Including Statewide Measures

State Pharmacy Board Issues Temporary Rule on Pseudoephedrine Products
    The governor's request for action by the state pharmacy board was successful when, on October 13, 2004, the board issued a temporary rule placing a variety of restructions on the sale of products containing pseudoephedrine as the active ingredient. The purpose of the effort was to make it more difficult for manufacurers of methamphetamine to obtain necessary materials.
    Download the Rule and Rule Summary

Governor Asks Pharmacy Board to Issue Emergency Rules on Drugs Linked to Methamphetamine

Budget and Finance Information

Governor's FY 2021-2023 Budget Proposal
    Access the Budget as Presented by the Governor for 2021-23.

Legislatively Adopted FY2013-2015 Budget
    Budget Summary 2021-23 Legislatively Adopted Budget.
    Legislatively Adopted Budget 2021-23.

State Tax Expenditure Report 2021-23
    Access the Full Report.
    Access the Tax Expenditures by Subject Area.
    Access the List of Tax Expenditures in Excel format.

State Revenue and Economic Forecasts: Office of Economic Analysis
    Access the OEA Website
    Access the State Economic Forecast.
    Access the State Revenue Forecast.

Legislative Fiscal Office
    Home Page.

Oregon Chief Financial Officer
    Home page.

Oregon State Government Audit Reports
    Secretary of State audits by agency search page

Oregon Local Government Comprehensive Financial Reports (CAFRs) Required by ORS 297.425.
    Secretary of State local government audits search page

Oregon General Information

State of Oregon
    State Government Site

Office of the Governor of Oregon

"State Agencies A-Z"

Oregon Bluebook:
   Oregon Blue Book is the official state directory and fact book about all levels of government in Oregon.

Oregon State Government Telephone and Employee Directory

Oregon Cities and Towns
    League of Oregon Cities City Directory
    Agape Center City Kink List

Oregon City/County Management Association
    OCCMA Homepage

League of Oregon Cities
    LOC Homepage

Association of Oregon Counties
    AOC Homepage

Nonprofit Association of Oregon
    NAO Homepage

Special Districts Association of Oregon

Oregon State Procurement Office
   What had been known as the ORPIN online portal for state contracting has been replaced as of July 1, 2021 by OregonBuys.
    Access the Oregon Department of Administrative Services "Procurement" website.
    Access OregonBuys e-procurement system.
    Access the Oregon Department of Administrative Services Webpage on Contingency Contracting for Emergencies.

Oregon Municipal Finance Officers Association

Oregon Department of Human Services Contracting

Oregon Weather

Oregon Maps
    Oregon Department of Transportation Detailed Maps

Oregon State Tourism Site
    Travel Oregon

The "Nine States of Oregon" Series

The Portland Oregonian's "The Nine States of Oregon" Series
    The Oregonian has republished the Nine States of Oregon on the OregonLive Site.
    9 States of Oregon: Cowboy Country.
    9 States of Oregon: Portlandia.
    9 States of Oregon: the Coast.
    9 States of Oregon: Southern Oregon.
    9 States of Oregon: Central Oregon.
    9 States of Oregon: Columbia Corridor.
    9 States of Oregon: Timber Country.
    9 States of Oregon: The Valley.
    9 States of Oregon: Edutopia.
    View the 9 States of Oregon Map.
    Access the Index Webpage for the series on OregonLive as Republished.

Oregon News Media

Ashland Tidings

Daily Astorian

Baker City Herald

Bend Bulletin

Corvallis Gazette-Times

Eugene Register Guard

Grants Pass Daily Courier

LaGrande Observer

Medford Mail Tribune

Portland Oregonian

Salem Statesman Journal

Public Broadcasters

Oregon Public Broadcasting

Native American Tribes and Nations

Burns Paiute Tribe

Confederated Tribes of Coos, Lower Umpqua, and Siuslaw

Confederated Tribes of Grand Rhonde

Confederated Tribes of Siletz

Confederated Tribes of Umatilla Indian Reservation

Confederated Tribes of Warm Springs

Coquille Indian Tribe

Cow Creek Bank of Umpqua Tribe of Indians

The Klamath Tribes

Oregon Legal Materials

Oregon Constitution
    Access the Constitution through the State Legislative Site

Oregon Revised Statutes (O.R.S.) and Session Laws
    Access the ORS.
    Access the Session laws.

Oregon Legislature
    Bills and Bill Tracking
    Track bills through the Oregon Legislature Site.
    "How to Compile an Oregon Legislative History" The Paul L. Boley Law Library of Lewis & Clark Law School.
    Access the guide.

Oregon Administrative Rules
    Current Rules Search
    Oregon Administrative Procedure Act

Oregon Bulletin
    Oregon Bulletin Current (2017 and After)
    Oregon Bulletin Archives (2016 and Before)

Oregon Executive Orders
    Executive Orders Issued by the Governor
    Access Executive Orders by Year.

Oregon Attorney General Opinions
    Legal Opinions Issued by the Attorney General

Oregon Public Contracting Code and Rules
    Oregon State Public Contract Code (ORS 279) and Oregon Department of Administrative Services State Contracting Rules
    Access the Oregon Public Contracting Code with Statutes and Regulations.
    Oregon Qualified Rehabilitation Program Statutes and Rules
    Access the statutes, rules, and FAQs about the program.

Oregon City Ordinances
    City Ordinances via LOC.

Oregon Basic Statutes on Local Government
    Special Districts
    Intergovernmental Agreements

Oregon Supreme Court Opinions
    Oregon Supreme Court via Judicial Department site

Oregon Court of Appeals Opinions
    Oregon Court of Appeals via Judicial Department Site

Federal Courts with Jurisdiction Over Oregon
    Access the U.S. District Court for the District of Oregon Notable Rulings (The posts some notable rulings. Others may be accessed through the PACER system for those with accounts.)
    Access the U.S. Court of Appeals for the Ninth Circuit Opinions

General Legal Research Sites -- Oregon

Legal Dictionary -- Find Law.com

"Oregon Legal Research Guide," The Paul L. Boley Law Library of Lewis & Clark Law School
   Website with a variety of resources on researching Oregon law.

"Oregon Legislative History Research: Start Here," The Paul L. Boley Law Library of Lewis & Clark Law School
   Website that Guides Legislative History Research for Oregon Statutes.

Legislative History Guides for All 50 States
   Compiled by the Law Library of the Maurer School of Law, Indiana University

Oregon Congressional Delegation

District 1. Representative Suzanne Bonamici, D.

District 2.Representative Cliff Bentz, R.

District 3.Representative Earl Blumenauer, D.

District 4. Representative Val Hoyt, D.

District 5. Representative Chavez-DeRemer, R.

District 6. Representative Salinas, D.

Senator Ron Wyden, D.

Senator Jeff Merkely, D.