by Brian DeLashmutt

Update: February 25, 2010

The session lasted just short of four weeks as expected but many more issues were discussed than in the 2008 supplemental session. Along with the issues this session had to deal with were some more budget cuts that the 2008 session was not faced with. As a result the intensity of this session was far different that the previous "experimental" supplemental session.

The Legislature will be sending to the voters a ballot measure to establish annual sessions with the regular sessions as we have them now in the odd numbered years (limited to not more than 160 days) and the supplemental session being a part of the Oregon Constitution and being held in the even number years (with a limited time frame of not more than 35 days).

Now for the issues etc for the session:

1. The Legislature did approve SB 1007 that I spoke about last week that placed a 16 month hold on early release (earned time). As I spoke about last week this is very controversial and I suspect will be an issue for discussion again during the 2011 session.

2. The Oregon Wireless Interoperability Network (OWIN) funding has now been approved for the further build out.

   This was in doubt as I reported but the Legislature has approved the release of the funds for the build out and this should allow for Oregon to meet the 2013 deadline to complete the changeover to a narrow band system that will not only allow for the State to have a more effective system but allow for Locals to participate and communicates between systems.

   This build-out included communications systems for DOC, Oregon State Police, Dept of Forestry and DOT.

3. On the subject of budgets, the Ways and Means committee releases their suggestions of where cuts can be made to cover the budget shortfall that amounts to about 174 million for the remainder of the budget cycle and the Legislature has now acted on those suggestions.

   Some cuts were taken in Corrections, Oregon State Police and DPSST. The DOC/Corrections cuts were in the amount of 4 million and of interest to Community Corrections members and Parole and Probation members I see no suggested cuts in either of those programs.

   Cuts in Corrections were to come from Administrative cuts as well as Transitional services. Oregon State Police takes small internal cuts but the real issue of concern is a cut in DPSST. DPSST took cuts of about $900,000 and is expected to cover the loss internally without reducing classes or services.

   I think we will have to wait and see if they can do it but as for myself I think it will be very difficult given the lean nature of the budget they came out of the 2009 session with and then these cuts. DPSST says they will do it but we will have to see.

4. Another issue was a discussion of the taxation of PERS benefits for those retired employees who move out of state and still got the 9.8 % increase in benefits that was a part of a settlement for PERS benefits being taxed starting back in 1995 (prior to 1995 PERS benefits were not taxed and this added 9.8 was to make retired members whole). The issue is dead for this session but I expect it to come up in 2011.

5. A new issue (but old issue) arose in the final week of the session and while it did not come in the form of Legislation for this session I expect a number of bills on it in 2011.

   The issue I speak of is the "Use of Deadly Force by PSO" and the renewed interest in the issue comes as a result of the recent Officer involved shooting in Portland.

   While we worked with the Legislature and the Attorney General on this issue in 2003, 2005 and 2007 when a bill passed, the recent shooting has revived a call for "more reform" by some citizen groups. It is still too early to know what the supporters will be suggesting but be assured that this will be a big issue for us in the 2011 session and will be at the top of our list to deal with in that session.

Stay safe,

Brian DeLashmutt

As we reach the end of the third week, or what is suppose to be a four week session, most of the focus this week has been on budgets and I will get to that in a minute, but other items of interest have occurred. Here is the list of items from the week:

1. Early Release. The Legislature did approve SB 1007 that I spoke about last week, that placed a 16 month hold on early release. As I spoke about last week, this is very controversial and I suspect will be an issue for discussion again during the 2011 session.

2. The Oregon Wireless Interoperability Network (OWIN) funding has now been approved for the further build out. This program makes one single communication system out of the current 4 state systems (Corrections, State Police, Foretry, and DOT). This funding was in doubt as I reported last week, but the Legislature has approved the release of the funds for the build out, and this should allow for Oregon to meet the 2013 deadline to complete the changeover to a narrow band system that will not only allow for the State to have a more effective system, but allow for Locals to participate and communicate between systems.

