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2004-11-02 - Voters Pamphlet - County . . �.l �y� ] t h. . GENERAL ELECTION :t NOVEMBER 2, 2004 = s h �r F, NANCY.BLANKENSHIP DESCHUTES COUNTY CLERK ATTENTION This is the beginning of your county voters'pamphlet.The county portion of this joint voters'pamphlet is inserted in the center of the state portion. Each page of the county voters'pamphlet is clearly marked with a black bar on the outside edge.All information contained in the county portion of this pamphlet has been assembled and printed by your Deschutes County Clerk. M� I i i ALPHA INDEX TO VOTERS' PAMPHLET All candidates were invited to participate in this pamphlet.The following candidates submitted information. MEASURES .: 9-27 Formation of the Bend Area Transportation District ........................................................ 9-4 9-28 Administrative School District No.1 Five-Year Local Option Tax for District Operations... 9-6 9-29 City of Redmond Annexation.............................. ........................................... 9-8 = 9-30 Sisters School District No. 6 Four-Year Local Option Tax.............................................. 9-10 i CANDIDATES Clinton, Jim............................................................................................................................. 9-16 Daly, Mike.........................................................................................:..................................... 9-13 , . . . ...;� Gainsforth, Patricia...................................................................................................... 9-15 , Gordon, Rand Hathaway, Paul....................................................................................................................... 9-17 Hummel, John .......................................................... 9-16 <. .... Kuhn, Leigh ............................................................................................................................ 9-15 F Mansfield, Joe .................................................................................................:...................... 9-18 Nelson, Jack........................................................................................................................... 9-18 ,. Nygren, Iry............................................. ................................................................ 9-19 Stiles, Les............................................................................................................................... 9-14 a . . Tre o, Judy .. 9-20 Unger, Alan............................................................................................................................. 9-17 VOTER REGISTRATION INFORMATION.............................................................................................. 9-21 Y VOTING INSTRUCTIONS.............................................................. .......... 9-22 OFFICIAL DROP SITE LOCATIONS............................ .............. 9-23 4 �JLETTER FROM COUNTY CLERK......................................................................................................... 9-3 1 I QUESTIONS 'ABOUT VOTING? Call your Deschutes County Clerk's Office at (541) 388-6547 i 9-2 i . to County Clerk's Office 0 { Nancy Blankenship, County Clerk 1300 NW Wall St, Suite 200, Bend, OR 97701-1960 F- Dear Desc UteS County Voter: Fax(541)383-4424 Fax (541)38116549 Elections(54.1)388-6547 www.co.deschutes.or.us This is ,our November 2 y 2004 General Election Voters' Pamphlet. During this election you will be asked to decide on many important issues. This Voters' Pamphlet is a cooperative effort between the Deschutes County ' `F Clerk and the Oregon Secretary of State. It is provided to assist you in becoming a more informed voter as you cast your ballot. C) This pamphlet contains the ballot measures and explanatory statements which are designed to provide you with impartial and fair information. It also contains paid arguments for or against certain measures. Candidates may also pay to place a statement in the pamphlet to provide you with additional information about them. On your ballot, the names of the candidates will appear in random alphabetical order as required by law. As you review the pamphlet, please remember that you may not be voting on every office or measure in this pamphlet. Your ballot will contain only those issues on which you are eligible to vote based on where ou > Y 9 y live. Ballots will be mailed to each registered voter on Saturday, October 16, 2004. For your,convenience, the Deschutes County Voters' Pamphlet contains a.= x� voting instructions, how to request a replacement ballot and Official Ballot ' Drop Site locations. Also, the Clerk's office hours are being extendedti I between October 18 and November 1 . The office will be open from 7 am to 7 pm. On November 2 the office will be open from 7 am to 8 pm. =y •3 Please Vote! Sincerely, Nancy Blankenship, Deschutes County Clerk h 9-3 Official Deschutes County November 2,2004 General Election Voters'Pamphlet BEND AREA TRANSPORTATION DISTRICT Y.: Measure No. 9-27 BALLOT TITLE EXPLANATORY STATEMENT The City of Bend("City")filed a resolution with the Deschutes 09-27 TO FORM TRANSPORTATION DISTRICT AND County Board of County Commissioners('Board")requesting ESTABLISH PERMANENT TAX RATE LIMIT the initiation of the formation of the Bend Area Transportation -' Question: Shall Bend Area Transportation District be District("District").The purpose of the District is to plan,estab- p lish, furnish and maintain a system for the formed and impose $.29 per$1,000 assessed value as Y transportation of i3 permanent rate limit beginning 2005-2006? passengers within the Bend area and to construct,maintain and operate any related facilities.As part of the efforts to provide for any This measure may cause property taxes to increase more the transportation of passengers,the City is developing a Capital than three percent. Improvements Program to be presented to the District govern- Summary:A transportation district would be established ing body that includes a fixed-route bus system in addition to covering the City of Bend,Deschutes River Woods,Juniper maintaining and enhancing the current Dial-A-Ride service for . Ridge,the parcel south of Skyview Middle School on the eligible seniors and disabled persons.Formation of the District West side of 18th Street south of Egypt Road,and the Pine provides eligibility to obtain federal and state matching funds Nursery Site. The name of the district would be the Bend for these transportation projects. z Area Transportation District. The purpose of the district If the District is approved by the voters,an election will be held would be to plan,establish,furnish and maintain a system in May 2005 to elect the governing body of the District. The for the transportation of passengers within the Bend area governing body shall consist of seven members elected from and to construct,maintain and operate any related facilities 0 pursuant to ORS 267.510 et se the District at large for four-year terms with the first members 1.= 4' having staggered terms. was If approved,this measure would authorize the district to tax properties within the district for the above listed services at If approved,the maximum amount that the District could levy each fiscal year would be$.29 per$1,000 assessed value.The a maximum permanent tax limit of$.29 per$1000 assessed District,however,need not levy the full amount of the permanent value. The district taxes would be imposed starting with tax rate in any given year. The District Governing Body will F tax year 2005 2006 and estimated to raise$1,697,277 in determine the amount to levy each year based upon the annual a revenue in the first year. If this measure passes,the elec- budget approved each year by the District Budget Committee tion of the governing body will be held in May 2005. consisting of the District governing body and seven electors 5 (Map of the proposed district will accompany the ballots.) from the District appointed by the District Governing Body. The District Budget Committee and District meetings will be S open to the public.The estimated first year ad valorem BEND AREA TRANSIT DISTRICT K 'x� tax levy is$29 per$1,000 assessed value. PROPOSED- (Information furnished by Michael M. Daly, Chair, x Deschutes County Board of Commissioners.) r �' aJ u� m 5 4 . ¢ ! 'r„ir Bend City Limits L N State Highway r Roads Bend Area ARGUMENTS BEGIN ON NEXT PAGE n 0 Bend Area Transit is August 23,2004 9-4 Official Deschutes County November 2, 2004 General Election Voters'Pamphlet BEND AREA TRANSPORTATION DISTRICT Measure No. 9-27 ARGUMENT IN FAVOR . 3M Business and Community Leaders Support Public Transportation With Bend expected to nearly double in size to 100,000 people in our lifetime,a scheduled route public transportation system is critical to maintaining our livability.This measure will provide service to meet today's needs,and lay a strong foundation for1V future growth. • Public transportation is an important step toward reducing traffic congestion throughout the city.Higher density hous- ing along Bend's major arterials requires a viable public transportation system to reduce vehicle concentration in these key corridors. : • Public transportation will preserve the desirability of our downtown.Those who elect to ride the bus won't have to find and pay for parking.Those who choose to drive will find less congestion and more available parking space,ensuring R that downtown remains an appealing destination for both locals and visitors. • Efforts to build a credible 4-year university will be greatly enhanced by the availability of a scheduled,reliable public transportation system,since college students are more at- tracted to communities with good transportation options. 3: • A new transportation district will bring more of our state and federal tax dollars back to Bend to help solve all of our transportation problems—$15 to $20 million in matching " grants over the first ten years of operation. •A bus system will bring us into compliance with Oregon's land use rules, preventing costly legal challenges to UGB expansion plans. Bend is one of the largest cities in the country without a sched- uled route bus system.It is time to take the necessary steps to plan for growth and maintain our quality of life. Please join us in voting Yes for Public Transportation on Mea- sure 9-27. Bend City Councilor John Hummel;Attorney City Councilor Chris Telfer,CPA Bend City Councilor Linda Johnson Kirk Schueler Ron Robinson,Jack Robinson&Sons Jeff Monson,Commute Options (Information furnished by Ron Garzini, Coalition for Transportation Solutions.) NO ARGUMENTS AGAINST THIS MEASURE WERE FILED The printing of these arguments does not constitute an endorsement by the County of Deschutes,nor does the county warrant the accuracy or truth of any statement made in the arguments. 9-5 Official Deschutes County-November 2,2004 General Election Voters'Pamphlet ADMINISTRATIVE SCHOOL DISTRICT NO. 1 r Measure No. 9-28 TITLE BALLOT T Oregon's general fund comes from personal income taxes which fluctuate dramatically during an economic downturn. 09-28 FIVE-YEAR LOCAL OPTION TAX FOR DISTRICT This leaves schools particularly vulnerable to changes in the OPERATIONS economy.In addition,Bend-La Pine schools receive less than Question: Shall the District levy$0.85 per$1000 of as- the state average for school districts according to the Oregon w sessed value each year for five years beginning 2005-2006 Department of Education. for operations? This measure may cause property taxes Uses for Local Option Proceeds to increase more than three percent. If this measure passes, the school district would maintain a Summary: This measure authorizes Administrative quality education by: School District No. 1, in Deschutes County, Oregon to Restoring a full school year levy a property tax in the amount of $.085 per $1000 Reducing classroom overcrowding of assessed value each year for five years. The taxes Restoring and adding teachers would be used to help finance District operations. Purchasing new educational materials,including library and text books An estimate of the total amount to be raised each fiscal Restore opportunities for students through activities and year is: athletics 2005-2006 $6,267,857 Estimate Your Costs 2006-2007 $6,518,571 It would cost the property tax payer up to a maximum of$.85 2007-2008 $6,779,314 per$1,000 of assessed value per year for five years. Prop- 2008-2009 $7,050,487 erty taxes would vary from property to property. An average 2009-2010 $7,332,506 home assessed at$152,500 could cost up to approximately $130 per year (or about $11 per month) in additional taxes. The estimated tax cost for this measure is an ESTIMATE ONLY based on the best information available from the To estimate your tax,you may go to wrvvw.bend.kl2.or.us and count assessor of D click on local option. Deschutes es County at the time of the ✓s. estimate. Ballot Information This measure will appear on the November 2,2004 ballot. It is EXPLANATORY STATEMENT a vote-by-mail election,and completed ballots must reach the Classroom Overcrowding and Full School Year county election office by 8 p.m.November 2,2004. The Bend-La Pine School District Board has referred a 5-year local option levy that would reduce classroom overcrowding and restore a full school year.If approved,the levy would raise (Information furnished by Douglas M.Nelson, over$6 million in the first year and an estimated total of$34 Administrative School District No. 1.) million over five years. Taxes Would Stay Local All funds raised by a local option levy would stay in the com- munity and go to local schools. Taxes would be collected by De- schutes County and distributed directly to the school district. Libraries A portion of the levy