gun control

Deal Ends Senate Walkout, Lets Student Success Act Pass

After massive demonstrations and a Senate Republican walkout, Governor Brown stepped in to cut a deal that allowed Senate passage of the Student Success Act at the expense of two other high-profile bills – eliminating non-medical exemptions for vaccinations and strengthening gun laws. The deal annoyed some and didn’t produce any Republican votes for the education funding measure. (Photo Credit: AP/Rich Pedroncelli)

After massive demonstrations and a Senate Republican walkout, Governor Brown stepped in to cut a deal that allowed Senate passage of the Student Success Act at the expense of two other high-profile bills – eliminating non-medical exemptions for vaccinations and strengthening gun laws. The deal annoyed some and didn’t produce any Republican votes for the education funding measure. (Photo Credit: AP/Rich Pedroncelli)

The Oregon Senate, on a party-line vote, finally approved the $1 billion per year Student Success Act after Governor Brown negotiated a deal that scuttled high-profile vaccination and gun control legislation.

Senate Republicans ended their walkout that denied Democrats a quorum to conduct business on the Senate floor, delaying the approval of the education funding measure that was a top priority for the 2019 legislative session. But it wasn’t the only top priority and Democratic champions of the sacrificed measures expressed anger and frustration publicly. 

Republicans weren’t celebrating a victory. House Democrats were irate. Democratic Senator Betsy Johnson, the 18th vote to ensure passage of the Student Success Act, declared her vote was conditioned on leadership promises to approve substantial PERS reform legislation. If PERS reform legislation doesn’t pass, Johnson vowed to support and campaign for a voter referral of the business tax that will pay for Student Success education investments.

The deal reportedly only scuttles the vaccination and gun control bills for this session. They are expected to return – and most likely pass – in the 2020 legislative session, which begs the question of what was actually won and lost as a result of the deal.

The Student Success Act was destined to pass, despite the Republican walkout, as even GOP senators conceded. Senators couldn’t remain absent for the rest of the session. Senate Democratic leaders could have outlasted the walkout. They might have won public sympathy by ordering the State Police to round up at least two senators to reach a quorum, an action that was seriously considered.

Commanding the State Police to corral senators would have required permission of Governor Brown. She had other ideas and took the lead on Sunday evening to cut the deal that ended the walkout and put a stake into the vaccination and gun control bills. Democratic lawmakers weren’t active participants in the negotiations, based on their reactions in media interviews.

Speculation in Salem is that a robust quarterly economic forecast due out on Wednesday may have prompted Brown’s move to take over the negotiations. Increasing state tax revenues – and a larger personal income tax kicker – may have complicated the narrative around the need for a new tax incorporated in the Student Success Act.

If Senate Republicans couldn’t declare victory with a straight face, the “winner” may have been their tactic. Holding the Senate hostage worked and will likely embolden future legislative minorities to adopt the same hostage-taking tactic. It could even happen this session in the House. 

The “loser” may be legislative leaders who were undercut by a governor brokering a deal. Sometimes lawmakers ask governors to broker deals. But legislative leaders need to retain the ability to work out arrangements across a wider spectrum of legislative issues. This deal short-circuited two bills whose sponsors said their bills had the votes to pass in the Senate.  

Another "loser" may be businesses relying on Senate Republican leadership to protect their interests by stopping the revenue mechanisms contained in HB 3427 and HB 2020's cap and trade bill. Businesses may be upset that Republicans traded away opportunities to reduce the financial impacts from those two bills in an effort to stop social issues like vaccines and guns.

The political maneuvering to pass the Student Success Act this week doesn’t fully eliminate the legislation’s peril if referred to voters. A referral seems likely, even though Oregon Business & Industry, the state’s largest business lobby group, took a neutral position on the tax. Nike, which supported the Student Success Act, has already donated $100,000 to defend it if there is a referral. 

The referral may hinge on the PERS reform legislation, which has just been introduced and may be on a fast track. That legislation would stretch out the unfunded liability, providing some relief in the short term for public employers, but actually increase the liability. The most contentious part of the legislation is requiring public employees to contribute to their own PERS accounts, which could be a hard pill for some legislative Democrats to swallow.