3. On the subject of budgets, the Co-Chairs of Ways and Means have released their suggestions of where cuts can be made to cover the budge shortfall that amounts to about 174 million. Some cuts were taken in Corrections, Oregon State Police, and DPSST. The DOC/Corrections cuts were in the amount of 4 million. Cuts in Corrections were to come from Administrative cuts as well as Transitional services. Oregon State Police takes a small internal cut but the real issue of concern is a cut in DPSST. I am still looking into the cuts and what the impacts will be, but the concern is added cuts to classes etc.

4. And the final issue was a discussion of a taxation of PERS benefits for those retired employees who move out of state and still got the 9.8 % increase in benefits that was a part of a settlement for PERS benefits being taxed starting back in 1995. (Prior to 1995 PERS benefits were not taxed and this added 9.8 was to make retired members whole.) The issue is dead for this session, but I expect it to come up in 2011.

Very busy, but I think we will adjourn next week as expected and hopefully, my report next week will be my final session report until 2011.

Stay safe,

Brian DeLashmutt

February 13, 2010

Well, we now have completed our second week of what is suppose to be a four week special session.

This week we also passed one of the deadlines set for the session, that being that any legislation must be out of committee in the original chamber. In short that means any HB (House Bill, or SB Senate Bill) would need to be out of a House Committee already or it is dead for this session.

This narrows the focus on bills and the legislation left is what is expected to be moving in the Legislature.

Now for what happened this week:

1. This week House overrode the Governor's veto on our SB 897 (PERS verification). While the vote was not as one sided as it was in the Senate, we were able to get the required 2/3 vote and now it becomes law. Again this is a big issue and was a big win for us and the PERS employees groups (the PERS Coalition).

2. Speaking of PERS, the attacks continue and you may have seen a one sided Editorial in the Oregonian that also was very inaccurate. The PERS Coalition is working on an editorial response that should be in the paper in the next week or so.

3. As many of you may know, the OWIN (Oregon Wireless Interoperability Network) was funded for initial design and construction by the Legislature last session in order to meet the Federal Governments 2013 deadline for narrow banding Public Safety communications. The OWIN project combines four current state communications systems into a new system that also allows for local "buy in" or at the very least allows for interoperability between all PS agencies, state and local. This session the discussion is the continued released of the funding (via bonding) for this project. This has been a hot topic and we are spending time to make sure that the project goes ahead as planned.

4. SB 1007 was voted out of the Senate Judiciary Committee this week and was passed by the Senate floor Friday. This bill does a series of things as it relates to "earned time" including placing it on hold for the rest of 2010 and resuming it in 2011 but with a narrower list of what criminals would qualify for a hearing on earned time. The law then "sunsets" in 2013 meaning it goes back to the system before the 2009 session changes. You will recall that in 2009 the Legislature added some earned time to some criminals as a way to keep prisons open, fund Community Corrections, grants to Local law enforcement as well the OSP forensics lab that is essential for all law enforcement in this state. Again this short term adjustment to "earned time goes away in 2013 and is being adjusted for 2010-11 by this sessions actions. The result of SB 1007 B is that Oregon goes back to 20% earned time for 2010, as had been the case prior to 2009). This is a short term solution on the issue of earned time that will be revisited in 2013 and at that time will be up for rollback to some other standard, left at 20% as it was prior to 2009 and the budget crisis or any other adjustments.

   NOTE: While we fully understand that earned time is a controversial notion, SB 1007 B was needed to correct errors that occurred in HB 3508 from 2009. Another note is that politically an outright repeal of earned time or a rollback of earned time that is more restrictive that pre 2009 (like rolling it back to 15% instead of the 2009 number of 20%) was just not going to happen. The issue of "earned time" is sure to be revisited in the 2011 session and they may make more changes then but the changes in SB 1007 B were needed now in order to correct the flaws in HB 3508, put a hold on any more hearings and early releases as well as balancing the budgetary needs of the state in order to keep other PS services that all of Law Enforcement relies upon like the OSP Forensic Lab and keeping correctional facilities that were on the cut list if the legislation did not pass and SB 1007 has now corrected that flawed version.