would be used to upgrade school libraries by replacing old and outdated books throughout the school district and hiring librarians. Bend-La Pine Students Perform Well Bend-La Pine students consistently outperform their Oregon y peers in statewide tests and SAT scores according to the Oregon Department of Education. The District has several award winning programs and honored students and teachers. Many Bend-La Pine schools have been rated as exceptional and strong by the State of Oregon. Background The district has experienced a funding shortfall of about$20 million over the last three school years. At the same time,stu- dent enrollment has increased almost 300 students per year. Reductions in teachers and other positions were implemented. Classrooms became more overcrowded,and student opportu- nities were reduced. Pay to play fees for athletics and other after-school activities were increased. In addition,already one of the shortest school years in the country,the 2004-05 school year was reduced by one week. The downturn in Oregon's economy has led to this shortfall. Legislative attempts to solve the situation have been unsuc- cessful. Before 1990, local property taxes were the major source of funding for local schools. Now most funding for ARGUMENTS BEGIN ON NEXT PAGE school budgets come from the state's general fund. Most of 9-6 Official Deschutes County November 2,2004 General Election Voters'Pamphlet ADMINISTRATIVE SCHOOL DISTRICT NO. 1 Measure No. 9-28 ARGUMENT IN FAVOR The Education Foundation for the Bend-La Pine School District asks you to please vote Yes on Measure 9-28 and support our local schools! For the past three years,Bend-La Pine schools have received less from the State than we need to maintain,basic school services. The result: • $20 million in cuts to our district! • Reductions in teachers and other positions. :a • Overcrowded classrooms—enrollment increases of al- most 300 students per year. • Pay to play fees for athletics and other after-school activi- ties were increased. • 2004-05 school year will be reduced by one week. Bend-La Pine already has one of the shortest school years in the country. Our local schools are important for maintaining the vitality of Pur community and the quality of life in our region. We can't wait for the legislature to solve the problem. It's time for a local solution. Vote yes to: • Restore Bend-La Pine School District to a full school year. • Reduce class sizes and overcrowding by hiring additional teachers at all levels. • Purchase new textbooks and materials for libraries throughout the district. • Restore opportunities for students through activities and athletics. All funds raised from the passage of Measure 9-28 stay local and support the Bend-La Pine School District. Good local schools benefit the whole community, Vote Yes for local schools! (Information furnished by David Ford, Secretary, The Education Foundation for the Bend-La Pine School District.) 0 NO ARGUMENTS AGAINST THIS MEASURE WERE FILED The printing of these arguments does not constitute an endorsement by the County of Deschutes,nor does the county warrant the accuracy or truth of any statement made in the arguments. 9-7 Official Deschutes County November 2,2004 General Election Voters'Pamphlet CITY.OF REDMOND Measure No. 9-29 BALLOT TITLE. on the City Council and its committees. ✓ Annexation will make the City of Redmond the primary 09-29 A MEASURE EXPANDING THE REDMOND CITY government entity for the entire Redmond UGB: This LIMITS BY ANNEXATION centralization and consolidation of municipal services QUESTION:Shall the City annex territory in the Redmond will help reduce the confusion currently experienced Urban Growth Boundary (UGB) as provided in the Red- by citizens trying to determine which agency to call with mond Annexation Plan? concerns and questions. SUMMARY:Approval will annex territory within the UGB ✓ Asa result of annexation,residents within the UGB will generally described as follows: receive an urban level of police service.A department recognized statewise as one of Oregon's accredited pre- SW Area bounded North by Quartz, 39th, and Wickiup, mier law enforcement agencies will serve residents. South by Elkhorn,BPA power lines and Coyote alignment, West by COID Lateral and Helmholtz Way, and East by ✓ Annexation will provide additional state revenues to alignment of 19th. the City of Redmond which is currently distributed to other parts of the state.These revenues will come from NW Areas bounded North by Hemlock,South by Highway cigarette, liquor, and gasoline taxes, and other state 126, West by 35th and East by 23rd;and bounded North shared revenue.Deschutes County's revenues will not by Oak, South by Jackpine, West and East by 23rd and be decreased because the formula used allocating 19th. these revenues will not be affected by annexation. NE Areas bounded North by Upas,South by Maple,West by ✓ The City's Comprehensive Plan encourages annexa- NW 10th and East by 9th to Spruce and the railroad North of tions that eliminate existing unincorporated"islands."It - Spruce;and bounded North by Kingwood,South by Antler, discourages expansions that result in irregular bound- West by Canal Boulevard,and East by 13th. aries, making it difficult for the police to determine a SE Areas bounded North by Highland,South by Highway parcel's jurisdiction in an emergency situation. 126, West and East by alignments of NE 17th and 29th; (Information furnished by Betty J. Borgen,. and Airport property adjacent to the Canal and approach Asst. to City Mgr, d B Redmond.)end of runway 10. Y 9 Y EXPLANATORY STATEMENT The City of Redmond was incorporated on July 6,1910.For 20 years land surrounding the town site was annexed to the City and platted into streets and lots.From the late 1920's until the oryC. y- i mid 1960's little annexation or development occurred outside ®caymRM—a of the previously platted areas.In the late 60's and 70's,much jAsT� A of Deschutes County experienced rapid growth and extensive platting of subdivisions occurred throughout the county.In 1981, a Redmond annexed 320 acres into the City,this being the last j -- major annexation which occurred in Redmond. _ The City Council is proposing to annex the territory within the Redmond Urban Growth Boundary(UGB)that is not currently within the City. Pockets of urban development are scattered throughout this area where as of July 1, 2003, an estimated l " _ .._.._. 1,100 people were living.This annexation would add approxi- mately 2,950 acres to the City's current 7,023 acres,giving the same boundaries to the City limits and the current UGB (ap- proximately 9,974 acres). The City has a sewage treatment system that can currently serve approximately 24,400 people,with major sewer transmis- sion lines having been extended throughout much of the UGB. The City has assumed maintenance and operation of County roads within the UGB under a Management Agreement with =-~ Deschutes County. The City and two private providers sup- ply water service to the UGB. As part of another agreement between Deschutes County and the City, the City assumed I i responsibility for the urban growth management for the entire UGB in August 2002. " W��E All of these changes and plans have set the framework for the 5 development of the Redmond Annexation Plan.The proposed annexation is being put to a vote of all registered voters residing _ within the City and the unincorporated UGB. Summary of Redmond Annexation Plan ✓ Over the longterm,annexation will provide more effec- ARGUMENTS BEGIN ON NEXT PAGE tive government.It will create economies of scale for all citizens.It will enable the entire community to participate 9-8 Official Deschutes County November 2,2004 General Election Voters'Pamphlet CITY OF REDMOND Measure No. 9-29 ARGUMENT IN FAVOR ARGUMENT IN OPPOSITION In 1998 the City Council began consideration of the possibility The City of Redmond has proposed a major annexation that " of annexing into the City of Redmond some or all of the terri- will approximately double the size of Redmond. At the same tory within the existing urban growth boundary.As part of that time the city projects a growth of approximately 28,000 in `y process, the City Council commissioned a series of studies population over the next 21 years but ignores a very important and reports on the need to incorporate that territory within the problem. Laws related to paying for growth are grossly unfair. City boundaries, the cost of such an annexation to both the The consequence will be continually increasing taxes for all City residents and the residents of the territory to be annexed, current homeowners in Redmond. the effect of the annexation on current and future urban ser- The city collects system development changes (SDCs) for vices,and the long term benefits of such an annexation. each new home in partial payment for increased needs they create - expanded road and traffic systems, sewer systems, Based on those studies and the Annexation Plan prepared equipment,buildings,etc. The difference between SDCs and for the City of Redmond, the City Council determined that = a actual costs is significant and amounts to a large subsidy paid the proposed annexation is in the best interests of the City for by property taxes. of Redmond, its residents, and the residents of the territory Eben Fodor,a leading authority on growth in Oregon,estimated to be annexed. in a report for Alternatives to Growth Oregon(www.agoregon. € • Man of the areas subject to this annexation are already or / a e51.htm (February 2002 the subsidy for each new Y 1 Y 9 P 9 )( rY ) Y developed and are using or benefiting from the existing resident in Oregon in 2000 would be$18,000..If we assume 500 services within the City of Redmond. new homes built each year(for an average annual population growth of 1,333)and a subsidy of only$10,000 per home,$5 • These areas will benefit from the availability additional property annually. city services including sewer,water,and local l million will be added to Redmond's roert tax bills annll police ser- vice. This last calculation does not include schools. nfr ; • The proposed annexation will Redmond's last school bond indicated an average cost of p p provide more effective $26,000 per student for new schools. If 30%of the estimated 6 government and create economies of scale for all citi- 1,333 people to be added each year are students,approximat- zens thereby reducing the individual costs of service. ing the current ratio, the school population will grow by 400 • It will enable the entire community o participate on the annual) and create over$10 million in new school construction ;< Y P P Y City Council and its committees. needs every year. There are no SDCs for schools. These subsidies will have to be aid through property taxes As the Members of the Redmond City Council we support the P 9 P P Y proposed annexation. by Redmond's homeowners, including many who are already having problems making ends meet. The solution is to reject \K a Mayor Alan Unger proposals for growth until laws are changed and cities can and c� Councilor Paul Hathaway do collect fair and realistic SDCs.Vote NO on annexation and Councilor Gary Lynch against higher taxes. Councilor Joe Mansfield Councilor Ric Nowak Councilor Iry Nygren Councilor Jay Patrick Information furnished b ,Mayor,( y Alan Un er g y (Information furnished by William H. Bodden.) � Redmond City Council.) . p :a The printing of these arguments does not constitute an endorsement by the County of Deschutes,nor does the county warrant the accuracy or truth of any statement made in the arguments. 9-9 Official Deschutes County November 2,2004 General Election Voters'Pamphlet SISTERS SCHOOL DISTRICT NO. 6 a Measure No. 9-30 BALLOT TITLE 09-30 FOUR-YEAR LOCAL OPTION TAX FOR PROGRAMS,MAINTENANCE,AND PERSONNEL Question: Shall Sisters School District #6 impose $.75 per$1,000 of assessed value for general operations for four years beginning 2005-06?This measure may cause property taxes to increase more than three percent. Summary: The District will use local option tax revenue to finance general operations including,but not limited to, funding for current programs; for the maintenance and repair of facilities;for the purchase of instructional materi- als and equipment; and for the retention of professional and support staff in order to continue the programs of the District. The proposed rate will raise approximately $829,920 in 2005-06;$863,117 in 2006-07;$897,641 in 2007-08;and ` $933,547 in 2008-09;for a total of$3,524,225. EXPLANATORY STATEMENT Sisters Schools LOCAL OPTION BALLOT MEASURE WHAT: The Sisters School District is proposing the Local Op- tion tax measure passed by voters four years ago be renewed for another four years. The funds generated are intended to preserve programs, maintain class size, provide instructional materials and equipment,and retain professional and.support staff. In addition,the maintenance and repair of current facilities and other pressing needs of the District will be addressed. WHY: The decrease in state funding levels has resulted in the reduction of staff and the shortening of the school year(5.4 fewer positions and 5 fewer school days for the coming school year). The revenue from the Local Option tax has enabled the.District to maintain smaller class sizes;provide and update textbooks, technological equipment, library books, and other instructional materials; and preserve programs. Continued growth at all grade levels is seriously straining district resources. The Local Option"revenue is essential for the District to be able to maintain the gains it has made in the past four years,as well as meet the challenges caused by growth in our district and reduced funding by the state. WHEN: The Local Option measure will be on the November 2, 2004,general election ballot. Ballots will be mailed beginning