We ask Governor Kitzhaber to veto SB 154, the bill to criminalize the initiative process in Oregon.

SB 154 transforms any violation--however minor--of any election law or rule by an initiative, referendum, or recall campaign that pays circulators into the felony of false swearing under ORS 260.715(1) with penalties per violation of $125,000 and/or 5 years in prison.

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WHAT OREGON GOVERNMENT NEEDS IS MORE NEPOTISM!

by Dan Meek

That is the message of HB 2079A, which has already passed the House and the Senate on April 15. Governor Kitzhaber has 5 days to sign or veto it.

UPDATE:  Governor Kitzhaber has signed this bill, thus allowing public officials to decide to hire their own aunts, uncles, nieces, nephews, half brothers, half sisters, stepchildren, brothers-in-law, sisters-in-law, mother-in-law, and father-in-law, without even disclosing the relationship.

My testimony against the bill as it appeared in the House is attached.  It has only gotten worse since then.

Under ORS 244.177, a public official is currently not allowed to appoint, employ, or promote a "relative" in a paid position with a "public body that the public official servers or over which the public official exercises jurisdiction or control," unless the public official does not participate in the decision to appoint, employ, or promote his or her "relative."

Oregon's nepotism restrictions currently apply to these "relatives" of a public official, under ORS 244.175(4):

(4)    “Relative” means the spouse of the public official, any children of the public official or of the public official’s spouse, and brothers, sisters, half brothers, half sisters, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, mothers-in-law, fathers-in-law, aunts, uncles, nieces, nephews, stepparents, stepchildren or parents of the public official or of the public official’s spouse.

HB 2079A substantially changes the definition of "relative" applicable to the nepotism restrictions. It eliminates from that definition the public official's half brothers, half sisters, aunts, uncles, nieces, nephews, stepchildren, brothers-in-law, sisters-in-law, mother-in-law, and father-in-law, replacing the current definition with this:

"Relative" means:

(a)    The spouse, parent, stepparent, child, sibling, stepsibling, son-in-law or daughter-in law of the public official or candidate;

                         (b)   The parent, stepparent, child, sibling, stepsibling, son-in-law or daughter-in law of the spouse of the public official or candidate;

Some dictionaries define "sibling" as including only "a person's brother or sister," not a half brother or half sister. See Collins English Dictionary (HarperCollins 2003). The new definition covers "stepsiblings," but half-siblings and stepsiblings are not the same.

I see no reason to remove half brothers, half sisters, aunts, uncles, nieces, nephews, stepchildren, brothers-in-law, sisters-in-law, mothers-in-law, and fathers-in-law from the nepotism restrictions.

Governor Kitzhaber:  Please veto this bill.

David Delk brings us this cogent summary of the latest example of the difference between Democrats and Republicans. As Ralph Nader says, it is "the velocities with which their knees hit the floor when corporations knock on their door."  The Oregon Center for Public Policy documented that the tax break Nike wants to be continued--on a guaranteed basis--reduces its Oregon state corporate income taxes by 95%.  Because the Oregon Constitution requires taxation to be uniform, this guaranteed tax break would have to apply to all corporations, at least to any corporation making a $150 million investment in Oregon property over the next 5 years.  Under the proposed bill, the contractually-guaranteed tax break would last from 5 to 40 years.