The tax measure represented at least a two-session campaign by Senator Mark Hass to find a way to raise money for public schools while modernizing the state’s corporate tax system. The final version focuses the tax on an estimated 40,000 out of 460,000 businesses operating in Oregon, according to the Legislative Revenue Office. Hass credited Nike tax experts for providing critical assistance to fine-tune the tax proposal. A key compromise was to sequester the projected $1 billion per year in new revenue from going to PERS payments.

 

 

Short 2018 Session May Have Less Drama

No single issue is likely to dominate the Oregon 2018 legislative session that begins Monday, but lawmakers will still be busy with issues ranging from reconnecting to the federal tax code to gun restrictions. And there will be some political jockeying in advance of the Oregon primary in May and general election this fall.

No single issue is likely to dominate the Oregon 2018 legislative session that begins Monday, but lawmakers will still be busy with issues ranging from reconnecting to the federal tax code to gun restrictions. And there will be some political jockeying in advance of the Oregon primary in May and general election this fall.

Voter approval of Measure 101 and Senate Democratic cold water on cap-and-invest legislation may remove much of the anticipated drama at the 2018 Oregon legislative session, which convenes Monday. Of course, any legislative session during an election year can have outsized political tensions.

Without a focus on patching a big budget hole or trying to thread the needle for a compromise on cap-and-invest provisions, there isn’t an apparent single issue that will dominate the session with an adjournment deadline of March 11.

One of the sleeper bills likely to draw attention is legislation to connect Oregon’s personal and corporate income tax system with federal tax changes enacted by Congress late last year. Oregon lawmakers have tended to favor connecting Oregon’s tax provisions with their federal counterparts for the ease of taxpayer filing. But there may be other considerations this time around, including how the new federal limitation on state and local tax deductions will affect Oregon taxpayers.

The Oregon business community wants to see substantial progress on reducing the unfunded liability of the Public Employees Retirement System, but that appears unlikely in the short 2018 session and during an election year. Governor Brown will ask lawmakers to create an Employer Incentive Fund to provide matching money for public employers that accelerate their contributions to PERS. The pressure to act also was relieved by the Oregon State Treasury’s announcement that the PERS fund posted a 15.3 percent gain in 2017, which is good news, but not enough to stem rising costs.

Other priorities for Brown in the short session include a measure to encourage construction industry startups in rural areas that can access low-rate loans from Business Oregon to build affordable housing. Licensing requirements also would be relaxed and grants would be available to defray the costs of apprentices.

Brown wants all licensed opioid prescribers in Oregon to register with a Prescription Drug Monitoring Program to generate information about opioid use and identify illegal prescribers. Her proposal also would provide for mentors in emergency departments to counsel people who have overdosed.

Another Brown priority is to create a reverse auction for state procurement as a way to squeeze more value and less cost for state expenditures. Her concept is to generate more competition among state vendors who benefit from the $8 billion Brown says state agencies spend every biennium. 

The governor is seeking a bill to prohibit people convicted of domestic violence or stalking from purchasing firearms. Oregon lawmakers approved legislation last year to empower courts to order the confiscation of guns owned by people deemed at risk of suicide or hurting others.

Passage of Measure 101, which secures funding for Oregon’s Medicaid program through this biennium, prompted Rep. Mitch Greenlick, D-Portland, to propose a constitutional amendment that declares health care is a right of every Oregonian. He has attracted 40 cosponsors for his referral that would appear on November 2018 general election ballot.

Likely GOP gubernatorial frontrunner Knute Buehler, R-Bend, is pushing legislation to force coordinated care organizations to repay up to $74 million in Medicaid overpayments and address transparency and management issues by the Oregon Health Authority. Buehler has called for bipartisan action, but his measure will invariably have a vapor trail of politics following it.

Some familiar legislative faces will be missing. Long-time Senate Minority Leader Ted Ferrioli and Senator Richard Devlin, the Democrat’s budget guru, have moved on to appointed posts on the Northwest Power Council. Cliff Bentz, who has served in the Oregon House since the 2009 session, assumed Ferrioli’s seat and Senator Jackie Winters was chosen to succeed Ferrioli as minority leader. Rob Wagner, a Lake Oswego School Board member, was appointed to fill Devlin’s seat.