October,15,2004,and are due at the County Clerk's office no later than 8 p.m.on Election Day. To be eligible to vote,you must register by Tuesday,October 12,2004. Registration materials ? are available at the County Clerk's office,the Post Office,at all Sisters schools,and online at www.co.deschutes.or.us. HOW MUCH: It is estimated that the Local Option measure will raise in excess of$800,000 each year in a four-year period for the operation of schools. The rate will be$.75 per thousand (the same rate as the existing Local Option)of property value. Taxes for each property owner will depend on the difference between the real market value and the assessed value of each property. (Information furnished by Alfred T. Thonstad, sisters school District#6.) ARGUMENTS BEGIN ON NEXT PAGE �r 9-10 Official Deschutes County November 2,2004 General Election Voters'Pamphlet SISTERS SCHOOL DISTRICT NO. 6 Measure No. 9-30 ; n ARGUMENT IN FAVOR ARGUMENT IN FAVOR The State of Oregon provides each school district ap- In the Sisters School District, we are proud of our stu proximately$5,000 per student. This is the fourth lowest rate dents'high academic achievement.On the Oregon Statewide in the nation. Assessments,Sisters students have consistently outperformed After several years of crippling property tax measures and their peers throughout the state at all grade.levels in all subject budget crises in Salem,our Legislature gave us the potential for areas. a partial remedy,the local option tax levy. This measure allows Many factors contribute to this high performance, in- an individual school district to raise a little extra money, with cluding supportive families, skilled and caring teachers, and two catches. First, there is a very low ceiling on the amount excellent facilities. In addition,funds from our local option tax of money that can be raised. Second,a tax levy can only be levy have helped us keep class sizes smaller and purchase enacted if the local citizens believe that education is important much-needed instructional materials. enough to vote"YES." What is the relationship between class size and student These two catches prevent most school districts from performance? In a smaller class, a teacher can spend more even trying to pass a local option tax. Statewide, there are time with individual students,adjust assignments to fit different very few districts who have a local option tax. Sisters is not learning styles,and manage behavior more effectively so that an average town, and the citizens here do not want an aver- everyone can learn. age school district. Our citizens want excellence;in fact,they We also rely on up-to-date teaching materials to help demand excellence. students succeed. With local option funds,the Sisters School Four years ago,we passed a local option tax levy on the District has been able to purchase the textbooks it needs. Last . first try, and we have put that money to good use. By every year,the district committed approximately$28,000 to buy new y conceivable measure,from our very high statewide test scores; math books to better fit our new curriculum.Other local districts Q to outstanding achievement in art,music,and other co-curricular were not able to do this,even though they had also adopted a activities;to overall ratings of excellence by the state;we have new math curriculum. used this extra money wisely. We know that to be prepared for the future,our students Now,we ask you to continue this program. need to have skills in technology.Our district has also used local A"YES"vote will NOT raise your taxes. option money to add more computers for student use,upgrade existing computers,and purchase teaching and learning soft- Four years ago, we promised to use this local option ware. Sisters High School has earned an excellent reputation money to hire additional teachers,buy new instructional materi for its cutting edge programs in technology, and local option als,and perform needed repairs. This is exactly what we did. has helped make this possible. A vote"YES"will allow us to continue to employ the ad- Without the continuation of local option funding, the ditional teachers we hired,continue to upgrade our instructional Sisters School District will lose ground in its ongoing quest for materials,and continue our tradition of excellence in education educational excellence. Vote"YES." in Sisters. Please join us with a"YES"vote. (Information furnished by Lora Nordquist, (Information furnished by Glen J.Lasken, Chair, Curriculum Coordinator,Middle School Principal, :, Sisters School Board.) Sisters School District.) ° ARGUMENT IN FAVOR Thanks to the Sisters School District! Thank you for providing my children,and all of our chil- dren,with excellent school buildings to study and learn in. Thank you for ensuring that my children, and all of our children,have high-quality, up-to-date textbooks and technol- ogy. Thank you for providing enough teachers.so.that my children,and all of our children, are in smaller class sizes. The teachers here are actually able to get to know my children,and all of our children,and help them individually when and where it is needed. Thank you for letting my children,and all of our children, attend one of the very best school districts in the entire state. Thank you for passing the local option four years ago, because I know that this has helped make all of these good things possible. Thank you for putting the local option back on the ballot this year and for giving me the opportunity to show my support by voting"YES." (Information furnished by Dr..May Fan,CO Chair The printing of these arguments does not constitute an endorsement by Committee for Sisters School Children.) the County of Deschutes,nor does the county warrant the accuracy or truth of any statement made in the arguments. 9-11 Official Deschutes County November 2,2004 General Election Voters'Pamphlet SISTERS SCHOOL DISTRICT NO. 6 Measure No. 9-30 ARGUMENT IN FAVOR ARGUMENT IN FAVOR "If the schools need more money, why don't you just cut all If you travel around the state and mention that you are those extra activities?" a community member asked during from Sisters, you are likely to hear three comments: "What a conversation about the local option levy.When asked what beautiful mountains," "What a quaint little town with lovely extra activities,he responded,"Oh you know music,art,sports shops,"and"What a great school district!" and the like." Yes, having an outstanding school district has become Cutting after school or co-curricular activities is at common part of our town's identity. It is a badge of honor that we have suggestion until people understand their value to the children worked hard to achieve,and we wear it proudly. Local option and the community. Here are some reasons why co-curricular helps make this all possible. activities are a good investment: This positive image is good for our town and good for 1. They keep children busy—research shows that children business. It is part of what draws people here. A"Yes"vote are most likely to get into trouble between 3:00 and 6:00 for local option will help ensure that we continue that excel- PM.An after school co-curricular program provides pro- fence and live up to our reputation.We should not take a step ductive activities and adult supervision until parents get backwards and endanger this academic excellence,tarnish our home and costs much less than the juvenile system. image,and in the process,hurt our children. 2. They keep children healthy—physical activity and the As the owner of a small business,I am used to watching confidence gained through participation in after school how money is earned and spent. I greatly appreciate that the activities increase fitness reducing the risk of obesity. local option tax money was used to hire additional teachers and 3. They teach children important skills—preparation, self- buy new textbooks. These are things that have directly helped discipline,and teamwork are skills necessary for success our children be successful. in school and work. As the owner of a small business,I have also learned to 4. They help children develop talents—involvement in music, be financially conservative. I greatly appreciate that our new art and other activities can spark career interests and cre- Superintendent has shown the same conservative financial ate opportunities for scholarships. experience. After carefully reviewing the needs of the school 5. They keep children in school—a desire to participate in district,and the revenue generated by the local option tax,he co-curricular activities motivates students to stay in school, has recommended keeping the local option tax rate at the same and is a big part of the reason Sisters has one of the lowest level instead of raising the tax as allowed by law. My hat is also dropout rates in the State. off to the School Board for listening to his recommendations. 6. They benefit the community—besides the economic gain This"YES"vote won't increase your taxes. You will be from visiting teams,co curricular activities provide enter voting to continue our new tradition of outstanding academic f i from n culture,and a sense of community. and co-curricular achievement, which not only enriches our students,but also has become part of our town's identity. Co-curricular activities are an important part of an excellent edu- Vote "YES": It's good for business; it's good for chil- cational program and a good investment. The District invest- dren. ment in K-12 co-curricular activities is about 4%of the budget. However,this is only a portion of the total cost.The rest comes from fundraising,the Foundation,and participation fees. The diversity and excellence of the District's award winning co-curricular programs help define who we are as a district. The local option is essential to continue these programs and that excellence. Vote"Yes." (Information furnished by Ted Thonstad, (Information furnished by Robert E. Grooney, Co-Chair, Superintendent,Sisters School District.) Committee For Sisters School Children.) NO ARGUMENTS AGAINST THIS MEASURE WERE FILED The printing of these arguments does not constitute an endorsement by the County of Deschutes,nor does the county warrant the accuracy or truth of any statement made in the arguments. 9-12 Official Deschutes County November 2,2004 General Election Voters'Pamphlet DESCHUTES COUNTY COUNTY COMMISSIONER, POSITION # 2 COUNTY COMMISSIONER, POSITION # 2 MIKE DALY RANDY GORDON i x � � REPUBLICAN DEMOCRAT��. �� y e OCCUPATION: OCCUPATION: ♦ Deschutes County Commissioner Retired police Division Commander OCCUPATIONAL BACKGROUND: OCCUPATIONAL BACKGROUND: ♦ 1964-1973 Oregon State Police Officer Police officer to Division Commander, Puyallup Washington ♦ 1975-1978 Legal Investigator and Pilot for a Law Firm Police Department; ♦ 1978-1980 Realtor Law Enforcement Instructor,Green River Community College ♦ 1980-1984 Construction Superintendent ♦ 1984-2001 Owner/Operator,Mike Daly Excavating EDUCATIONAL BACKGROUND: ♦ 2001-Present Deschutes County Commissioner Olympic Community College, Law Enforcement Certificate; EDUCATIONAL BACKGROUND: Green River Community College, ♦ Graduate Culver High School Seattle City University,toward B.S ♦ Upmqua Community College/Police Science and English PRIOR GOVERNMENTAL EXPERIENCE: Studies Board President, LaPine Rural Fire Protection District; Board ♦ COCC/Real Estate and Business Law Studies Chair, Bend-LaPine School District; Puyallup City Councilor; PRIOR GOVERNMENTAL EXPERIENCE: President,LaPine Community Action Team;Member,Deschutes ♦ State Construction Contractors Board County Commission on Children and Families ♦ Redmond Planning Commission SHERIFF ♦ COCAAN Board of Directors Problem:The Sheriff's ability to respond to emergencies and ♦ Oregon Consortium Board Member enforce the law is threatened by political agendas in a levy ♦ COVA Board Member vote every 3 years. ♦ Deschutes County Commissioner Solution: Randy will work to include the Sheriff's budget in the County budget every year. Mike Daly COMPETITIVE BIDDING Republican Candidate for Deschutes County Commissioner Problem:The County often circumvents competitive bidding by In these difficult and challenging times, you deserve the very declaring"emergencies,"needlessly wasting tax dollars. Solution: Randy will.return to open, competitive bidding. best and most experienced County Commissioner you can get. The County must do its business in public and plan to avoid It's a tough job. I've demonstrated my integrity,my tightness with "emergencies." your money and my common sense. Experience is essential in the next four years. OPEN GOVERNMENT The biggest challenge we face is, "How do we get the most Problem: Too many taxpayers don't know how the County government for the least government spent more than $200 million of their tax dollars and best services out of our county g last year. amount of taxes?" I'm a fiscally conservative Republican and Solution: Randy will make County government more acces- the test I apply every day as your County Commissioner is,"If I sible.He will increase access to the all-important Administrative were spending my money,would I spend it on this issue?" If my Liaison meetings,post agendas and documentation in advance sensibilities say"No",I vote"No". You deserve"No Less". of meetings and work to inform interested parties of continuing Experience, tempered by tough decisions and long hours of discussions. learning the many different facets of running a $200 million LOOKING TO OUR FUTURE dollar county budget is the single biggest benefit the citizens of Problem: The County treats growth in a piecemeal fashion. Deschutes County deserve and need. That experience is the The County lacks an overall plan that states its vision and sets single greatest difference between my opponent and me. its priorities,and it has been unable to plan the needed growth I have also earned the respect and endorsement of many in government services. prominent local lawmakers such as State Representatives Solution: Randy will develop a plan for County government Gene Whisnant and Tim Knopp as well as State Senator Ben with a vision, clear priorities and attainable goals. Then, the Westlund and Congressman Greg Walden. I would be very County can prioritize growth opportunities to create better honored to earn your vote this fall too. paying jobs, foster economic stability, and spend tax dollars more effectively. "Experienced Leadership for a Change" Questions?Call me at 693-8624. Thank You (Information furnished by Michael M.Daly.) (Information furnished by Randy Gordon.) 