5. From this point on the focus will be on Budgets given that the State Revenue forecast for the remainder of the 2009-2011 budget is about 106 million short of expected when the last forecast was given in December. Recall that Oregon Constitution requires a balanced budget and as a result of the shortfall this session will have to balance out that 106 million shortfall with cuts or other adjustments. This will be of interest to State Corrections, Community Corrections, and Parole and Probation.

Well that is it for now. Stay safe.

Brian DeLashmutt, Lobbyist

February 8, 2010

Clients

Just wanted to get you the most up to date info, today the Oregon House followed the Senate and and voted to override the Gov's veto on SB 897 (our PERS verification bill from 2009 session) Actually I wanted to let you know before you heard it from other sources.

This bill will now become law and the verification process goes into effect in 2011 after PERS has had a chance to upgrade IT systems to handle the process of verification.

Brian De

February 7, 2010

During this month I expect about 200 pieces of legislation and the OCPA and AOCE review those bills for impacts to AOCE and member groups. I do the first look and pull bills that may be of interest to AOCE. Then the board reviews the bills that I have pulled and they set the position/ priorities and the lobbying effort is directed by those decisions.

Now, for the week in review and what we are up to in the Capitol:

1. As many of you have read, the Oregon Senate voted to override the Governor's veto on our PERS verification bill SB 897 from the 2009 session. AOCE along with our PERS Coalition partners were able to move the override this week, and next Monday we expect the House will vote to override as well, resulting in the bill becoming law.

   Remember, among other things, this bill sets up a verification process when you are retiring from PERS, and after that process, PERS has to stand by that number they say you will receive rather than coming back at some date down the road and saying "we made a mistake and now you have to pay us back". This is a big issue and a big victory for AOCE members and all PERS members.
   
   

2. If you recall last session HB 3508 was passed by the legislature dealing with "earned time and early release."

   While passage of this bill freed up money to help pay for other Public Safety needs like keeping prisons open, community corrections, funding Parole and Probation along with OSP Troopers, the measure is up for refinement during this session.

   The discussions includes options all the way from possible repeal or restricting those that may qualify to just reducing the maximum earned time that an individual may get. SB 1007 is the bill that is being discussed on this issue and I have been involved in the hearings on this issue to see that Public Safety services are not cut, but criminals that should not be out don't get out early.
   
   

3. SB 1008 is an interesting bill that just simply cleans up an error that was made in the drafting of a bill last session, dealing with Felons' ability to apply and regain the rights to own a firearm. This bill just clarifies and restricts the circumstances in which a felon can do so.
   
   
4. This week, members were appointed and confirmed by the Senate to the BPSST to fill vacated slots on that board. This follows members being appointed to Policy Subcommittee slots a few weeks ago that were established by the passage of an OCPA/AOCE piece of Legislation in the 2009 session.
   
   
5. As many of you are seeing in the papers etc, attacks on the PERS system continue, and I am spending time in the Capitol simply explaining how the system works and that the system is sound as is and no further changes are required.

   This issue is apt to be a hot issue because of the losses experienced in the investments during 2008 and the resultant increase in employer rates that was announced last week.
   
   

6. Finally, this short legislative session will likely still need to deal with budget shortfalls even with the passage of BM 66 and 67.

   Next Monday, the state economist will deliver a new report on tax revenue to the state and I expect it to be down again by up to 80 Million or so. If that is the case the Legislature will have to re-balance the state budget and make cuts of an equal amount, and our focus will of course be to save Public Safety from any cuts.

   Well, that is it for now. Stay safe

   Brian DeLashmutt