9-13 Official,Deschutes County November 2,2004 General Election Voters'Pamphlet DESCHUTES COUNTY SHERIFF LES STILES NONPARTISAN r4 OCCUPATION: Deschutes County Sheriff OCCUPATIONAL BACKGROUND: January 2001 to Present---Sheriff,Deschutes County January 1984 to December 2000---Lieutenant, City of Bend Police Department December 1980 to December 1982---Chief of Police, Moab, Utah November 1974 to December 1980---Sergeant,City of North- glenn Colorado Police Department. EDUCATIONAL BACKGROUND: Bachelors Degree, English, Illinois State University, 1974 Masters Public Administration,University of Northern Colorado, 1977 128th Session FBI National Academy, 1982 National Sheriffs Institute,2003 Executive Certificate,Oregon Department Public Safety Stan- dards and Training,2001 PRIOR GOVERNMENTAL EXPERIENCE: Deschutes County Family Violence Council,Deschutes County Methamphetamine Advisory Board, Central Oregon Law En- forcement Services District Board Member, 911 Executive Board,Oregon Accreditation Alliance Board,Local Public Safety Coordinating Council Board. During Les'last campaign for Sheriff his slogan was"He'll Run it Right".In the last three and a half years that slogan has become a reality.A new management team was hired and during the last three and half years there has been a dramatic increase in patrol coverage 24/7 without an increase in patrol positions. A traffic team has been added that is working to help with the traffic issues that come from being the fastest growing county in the State. There have been numerous changes that have brought about an increased level of financial accountability and a new level of fiscal responsibility has been implemented. One of the most significant accomplishments of this team has been the awarding of State and National Accreditation to the Deschutes County Sheriffs Office on June 1, 2004. The Deschutes County Sheriffs Office is the second Sheriffs Office in the State of Oregon to achieve Accreditation. The Sheriffs Office has completed a Strategic Plan for that forecasts public safety needs for the next 15 years. PERSONAL INFORMATION:Married to Carol for 29 years,one daughter Kristin and one grandson,Zach who 2 yi years old. Hobbies include flyfishing,reading and being outdoors. Please continue.the progress by voting for Les Stiles. (Information furnished by Les Stiles.) 9-14 Official Deschutes County November 2, 2004 General Election Voters'Pamphlet DESCHUTES SOIL AND WATER CONSERVATION DISTRICT v DIRECTOR, ZONE 3 DIRECTOR, AT LARGE PATRICIA GAINSFORTH LEIGH KUHN Y NO PHOTO SUBMITTED NONPARTISAN NONPARTISAN OCCUPATION: OCCUPATION: Self-employed owner of Wind River Designs; Real estate Broker published wildlife illustrator;wildlife technician;financial news- OCCUPATIONAL BACKGROUND: letter editor. ' Real estate Broker, Farmer, Commercial Stable, State of OCCUPATIONAL BACKGROUND:Secondary level teacher; Oregon city swimming director;naturalist interpreter;seasonal wildlife :f technician for Oregon Department of Fish and Wildlife and the s= , EDUCATIONAL BACKGROUND: U.S. Department of Agriculture; subcontractor for wildlife and High School,Woodburn,Willamette University forestry projects;home builder. r,>� Linfield College, EDUCATIONAL BACKGROUND:B.A.from Hiram College in PRIOR GOVERNMENTAL EXPERIENCE: Hiram Ohio in political science and education. Deschutes Soil & Water Consevation District, Eagle Valley PRIOR GOVERNMENTAL EXPERIENCE:Invited to participate SWCD,Governors Watershed Enhancemt Board,Oregon Soil as a citizen on several governmental advisory panels dealing &Water Commission, with a variety of wildlife and agricultural issues. Dear Deschutes County Voters: Water is am issue that has impacted everyone in Deschutes I am a candidate for the Deschutes Soil and Water Conserva- County.With the ongoing growth and the change of large por- tion District position No. 31n the Bend and Tumalo area. My tions of the county from agricultural production and open spacesa interest in,conservation comes from a farming background in to more residential and commercial use,water will continue to be the Willamette Valley and in southern Minnesota.I have lived in an issue for all users.Less obviously,erosion,noxious weeds Oregon most of my life and in Deschutes County since 1973.I and soil depletion also affect us all.As a long time resident of was first elected to the Deschutes SWCD in 1986. Deschutes County and a community service volunteer in many :; Most recently,I have participated in developing the Deschutes venues, I would like to put my experience to work for all.our Sub-Basin Plan for the Northwest Power and Conservation community who depend on the land and water. Council. Deschutes County is a beautiful place unlike any other,but like most of Oregon it is changing rapidly,in diversity of its people and in its land use.I am interested in retaining the beauty of this area while supporting a sound economic future. Conserving water, enhancing natural resources and bringing people together to plan that bright future are the ways I wish to contribute to Deschutes County.I ask for your vote. ry�X (Information furnished by Patricia M. Gainsforth.) (Information furnished by Leigh Kuhn.) x 9-15 Official Deschutes County November 2,2004 General Election Voters'Pamphlet CITY OF BEND CITY COUNCIL, POSITION NO. 1 CITY COUNCIL, POSITION NO. 4 f 1 � ..z JOHN HUMMEL JIM CLINTON NONPARTISAN NONPARTISAN OCCUPATION: OCCUPATION: Attorney and business owner, Hummel, Doyle, DeHoog At- Scientist,Owner of Small Business torneys. OCCUPATIONAL BACKGROUND: OCCUPATIONAL BACKGROUND: CEO of high-tech company Attorney, Crabtree and Rahmsdorff Defense Services, Inc. Owner of solar energy testing company (Bend) June 1996 - December 2001;Attorney, Garland Law University researcher,college teacher Offices(Hillsboro)September 1995-May 1996. EDUCATIONAL BACKGROUND: EDUCATIONAL BACKGROUND: Lakeview High School BA, Political Science and Criminal Justice, Roanoke College BA,University of Oregon (1991); Juris Doctor, University of Arkansas School of Law PhD,University of California,San Diego ` (1995);University of Oregon Law and Entrepreneurship Center PRIOR GOVERNMENTAL EXPERIENCE: for Appropriate Dispute Resolution(1997) City of Bend Budget Committee F, PRIOR GOVERNMENTAL EXPERIENCE: Bend City Council 2001-present COMMUNITY SERVICE Why Vote Hummel? Police Chief's Citizen Advisory Committee,Commute Options Because you want to live in a community that looks out for Board of Directors, Bend Parks and Rec River Trail and SDC everyone.Now,and for years to come. Advisory Committees, Past President of the Southwest Bend John Hummel will stand up for what's right. Neighborhood Association,U of O Silver Sage Society Lifelong Learning Founding Committee a Public Transit JIM CLINTON WILL PROMOTE: Bend needs real public transportation, and we need it now.A bus system will help our local economy by improving mobility for CAREFUL PLANNING FOR THE FUTURE workers,visitors and seniors.As the University expands,it will City planning should result in efficient use of land, natural play a key role in student transportation.That's why I support resources,and energy,while promoting strong neighborhoods the Public Transportation Ballot Measure. I hope you will,too, and attractive,pedestrian-friendly shopping districts. The City so I can begin working with City officials to build a reliable bus government should serve as a model for efficient and sustain F system with scheduled routes that will meet existing and future able operations. needs of our rowin community.9 g SENSIBLE TRANSPORTATION OPTIONS Family Wage Jobs We need to complete our transportation system so that everyone Bend needs more jobs.Not just any jobs:family wage jobs.The can get around town and our kids can safely get to school. City owns large tracts of industrial land,and we have the lever- PRESERVING OUR NATURAL AND CULTURAL TREA- age to decide how that land is used.We can bring in businesses SURES that create clean and safe jobs and pay living wages.1 support I want to help protect and improve what makes Bend a remark- policies that attract companies you and I want to work for. able place:the river corridor,open spaces,clean air and water, Affordable Housing the arts,a vibrant downtown,historic buildings,and our sense With home prices increasing 53 percent in the past five years, of charity and community. too many working families cannot afford to live in Bend.Stable ECONOMIC DIVERSITY housing allows workers to invest in their families and their finan- I support small and local businesses,and will encourage clean, cial future.I will continue to work with city staff,developers and modern companies that provide good family-wage jobs.The City non-profits to ensure that the people who built this community should support expansion of higher education in Central Oregon: can afford to live in this community. our future economic and cultural vitality depends on it. Vote Hummel,and John Hummel will stand up for you! CAREFUL MANAGEMENT OF TAXPAYER DOLLARS I will work to stretch existing revenues and,make sure police, fire, ambulance, and other City services are there when you need them. (Information furnished by John Hummel.) (Information furnished by Jim Clinton.) 9-16 Official Deschutes County November 2;2004 General Election Voters'Pamphlet CITY OF REDMOND MAYOR MAYOR k PAUL ALAN UNGER HATHAWAY � F r iz �.` NONPARTISAN NONPARTISAN �t OCCUPATION: OCCUPATION: Retired Self-employed OCCUPATIONAL BACKGROUND: MAYOR of REDMOND Administrative Speac OCCUPATIONAL BACKGROUND: Gas Transmission NW Central Oregon Patnership-Redmond Advocate Redmond,OR 97756 A.Unger Contracting—general contractor Office Clerk, Hills Cascade Office Equipt Kennewick,Wa Multnomah County Sherrif—corrections officer Postal Clerk,Tri-cities mail Handling Facility—Pasco,Wa EDUCATIONAL BACKGROUND: EDUCATIONAL BACKGROUND: REDMOND Public Schools-K-12 Kennewick, WA School Dist- 12th grade - High School University of Portland BS-general Science Diploma Columbia Basin JR college-Pasco,WA-3/o yeas PRIOR GOVERNMENTAL EXPERIENCE: � REDMOND Urban AREA Planning Commission, 1993-2000 PRIOR GOVERNMENTAL EXPERIENCE: REDMOND City Council-2000 Y Redmond City Council—1999 to Present REDMOND MAYOR 2001 -present ? Central Oregon Park & Recreation Budget Committee — CENTRAL OREGON AREA Commission on Transportation Redmond,OR 1999-present Central Oregon Park & Recreation Board of Directors — LEAGUE of Oregon Cities-Director-2004 Redmond,OR Park commission—Redmond,OR g It has been an honor to serve as Mayor during the past three Budget committee—Redmond,OR y , Park commission—Kennewick,WA years.I am proud that we have lowered property taxes,im- Park commission—Klamath county—Klamath Falls,OR proved transportation and let employers know that Redmond is open-for-business.Growth for Redmond is inevitable.I am committed to making sure it happens in a helpful,not harmful way._Having our own employment base is part of that effort. We were fortunate that T-Mobile selected Redmond over several competing locations to establish its call center that currently employs 535 customer care representatives,a ma- jority coming from Redmond.With 122 acres of city-owned ; industrial land ready for responsible development,I expect other employees will come to Redmond as well. want to continue working as your Mayor to address the transportation funding,water and growth challenges that we face. With your support we can continue to keep Redmond a safe and thriving city to live and raise our families.I ask for your vote. Alan Unger (Information furnished by Paul C.Hathaway.) (Information furnished by Alan G. Unger.) 9-17 Official Deschutes County November 2;2004 General Election Voters'Pamphlet CITY OF REDMOND CITY COUNCIL CITY COUNCIL JOE MANSFIELD JACK NELSON NONPARTISAN NONPARTISAN OCCUPATION: OCCUPATION: Retired Business owner. Consultant to Oregon local governments OCCUPATIONAL BACKGROUND: regarding strategic planning, goal setting, leadership training Retired as Physicist from NASA,Ames Research Center;Owner and enhanced citizen involvement. of small science/engineering firm, 1988 to 1996; Graduate OCCUPATIONAL BACKGROUND: Teaching Assistantship at Oregon State University from 1958, Industrial Designer at Tektronix, Inc.; Full-time elected to 1962;US Air Force from 1950 to 1954. Mayor/City Manager,City of Beaverton; Assistant to Portland EDUCATIONAL BACKGROUND: City Commissioner Mildred Schwab; Lobbyist,Associated Gen- Masters Degree in Physics,Oregon State University eral Contractors;Manager,Corvallis Downtown Association. BS Degree in General Science,University of Oregon EDUCATIONAL BACKGROUND: Graduated Redmond High School, 1949 BA Industrial Design & Business - University of PRIOR GOVERNMENTAL EXPERIENCE: Washington Redmond City Councilor the past 4 years PRIOR GOVERNMENTAL EXPERIENCE: Beaverton City Council(6 years); Committee Administra- Born and raised in Redmond, returning after a 39 year pusuit for for Oregon Legislature;President,League of Oregon Cities; of my career; I have an interest in Redmond,and have made Board of Directors,National League of Cities;Board of Central and will make an honest effort to represent its people--all of Oregon Park & Recreation District; Chairperson, Redmond them. Economic Development Assistance Partnership (REDAP); Without hesitation I think that growth is the most difficult and Chairperson, Redmond Budget Committee;Chairperson, De- sensitive issue we have,and citizens are increasingly aware of schutes County Historic Landmarks Commission. its importance.We are all confronted daily with the problems of As one of Oregon's fastest growing cities Redmond's traffic and the costs of roads to remedy this,the costs of build- growth can and must be carefully managed. We must protect ing and maintaining new schools, and so on. The problems our community's quality of life and small-town character.This are not simple,as any council person can attest.If its not done requires vision,foresight and leadership.It will require thoughtful rationally,growth can be beneficial to some at the expense of yet proactive decision making.We have no time to lose.Increas- others,and we must be mindful of the city,of taxation,of busi- ing traffic,sewer/water capacity,provision of quality,affordable ness,and probably most important,of citizens at large.Some housing, more jobs, and adequate school facilities must be growth is inevitable, and we can only work especially hard to addressed in terms of our rapid growth. Redmond's unusually govern it fairly and intelligently. high tax rate must be evaluated and reduced by prioritizing City costs and ensuring citizens have a stronger voice in budgeting and spending decisions. Bringing citizens into the communication process is criti- cal. Our citizens offer significant experience and insight.The formation of neighborhood organizations would bring citizens together to discuss issues and communicate them with one strong voice.They will also become an effective public presence against neighborhood crime. Bringing together of neighbors enriches our community's quality of life. We must support continued recruitment of new companies which provide family wage jobs and support the success of exist- ing Redmond businesses. We need increased City sensitivity and consistency regarding their needs. We must support our Downtown. "The only limits are, as always, those of vision." J.Broughton Let us work together toward a shared vision of Redmond's future. (Information furnished by Joe Mansfield.) (Information furnished by Jack R.Nelson.) 9-18 Official Deschutes County November 2,2004 General Election Voters'Pamphlet CITY OF REDMOND CITY COUNCIL IRV NYGREN ` NONPARTISAN OCCUPATION: Retired March, 1998 Substitute teaching in area schools Serving as city councilor,city of Redmond OCCUPATIONAL BACKGROUND: Pastor and public school teacher(8 years) Missionary educator in Pakistan and Afghanistan(35 years) EDUCATIONAL BACKGROUND: Hillcrest Lutheran Academy,high school Diploma Prairie Bible Institute,Diploma Pacific Lutheran College,BA degree Pacific Lutheran University,MA degree PRIOR GOVERNMENTAL EXPERIENCE: With Town Council,Roy,Washington: Councilor(elected):May 1958 to May 1960 Mayor(appointed):Sept. 1959 to May 1960 City Councilor,Redmond,OR:Jan.2001 to present. People ask,some in unbelief,why I am running for a second term as a City Councilor.There are many reasons, but the main ones are: --I am better informed now. I have a better understand- ing of city issues. I know my fellow councilors and the city staff. I know more of our city's citizens and their concerns. --I wish to see current important projects through to completion,e.g.the Maple Ave.Bridge,the truck re-route,the Highland-Glacier couplet,the downtown renewal. --I enjoy being on the City Council(for the most part); think it is something I can do as my volunteer service in and for my community. About me personally—Liz and I have three children and five grandchildren.We'll be celebrating 50 years of marriage in December of this year.We continue active in our local church. (Information furnished by Irving P. Nygren.) 9-19 Official Deschutes County November 2, 2004 General Election Voters'Pamphlet CITY OF SISTERS M CITY COUNCIL JUDY TREGO NONPARTISAN r OCCUPATION: Advocate;Community Action Team of Sisters OCCUPATIONAL BACKGROUND: N . Past Program Manager of a state-wide mentoring program; Proctor for Central Oregon Community College Sisters Center. EDUCATIONAL BACKGROUND: Business Administration;Central Oregon Community College y' PRIOR GOVERNMENTAL EXPERIENCE: ' Appointed to the Sisters City Council;2002-current Council President;2004-current Board of Directors; Central Oregon Intergovernmental Council,2002-current Chair;Sisters Urban Renewal Budget Committee Judy Trego, the incumbent has served on the City Council since 2002. She currently serves as Council President.Judy also serves on the Board of Directors for the Central Oregon Intergovernmental Council and chaired the Sisters Urban Re- newal Budget Committee.She was past Program Manager of a state-wide mentoring program and is currently the Advocate for the Community Action Team of Sisters. "This_ is a critical . time for Sisters; our number one issue is growth, how we will ( manage growth,while maintaining our quality of life.My vision E for Sisters is a balanced, healthy community where families can live and work,while maintaining our natural environment. Count on me to be your voice." a.: �L �f a I (Information furnished by Judy Trego.) 9-20 VOTER REGISTRATION INFORMATION To be eligible to vote in the November 2, 2004 General Election, a completed voter registration card must be postmarked by October 12, 2004: To Register To Vote In Oregon,You Must Be: '. 1. A resident of Oregon. a 2. A United States citizen. n; 3. At least 18 years old by election day. You Must Update Your Registration If: 1. Your residence or mailing address changes. 2. Your name changes. ?. 3. You wish to change your party affiliation. a Important Note: If you have moved or your name has changed and you have not yet updated your registration, you are still eligible to vote. Contact the Deschutes County Elections office, 541-388-6547 for further information. - Replacement Ballot: You can request a replacement ballot if you make a mistake,your ballot is damaged or spoiled, your ballot is lost, or for any other reason. Contact the Deschutes County Elections office at 541-388-6547 to request a replacement ballot. a:fix Voters With Disabilities: If you are unable to vote your ballot without assistance because of a physical disability or because you are unable to read or write,contact the Deschutes County Elections office at 541- "gig 388-6547. We will provide two persons to assist you in voting. To assure your,voted ballot is received by election day, contact the elections office early to arrange for assistance..You may also select someone else of your own choice to assist you. A cassette edition of the Voters'Pamphlet is available for those who cannot read standard print due to a visual or physical disability.To order a cassette of the Voters'Pamphlet,please contact Independent Living Resources at 503,232-7411 or TTY 503-232-8408. Reminder:Your ballot will not be counted if your envelope is not signed!All ballots must be received no later than 8 pm on November 2nd. Postmarks do not count. Deschutes County Election Results: Unofficial election results are available after 8 pm on November 2nd from the County Elections office or on the internet at www.deschutes.org.The results will be updated through- out the night. 9-21 VOTING, 1 NSTR UCTI O NS At the General Election of 2004 the voters of your County will cast their votes on the ballot illustrated 4 below. d n I Make sure you have completely I 1. TO VOTE YOU MUST BLACKEN THE OVAL I filled in the oval next to your choices. (40)COMPLETELY WITH A PENCIL. 2. TO WRITE-IN A NAME — BLACKEN THE OVAL(4W)TO THE LEFT OF THE DOTTED LINE AND WRITE-IN THE NAME ON THE 0 DOTTED LINE. If you vote for more candidates than allowed, or if you vote both Yes and.No on j EXAMPLE a measure, it is called an overvote. PRESIDENT(VOTE FOR ONE) Your vote will not count for that candidate or measure. O JOHN ALLEN DOE THOMAS JEFFERSON C=J.Q.PUBLIC No � You do not have to vote on all contests. 3. DO NOT CROSS OUT— IF YOU CHANGE Those you do vote on will still be counted. YOUR MIND, CONTACT THE COUNTY Contact Deschutes County Elections office at . CLERK'S OFFICE FOR A REPLACEMENT 388"6547 to request a replacement ballot if: . ' BALLOT. 4 you make a mistake your ballot is damaged or spoiled your ballot is lost 4. REMEMBER, IF STATED ON YOUR BALLOT, VOTE BOTH or for any other reason. .Y SIDES OF OUR BALLOT a 1 866 ORE VOTES (se habla Espanol) www.oregonvotes.org I a TTY 1 866 350 0596 7; 9-22 Deschutes County November 2, 2004 Official Ballot Drop Site Locations Bend Redmond Deschutes Service Center Drive-By Drop Site New Location-1300 NW Wall St Redmond Public Library Box located on Parkway side of building 827 SW Deschutes Ave Available 7 days a week. Oct 25—Nov 1: 8 am—6 pm Election Day, Nov 2: open until 8 pm Election Day; Nov 2: 7 am -8 pm Drive-By Drop Site Redmond City Hall Corner of Wall St and Lafayette Ave 716 SW Evergreen Ave Oct 25—Nov 1: 8 am -6 pm Oct 18—Nov 1: 8 am -5 pm Election Day, Nov 2: 7 am -8 pm (Usual Business Hours) Election Day, Nov 2: 8 am -8 pm Deschutes County Road Department 61150 SE 27th St Sisters Available 7 days a week. Sisters City Hall Election Day, Nov 2: open until 8 pm 150 N Fir St Oct18—Nov1: 8am -5pm Welcome Center (Usual Business Hours) 63085 N Highway 97 Oct 29—Nov 1: 8 am—5 pm . Election Day, Nov 2: 8 am -8 pm Election Day, Nov 2: 8 am -8 pm Sunriver Sunriver Area Public Library La Pine Sunriver Business Park Drive-By Drop Site 56855 Venture Ln La Pine Public Library Oct 29: 10 am - 5 pm 16425 First St Nov 1: 10 am—6 pm 1st St& Huntington Rd Election Day, Nov 2: 8 am -8 pm Oct 25—Nov 1: 8 am -6 pm' Election Day, Nov 2: 7 am -8 pm County Clerk's office hours are being extended: October 18 — November 1: 7 am to 7 pm /Election Day, November 2: 7 am to 8 pm New location— 1300 NW Wall St, 2nd Floor, Bend Remember! All ballots must be received at a drop site or the Deschutes County Clerk's Office no later than 8:00 pm, Election Day, November 2, 2004. Postmarks Do Not Count! 9-23 OF O vot rs' H ; : 0 pamphl t X859 volume 1 - state measures I r1Yr �keY a Oregon Vote-by-Mail General Election November 2, 2004 Bill Bradbury Oregon Secretary of State This Voters' Pamphlet is provided for assistance in casting your vote-by-mail ballot. F OFFICE OF THE SECRETARY OF STATE �� ELECTIONS DIVISION BILL BRADBURY = C JOHN LINDBACK N' t C DIRECTOR SECRETARY OF STATE 0 Z 141 STATE CAPITOL PADDY J.MCGUIRE SALEM,OREGON 97310-0722 DEPUTY SECRETARY OF STATE (503)986-1518 Dear Oregonian, It's time again to do your part for democracy. This is an historic election, with more activity surrounding voter registration than ever before. As Chief Elections Officer, I'm excited to see so much interest in voting, and I want to take this opportunity to thank those of you who are already registered and to encourage those of you who aren't to register today. By registering to vote, you give yourself the power and the opportunity to have a say in the policies and priorities that govern our cities, counties, state and nation. You should re-register if your address has changed, your name has changed, or your signature has changed. If you are registering to vote for the first time or re-registering, please use the voter registration card available in this pamphlet, or online at www.OregonVotes.org. If you are registering for the first time, you must register by October 12 to participate in this election. If you have any questions about registration, about filling out your ballot, or about getting a replacement ballot if you make a mistake, please call our toll-free voter information line at 1-866-ORE-VOTES (1-866-673-8683) or our TTY line for the hearing impaired at 1-866-350-0596. Elections representatives are available to answer all of your questions about voting Monday through Friday, 8:00 am to 5:00 pm. For those of you who are already registered to vote, please return your ballot so that it is received by November 2. Remember, the decisions you make with your ballot will affect all of our lives and our future. Best Wishes, Bill Bradbury Oregon Secretary of State On the cover,Mist rises from the frost on Fort Clatsop, the winter 1805-06 headquarters of Lewis and Clark's Corps of Discovery. This 1955 replica of the fort,reconstructed in the 1960's, is situated proximate to the original and lies at the heart of a significant advance in the commemoration of Lewis and Clark history:the Lewis and Clark National and State Historical Park. This timely increase in federal,state and local coordination of public stewardship,if enacted by Congress, will include sites throughout the lower Columbia region, such as Fort Clatsop, Fort Stevens, Fort Canby,and Ecola Park. Photo courtesy of the United States National Park Service. General Information Voters' Pamphlet The voters'pamphlet has been compiled by the Secretary of State since 1903,when Oregon became one of the first states to Your official 2004 General Election Voters'Pamphlet is divided provide for the printing and distribution of such a publication. into two separate volumes.This is Volume 1 and contains One copy of the voters'pamphlet is mailed to every household information on the eight statewide ballot measures,as well as in the state.Additional copies are available at the State Capitol, information on registering to vote. local post offices,courthouses and all county elections offices. Volume 2 will include the list of state candidates,statements submitted by candidates and political parties,and information about voting your ballot.It will also include your county Voters' Website Pamphlet if your county chooses to produce a Voters'Pamphlet Most of the information contained in this voters'pamphlet is also in combination with the state.Volume 2 will be delivered available in the Online Voters'Guide on the World Wide Web at October 13-15. www.sos.state.or.us/elections/nov22004/nov22004.html For each of the eight statewide ballot measures in this Voters' Pamphlet you will find the following information: (1)the ballot title; Espalnol (2)the estimate of financial impact; Una version en espanol de algunas partes de la Guia del Elector esta a su disposici6n en el portal del Internet cuya direcci6n (3)the complete text of the proposed measure; aparece arriba.Conscientes de que este material en Iinea podria (4)an impartial statement explaining the measure(explanatory no Ilegar adecuadamente a todos los electores que necesitan statement);and este servicio,se invita a toda persona a imprimir la version en Iinea y circularla a aquellos electores que no tengan acceso a (5)any arguments filed by proponents and opponents of the una computadora. measure. The ballot title is generally drafted by the Attorney General's Important! office.It is then distributed to a list of interested parties for public comment.After review of any comments submitted,the If your ballot is lost,destroyed,damaged or you make a mistake ballot title is certified by the Attorney General's office.The in marking your ballot,you may call your county elections office certified ballot title can be appealed and may be changed by and request a replacement ballot.One will be mailed to you as the Oregon Supreme Court. long as you request it by October 28.After that,you may pick it The estimate of financial impact for each measure is prepared by up at the elections office.If you have already mailed your origi- a committee of state officials including the Secretary of State, nal ballot before you realize you made a mistake,you have cast the State Treasurer,the Director of the Department of your vote and will not be eligible for a replacement ballot. Administrative Services and the Director of the Department of Your voted ballot must be returned to your county elections Revenue.The committee estimates only the direct impact on office by 8:00 p.m.election day,Tuesday,November 2,2004. state and local governments,based on information presented to the committee. Postmarks do not count The explanatory statement is an impartial statement explaining County elections offices are open on election day from the measure.Each measure's explanatory statement is written 7:OD a.m.to 8:00 p.m. by a committee of five members,including two proponents of the measure,two opponents of the measure and a fifth member appointed by the first four committee members,or,if they fail to Voter Information agree on a fifth member,appointed by the Secretary of State. For questions about voter registration,ballot delivery and return, Explanatory statements can be appealed and may be changed by the Oregon Supreme Court. marking the ballot,requesting a replacement ballot,absentee ballots,signature requirements,the voters'pamphlet,when and Citizens or organizations may file arguments in favor of or in where to vote,and other questions about elections and voting, opposition to measures by purchasing space for$500 or by call the toll-free voter information line at 1-866-ORE-VOTES submitting a petition signed by 1,000 voters.Arguments in favor (1-866-673-8683). of a measure appear first,followed by arguments in opposition to the measure,and are printed in the order in which they are Voter information line representatives can provide services in filed with the Secretary of State's office. both English and Spanish.TTY services for the hearing impaired are also available at 1-866-350-0596. Measure arguments are printed as submitted by the author. The state does not correct punctuation,grammar,syntax errors or inaccurate information.The only changes made are attempts to correct spelling errors if the word as originally submitted is not in the dictionary. Table of Contents Page Page County Elections Offices.................................................... 152 Voter Registration Information............................................ 4 Guide to State Measures.................................................... 7 Voters with Disabilities........................................................ 6 Voter Registration Card...................................................... 5,155 Official 2004 Primary Election Voters'Pamphlet 31 General Information Voter Registration Information Registering to Vote Selecting a political party To vote in Oregon you need to be registered in the county where You may want to select a political party when you register but it is not required.' you reside. You can register if you can answer yes to these three questions: "Major political parties require you to be registered as a member of their party in order to vote for their candidates in the Primary Election. -�Are you a resident of Oregon? 4 Are you a US citizen?` Updating your voter registration -+Are you at least 18 years old?' Once you have registered,you are responsible for keeping your 'In some cases you can register to vote before you turn 18 or before you information up to date.You can do this by completing and become a citizen.For more information call 1-866-ORE-VOTES. returning a voter registration card with the new information. You should update your registration if you do any of the Where and how to register following: You can get a voter registration card at any of the following 4 Change your home address places. 4 Change your mailing address -+In this Voters'Pamphlet(page 5 or 155) 4 Change your name 4 Any County Elections Office 4 Change your signature 4 The Secretary of State's Office -4 Want to change or select a political party -+Some state agencies such as the Division of Motor Vehicles If you notify your county elections office of your change of 4 A voter registration drive residence address after October 12,2004,you must request that You can fill the card out in person or send it in by US mail.` a ballot be mailed to you or go to your county elections office to You can also print out a registration card online at get your ballot. www.oregonvotes.org. You must include a copy of a current,valid form of identification if you have moved to a new county and are updating your `If you register by mail,and this is your first time registering in Oregon or registration by mail. you have moved to a new county and are updating your information,you must include a copy of a valid form of identification. Valid identification is a copy of one of the following showing your current name and address: your current photo identification(such as a driver's license) a paycheck stub a utility bill a bank statement a government document To vote in the November 2,2004,General Election,your com- pleted voter registration card must be either: 4 Postmarked by Tuesday,October 12,2004 Delivered to a county elections office by Tuesday,October 12, 2004 or 4 Delivered to any voter registration agency(e.g.,DMV)by Tuesday,October 12,2004. What is on the registration card To complete your registration you will provide your: 4 Full legal name -+Home address 4 Date of birth 4 Signature -+Valid identification(required only if you register by mail) Official 2004 General Election voters,Pamphlet 4 1 General Information Oregon Voter Registration qualifications K you check no in response to either of these questions,do not complete this form. Are you a citizen of the United States of America? O yes O no Will you be at least 18 years of age on or before election day? O yes O no personal Information please print name(required) last first middle home address(required,include apt.or space number) city zip code date of birth(required,month/day/year) phone number(optional) county of residence mailing address(required if different from home address) political party choose one of the following. O Constitution O Democratic O Libertarian O Pacific Green O Republican O Not a member of a party O Other signature I swear or affirm that 1 am qualiffed to be an elector,and I have told the truth on this registration. sign here date today Identification with mailed registration only Identification is requested only if you are a new registrant in this county and are mailing this form via the United States Postal Service.Identification is not required for updates within the same county or new registrations delivered in person or by means other than mail. Sufficient identification is a copy of one of the following showing your current name and address: -e valid photo identification(such as a driver's license) a paycheck stub -k a utility bill 4 a bank statement 4 a government document If previously registered and changing personal Information,fill out this section please print previous registration name previous county and state home address on previous registration date of birth(month/day/year) If you have any questions, or if you would like more information on voting in Oregon: call 1 866 ORE VOTES/673 8683 se habla espanol visit www.oregonvotes.org tty 1 866 350 0596 for the hearing impaired Voters with Disabilities If, because of a disability, you would like assistance in voting your ballot or You would like to request a cassette or CD version of the Voters' Pamphlet call 1 . . . ORE VOTES/673 . . . se r • r espallol • • • for ' r • impaired A digital audio version of the Voters' Pamphlet is available online at www.sos.state.or.us/elections Offidal 2004 General Elktlon VbWrs'Parnphiet 6 1 General Information Guide to State Measures Measure 31 8 Amends Constitution:Authorizes Law Permitting Postponement of Election for Particular Public Office When Nominee for Office Dies Measure 32 10 Amends Constitution: Deletes Reference to Mobile Homes from Provision Dealing with Taxes and Fees on Motor Vehicles. Measure 33 12 Amends Medical Marijuana Act: Requires Marijuana Dispensaries for Supplying Patients/Caregivers; Raises Patients' Possession Limit Measure 34 26 Requires Balancing Timber Production, Resource Conservation/Preservation in Managing State Forests; Specifically Addresses Two Forests Measure 35 50 Amends Constitution: Limits Noneconomic Damages (Defined) Recoverable for Patient Injuries Caused by Healthcare Provider's Negligence or Recklessness Measure 36 77 Amends Constitution: Only Marriage Between One Man and One Woman is Valid or Legally Recognized as Marriage Measure 37 103 Governments Must Pay Owners, or Forgo Enforcement,When Certain Land Use Restrictions Reduce Property Value Measure 36 133 Abolishes SAIF; State Must Reinsure, Satisfy SAIF's Obligations; Dedicates Proceeds, Potential Surplus to Public Purposes Official 2004 General 0 ctlon! ters'Pamphlet 7 1 General Information Measure 31 Senate Joint Resolution 19—Referred to the Electorate of Explanatory Statement Oregon by the 2003 Legislative Assembly to be voted on at the General Election,November 2,2004. Ballot Measure 31 amends the Oregon Constitution to allow the Legislative Assembly to enact laws that postpone an election for an elective public office if a candidate nominated for that Ballot Title office dies before the election.Current law does not allow the postponement of an election when a nominee for public office 1 dies before the election. Most elections in Oregon are conducted by mail. Under cur- rent law,if a candidate nominated for public office dies after AMENDS CONSTITUTION:AUTHORIZES LAW PERMITTING ballots have been mailed to voters,the name of a new nominee POSTPONEMENT OF ELECTION FOR PARTICULAR PUBLIC is not required to be printed on any replacement ballot. If the OFFICE WHEN NOMINEE FOR OFFICE DIES candidate who has died receives the highest number of votes, either the incumbent holding the office remains until a successor RESULT OF"YES"VOTE:"Yes"vote amends constitution'to is elected and qualified or a vacancy in the office results.For authorize law providing that an election for a particular public most public offices,vacancies are filled by appointment. office may be postponed when nominee for that office dies;. Ballot Measure 31 allows the Legislative Assembly to pass RESULT OF"NO"VOTE:"No"vote retains existing law,which laws that change this result.The laws would apply only in cases contains no provision permitting postponement of an election for when a candidate nominated for elective public office dies a particular public office when nominee for that office dies. before the election and would provide that:(1)The regularly SUMMARY:Amends constitution.Current law does not scheduled election for that office be postponed;(2)The office be provide for the enactment of a'law postponing an election for a filled at a subsequent special election;and(3)Votes cast for particular public offices when a nominee for that office dies. candidates for the office at the regularly scheduled election may Measure authorizes the legislature to enact a law permitting not be considered,and the surviving candidates must stand for postponement of an election for a particular public office when a and campaign for a subsequent special election. candidate nominated for that office dies,in that circumstance, Ballot Measure 31 is needed to provide exceptions to other the legislature may enact a law:(1)allowing the postponement provisions of the Oregon Constitution that state that the person of the regularly scheduled election for the office in question; who receives the highest number of votes is elected and that (2)allowing the office in question to be filled at a subsequent require certain offices to be filled at the general election. election;and(3)prohibiting the votes cast for candidates at the regularly scheduled election for the office In question from being At its 2003 regular session,the Legislative Assembly passed a considered.'Measure does not affect election process for other law that will take effect only if Ballot Measure 31 is approved by candidates or measures on the ballot the people.The law applies only to candidates nominated by a ESTIMATE OF FINANCIAL IMPACT:There is no financial effect major political party for the office of Governor,Secretary of State,State Treasurer,Attorney General,state Senator or state on state or local government expenditures or revenues. Representative.If a candidate nominated by a major political party for one of those offices dies within 30 days of a November general election,the election for that office only will be post- Text of Measure poned.The Secretary of State will call a subsequent special Be It Resolved by the Legislative Assembly of the State of election and the ballots cast for that office at the November general election may not be counted. Oregon: PARAGRAPH 1.The Constitution of the State of Oregon is Committee Members: Appointed by: amended by creating a new section 24 to be added to and Senator Rick Metsger President of the Senate made a part of Article II,such section to read: Representative Betsy Close Speaker of the House SECTION 24.When any vacancy occurs in the nomination Representative Bill Garrard Secretary of State of a candidate for elective public office in this state,and the Representative Wayne Krieger Secretary of State vacancy is due to the death of the candidate,the Legislative Representative Cliff Zauner Members of the Committee Assembly may provide by law that: (1)The regularly scheduled election for that public office (This committee was appointed to provide an impartial explanation of the may be postponed; ballot measure pursuant to ORS 251.215) (2)The public office may be filled at a subsequent elec- tion;and (3)Votes cast for candidates for the public office at the regularly scheduled election may not be considered. PARAGRAPH 2.The amendment proposed by this resolu- tion shall be submitted to the people for their approval or rejection at the next regular general election held throughout this state. NOTE:Boldfaced type indicates new language;[brackets and italic]type indicates deletions or comments. Official 2004 General'Election Voters'Pamphlet ' continued 4 8 1 Statewide Measures Measure 31 Arguments Legislate ie Argument in Support Ballot Measure 31 updates Oregon law to protect the right of the people of Oregon to determine by election the positions of Governor,Secretary of State,State Treasurer,Attorney General, State Senator and State Representative.The Oregon Legislature passed Senate Bill 552 during the 2003 session to provide for a major political party to replace its nominee during the general election if the nominee of that party dies within 30 days of a general election. Ballot Measure 31 makes the constitutional change necessary to allow Senate Bill 552 to take effect. Under current law,if a deceased candidate receives the highest number of votes,either the incumbent holding the office remains until a successor is elected or a vacancy in the office results.For most public offices,vacancies are filled by appointment. Recently,candidates in other states have died shortly before general elections.Those states have had procedures in place to allow elections to continue. Oregon currently has no procedures in place to postpone the vote-by-mail election for that office in such a situation. Ballot Measure 31 provides authority for a spe- cial election to be conducted to allow a replacement candidate to be placed on the ballot and considered by voters. Ballot Measure 31 ensures that the voters,not the appointment process,will determine who is elected to office.Ballot Measure 31 maintains the integrity of Oregon's election process by ensur- ing that their"elected"representatives are indeed elected by the people. We urge your support for Ballot Measure 31. Committee Members: Appointed by: Senator Rick Metsger President of the Senate Representative Brad Avakian Speaker of the House Representative Vic Backlund Secretary of State (This Joint Legislative Committee was appointed to provide the legislative argument in support of the ballot measure pursuant to ORS 251.245.) Note: No arguments,other than the Legislative Argument in Support,were filed with the Secretary of State. Official 2004 General Election Voters'Pamphlet r 9 1 Statewide Measures Measure 32 Senate Joint Resolution 14—Referred to the Electorate of PARAGRAPH 2.The amendment proposed by this resolu- Oregon by the 2003 Legislative Assembly to be voted on at the tion shall be submitted to the people for their approval or General Election,November 2,2004. rejection at the next regular general election held throughout this state. Ballot Title NOTE: Boldfaced type indicates new language;[brackets and italic]type indicates deletions or comments. 32 Explanatory Statement AMENDS CONSTITUTION:DELETES REFERENCE TO '. Ballot Measure 32(Senate Joint Resolution 14)proposes an MOBILE HOMES FROM PROVISION DEALING WITH TAXES amendment to section 3a,Article IX of the Oregon Constitution. AND FEES ON MOTOR VEHICLES. Section 3a,Article IX,specifies how revenues from taxes and RESULT OF"YES"VOTE"Yes'"vote allows taxes and fees on fees on motor vehicles may be used.Under the current version mobile hordes to be used for es"v hway ps taxes a of the section,fees on mobile homes are treated the same way 9 as fees on campers,motor homes,travel trailers,snowmobiles RESULT OF"NO"VOTE:"No"vote retains restriction on use of and like vehicles. Revenues from the fees may be used only for taxes and fees on mobile homes. highways and parks or recreation areas and for administrative SUMMARY:This measure authorizes expenditure of taxes and expenses for highways and parks or recreation areas. fees on mobile homes for nonhighway purposes.Under current Ballot Measure 32 was referred to voters by the 2003 law,taxes and fees on mobile homes are required to be spent Legislature.It proposes to delete the term"mobile homes"from for highway';or administrative purposes,but may also be used section 3a,Article IX of the Constitution.The Legislature has for park purposes. approved legislation directing that these fees be used for build- ing IMPACT: code related services, well as recording and transferring ownership documents for these homes,and assisting counties on state or local government expenditures or revenues. in gathering tax related information on mobile homes.The effect of Ballot Measure 32 would be to allow fees imposed on mobile homes to be used for these purposes. Text of Measure The 2003 Legislature transferred authority to regulate mobile Be It Resolved by the Legislative Assembly of the State of homes from the Driver and Motor Vehicles Services Division Oregon: (DMV)to the Oregon Building Codes Division of the Department PARAGRAPH 1.Section 3a,Article IX of the Constitution of of Consumer and Business Services(DCBS). Mobile homes will the State of Oregon,is amended to read: no longer be titled as vehicles in Oregon. Sec.3a.(1)Except as provided in subsection(2)of this sec- Ballot Measure 32 has no effect on owners of mobile homes tion,revenue from the following shall be used exclusively for the continuing to pay highway use taxes and fees when moving the construction,reconstruction,improvement,repair,maintenance, homes on the highways. operation and use of public highways, roads,streets and road- side rest areas in this state: Committee Members: Appointed by: (a)Any tax levied on,with respect to,or measured by the Senator Rick Metzger President of the Senate storage,withdrawal,use,sale,distribution,importation or receipt Representative Alan Brown Speaker of the House of motor vehicle fuel or any other product used for the propul- Milton D.Aleshire Secretary of State sion of motor vehicles;and David Mandell Secretary of State Don Miner Members of the Committee (b)Any tax or excise levied on the ownership,operation or use of motor vehicles. (this committee was appointed to provide an impartial explanation of the (2)Revenues described in subsection(1)of this section: ballot measure pursuant to ORS 251.215.) (a)May also be used for the cost of administration and any refunds or credits authorized by law. (b)May also be used for the retirement of bonds for which such revenues have been pledged. (c)If from levies under paragraph(b)of subsection(1)of this section on campers,[mobile homes,]motor homes,travel trailers,snowmobiles,or like vehicles, may also be used for the acquisition,development,maintenance or care of parks or recreation areas. (d)If from levies under paragraph(b)of subsection(1)of this section on vehicles used or held out for use for commercial pur- poses,may also be used for enforcement of commercial vehicle weight,size,load,conformation and equipment regulation. (3)Revenues described in subsection(1)of this section that are generated by taxes or excises imposed by the state shall be generated in a manner that ensures that the share of revenues paid for the use of light vehicles,including cars,and the share of revenues paid for the use of heavy vehicles,including trucks,is fair and proportionate to the costs incurred for the highway sys- tem because of each class of vehicle.The Legislative Assembly shall provide for a biennial review and,if necessary,adjustment, of revenue sources to ensure fairness and proportionality. Official 2004 General Election Voters'Pamphlet ' continued 4 10 1 Statewide Measures Measure 32 Arguments To fully implement this modernization of Oregon law,Article IX, Legislative Argument in Support Section 3a(1)(b)of the Oregon Constitution must be amended. For as long as anyone can remember,manufactured dwellings This change to Oregon law is supported by home owners, which include trailer houses,then mobile homes,and now manu- industry and government.There is no identified opposition to factured homes have been regulated by the Division of Motor this change. Vehicles(DMV).The homes were titled and licensed by DMV Please join us in voting yes on Measure 32. along with cars,trucks,campers,motor homes,travel trailers, etc.For a long time,Oregonians have asked why are houses Pat and Fred Schwoch regulated by DMV? Manufactured Home Owners of Oregon(OSTA) The 2003 Oregon Legislature looked at the existing regulatory Greg Harmon,President framework and concluded that it no longer made sense and Oregon Manufactured Housing Association change was needed.With the joint support of owners of manu- Eva L.I.Arce,President factured dwellings,industry and government,the Legislature Oregon Association of County Tax Collectors reorganized the way these dwellings will be regulated by the State of Oregon(SB 468). (This information furnished by Don Miner,Executive Director,Oregon Beginning in May of 2005,DMV's responsibilities to regulate Manufactured Housing association.) manufactured dwellings will be transferred to the Oregon This space purchased for$500 in accordance with ORS 251.255. Building Codes Division(BCD).On that date,manufactured The printing of this argument does not constitute an endorsement by dwellings will no longer be titled as vehicles. Instead,the the State of Oregon,nor does the state warrant the accuracy or truth Building Codes Division will issue an ownership document for of any statement made in the argument the dwelling. As part of this change,Article IX,Section 3a(1)(b)of the Oregon Constitution must be amended to ensure that fees collected by BCD when issuing the ownership document will remain with BCD.This will permit the Oregon Building Codes Division to use the fees to provide building code related services to owners of these dwellings. If this measure passes,manufactured dwellings will continue to Note:No arguments in opposition to this ballot measure were pay property taxes,the same as any other home. filed with the Secretary of State. In addition,the owner of the dwelling will pay highway use fees, such as weight mile fees,when moving the dwelling on the high- ways.However,once the dwelling has been placed permanently on the building site,the dwelling will not be assessed fees for the highway fund.Owners of other types of dwellings do not pay these fees. We urge your support for Ballot Measure 32. Committee Members: Appointed by: Senator Rick Metsger President of the Senate Representative Alan Brown Speaker of the House Representative Jackie Dingfelder Speaker of the House (This Joint Legislative Committee was appointed to provide the legislative argument in support of the ballot measure pursuant to ORS 251.245.) Argument in Favor THEY ARE NOT TRAILERS ANYMOREI Yesterday's mobile home has evolved into today's modern man- ufactured home.What was once considered a temporary form of housing has become a source of permanent housing,offering all of the construction quality and amenities of"site-built"homes. Since the 1950's,these homes have been regulated as vehicles, and titled and licensed by the Oregon Division of Motor Vehicles (DMV),along with cars,trucks,motor homes,and travel trailers. Owners of the homes are required to pay fees to DMV.After paying the appropriate fees,they are issued metal"plates".And like a license plate on a car,the plate must be displayed in the window of the home. In 2005 all of this will change.The homes will no longer be considered vehicles.Responsibility for regulating these homes will shift from the DMV to the Oregon Building Codes Division (BCD).At that time,these homes will no longer be titled as vehi- cles.Instead,the BCD will issue an ownership document for the home. Official 2004 General Election Voters'Pamphlet 11 1 Statewide Measures Measure 33 Proposed by initiative petition to be voted on at the General (4)ORS 475.300 to 475.346 are intended to make only those Election,November 2,2004. changes to existing Oregon laws that are necessary to protect patients and their doctors from criminal and civil penalties,and are not intended to change current civil and criminal laws Ballot Title governing the use of marijuana for nonmedical purposes[.]; (5)The State of Oregon has a right to regulate the public health and safety of its citizens pursuant to the police power 33 reserved to the sovereign States by the Tenth Amendment to the United States Constitution.This includes the right to AMENDS MEDICAL MARIJUANA ACT.REQUIRES regulate the licensing of the wholly intrastate distribution of MARIJUANA DISPENSARIES FOR SUPPLYING PATIENTS/ marijuana for medical purposes; CAREGIVERS;RAISES PATIENTS'POSSESSION LIMIT „ (6)Citizens of Oregon have the fundamental personal privacy right to use marijuana for medical purposes to RESULT OF"YES"VOTE:"Yes"vote amends Medical ameliorate pain,prolong life,and/or maintain bodily integrity, Marijuana Act:requires creating marijuana dispensaries to and for other medical purposes as guaranteed by the Ninth supply patients/caregivers;allows dispensary/caregiver sales to Amendment to the United States Constitution and as further patients;increases amount patients may possess. affirmed by the people of the State of Oregon by this Act; RESULT OF"NO"VOTE:"No"vote retains current Oregon (7)Patients for whom the medical use of marijuana is Medical Marijuana Act,which allows registered patients to beneficial have a personal privacy right to a safe affordable possess limited amounts of marijuana for medical purposes, supply of this medicine.No such supply can be guaranteed and prohibits marijuana sales. ' to these patients unless the persons providing the marijuana can be adequately compensated.No adequate supply of SUMMARY.Oregon Medical Marijuana Act currently allows medical marijuana can be assured for all patients who could registered patients to possess/deliver/produce limited amounts benefit from medical marijuana unless medical marijuana of marijuana for medical purposes.Current law prohibits all can be safely and lawfully dispensed in a regulated marijuana sales,including sales to patients.Measure creates intrastate market;and licensing program for:nonprofit,regulated medical marijuana (8)Oregon citizens have a right to the best available dispensaries,which may supply six pounds marijuana yearly per r scientific information regarding the safety and efficacy of patient,Permits dispensaries to sell marijuana to registered medical marijuana.Experiments to determine the best infor- patients/caregivers;percentage of proceeds funds program, mation cannot occur unless data is collected from patients Requires dispensaries to provide indigent patients marijuana. and licensed dispensaries.The people recognizing this right Requires county health departments in counties without licensed enact amendments necessary to conduct these scientific dispensaries to become dispensaries and supply,marijuana to experiments. registered patients.Allows designated caregivers to sell mari- juana to their registered patients.Increases marijuana registered patients may possess to ten mature plants,any number used in ORS 475.300 to 475.346: seedlings,one pound usable marijuana(six pounds if patient (1)"Attending physician"means a physician licensed under grows only one Crop yearly).Other provisions. ORS chapter 677,a naturopath licensed under ORS chapter 685 or a nurse practitioner certified under ORS chapter 678 ESTIMATE OF FINANCIAL IMPACT The measure would require who has[primary]responsibility for the care and treatment of a state expenditures of$340,000 to$560,000 per year on a recur- person diagnosed with a debilitating medical condition. ring basis,with additional one-time start-up costs'of$135,000. (2)"Debilitating medical condition"means: All but$75,{)00 of these costs may be offset by fees to be. (a)Cancer,glaucoma,positive status for human immuno- established by the Department of Human Services as provided deficiency virus or acquired immune deficiency syndrome,or in the measure.The financial effect on local government treatment for these conditions; revenues and expenditures cannot be determined'.. (b)A medical condition or treatment for a medical condition that produces,for a specific patient,one or more of the Text of Measure following: (i)Cachexia; Relating to medical marijuana;creating new provisions;and (ii)Severe pain; amending ORS 475.300,475.302,475.306,475.309,475.312, (iii)Severe nausea; 475.316,475.319,475.323,475.328,475.331,475.334,475.338, (iv)Seizures,including but not limited to seizures caused by 475.340,475.342 epilepsy;or Be It Enacted by the People of the State of Oregon: (v)Persistent muscle spasms,including but not limited to spasms caused by multiple sclerosis;or SECTION 1.ORS 475.300 is amended to read: (c)[Any other medical condition or treatment for a medical 475.300.The people of the state of Oregon hereby find that: condition adopted by the division by rule or approved by the (1)[Patients and doctors have found marijuana to be] division pursuant to a petition submitted pursuant to ORS Marijuana is an effective treatment for suffering caused by 475.334.]Any other medical condition for which,in the debilitating medical conditions[,]and,therefore,patients using determination of the attending physician,the medical use of marijuana should be treated like patients using other medicines; marijuana would be beneficial. (2)Oregonians suffering from debilitating medical conditions (3)"Delivery"has the meaning given that term in ORS should be allowed to use[small]adequate amounts of marijuana 475.005. without fear of civil or criminal penalties when their doctors (4)"Department"means the Department of Human advise that such use may provide a medical benefit to them and Services. when other reasonable restrictions are met regarding that use; [4](5)"Designated[primary]medical marijuana caregiver" (3)ORS 475.300 to 475.346 are intended to allow Oregonians means an individual eighteen years of age or older who has sig- with debilitating medical conditions who may benefit from the nificant responsibility for[managing the well-being of]supplying medical use of marijuana to be able to discuss freely with their or assisting in supplying marijuana to a person who has been doctors the possible risks and benefits of medical marijuana use diagnosed with a debilitating medical condition,and who is and to have the benefit of their doctor's professional advice; [designated as such on that person's application fora registry [and] identification card or in other written notification to the division.] Official 2004 General Election Voters'Pamphlet continued 4 12 1 Statewide Measures Measure 33 identified by a patient on the patient's application for a to six pounds per patient immediately following harvest, registry identification card or in other written notification to which is the amount provided by the United States govern- the department changing or updating the designated ment to patients through the Compassionate Investigational medical marijuana caregiver's status."Designated[primary] New Drug Program of the Department of Health and Human medical marijuana caregiver"does not include the person's Services. attending physician.A person who merely assists a patient in (2)If the individuals described in subsection(1)of this section the patient's use of medical marijuana does not become that possess,produce,deliver or[produce]transport marijuana in patient's designated medical marijuana caregiver by doing excess of the amounts allowed in subsection(1)of this section, SO. such individuals are not excepted from the criminal laws of the [(5)"Division"means the Health Division of the Oregon state but may establish an affirmative defense to such charges, Department of Human Services.] by a preponderance of the evidence,that the greater amount is (6)"Marijuana"has the meaning given that term in ORS medically necessary to mitigate the symptoms or effects of the 475.005. person's debilitating medical condition. (7)"Medical marijuana dispensary"means a nonprofit (3)[The Health Division shall define by rule when a marijuana entity that possesses,produces,delivers,transports, plant is mature and when it is immature for purposes of this supplies,and/or dispenses medical marijuana to patients section.]Cuttings,clones,seedlings,and starter plants shall and their designated medical marijuana caregivers,and to not be counted toward the ten plant limit unless they are other medical marijuana dispensaries."Medical marijuana greater than one foot long measured in any direction or dispensary"includes any employees or agents of such a contain usable mature female marijuana flowers. nonprofit entity. [(7)](8)"Medical use of marijuana"means the[production], SECTION 4.( medical marijuana dispensary may not possess,produce,deliver or transport marijuana for any possession,production,delivery,transportation,or administra- purpose except to assist patients with registry identification tion of marijuana,or paraphernalia used to administer marijuana cards in their medical use of marijuana or to assist desig- by smoking or vaporizing,eating or drinking,or through nated medical marijuana caregivers in supplying usable poultices or tinctures,as necessary for the[exclusive]benefit marijuana to qualified patients. of a person or persons to mitigate the symptoms or effects of (ri juana per year to a qualified patient or that person's A dispensary shall not deliver more than six pounds of [his or her]a debilitating medical condition. marijuana [(8)](9)"Production"has the same meaning given that term in ORS 475.005. designated medical marijuana caregiver unless that person presents an additional statement from the person's attend- [(9)](10)"Registry identification card"means a document ing physician that the greater amount is medically necessary issued by the[division]department that identifies a person as determined by the attending physician to mitigate the authorized to engage in the medical use of marijuana and the symptoms or effects of the person's debilitating medical person's designated[primary]medical marijuana caregiver,if condition. any. (3)A medical marijuana dispensary may not possess, [(10)](11)"Usable marijuana"means the dried leaves and produce,deliver,or transport an amount of marijuana flowers of the cannabis plant[Cannabis family Moracaea],and greater than needed to assure an adequate supply for any mixture or preparation thereof,that are appropriate for registered patients. medical use as allowed in ORS 475.300 to 475.346."Usable marijuana"does not include the seeds,stalks and roots of the SECTION 5.ORS 475.309 is amended to read: plant or any contaminated marijuana or any male marijuana 475.309.(1)Except as provided in ORS 475.316 and 475.342, plants or any marijuana clearly intended to be discarded,or a person engaged in or assisting in the medical use of marijuana the weight of other ingredients in marijuana prepared for or the possession,production,delivery,or transportation of consumption as food. marijuana is excepted from the criminal laws of the state for V1 1)](12)"Written documentation"means a statement signed possession,production,delivery,or transportation[or produc - by the attending physician of a person diagnosed with a tion]of marijuana,aiding and abetting another in the possession, debilitating medical condition or copies of the person's relevant production,delivery,or transportation[or production]of medical records. marijuana or any other criminal offense in which possession, SECTION 3.ORS 475.306 is amended to read: production,delivery,or transportation[or production]of marijuana is an element,if the following conditions have been 475.306.(1)A person who possesses a registry identification satisfied: card issued pursuant to ORS 475.309 may engage in,[and]or a (a)The person holds a registry identification card issued designated[primary]medical marijuana caregiver of such[a pursuant to this section,has applied for a registry identification person]persons may assist in,the medical use of marijuana card pursuant to subsection([9)10)of this section,or is the [only as justified]and the possession,production,delivery,or designated[primary]medical marijuana caregiver of a transportation of marijuana as needed to mitigate the symp- cardholder or applicant;and toms or effects of the person's debilitating medical condition. (b)The person who has a debilitating medical condition and Except as allowed in subsection(2)of this section,a registry his or her[primary]medical marijuana caregiver are collectively identification cardholder and that person's designated[primary] [in possession of]possessing,producing,delivering or medical marijuana caregiver may not collectively possess, [producing]transporting marijuana for medical use in the produce,deliver,or transport for produce]more than[the amounts allowed in ORS 475.306. following]: (2)The[division]Department of Human Services shall [(a)If the person is present at a location at which marijuana is establish and maintain a program for the issuance of registry not produced,including any residence associated with that identification cards to persons who meet the requirements of location,one ounce of usable marijuana,and] this section.Except as provided in subsection(3)of this section, [(b)If the person is present at a location at which marijuana is the department shall issue a registry identification card to any produced,including any residence associated with that location, person who pays a fee in the amount established by the three mature marijuana plants, four immature marijuana plants [division]department and approved by the Oregon Medical and one ounce of usable marijuana per each mature plant.] Marijuana Commission created by Section 23 of this 2004 (a)Ten marijuana plants at any one time;and Amendment and provides the following: (b)One pound of usable marijuana at any one time,unless (a)Valid,written documentation from the person's attending the person can show that they are only growing one crop of physician stating that the person has been diagnosed with a marijuana per year,and has registered that information with debilitating medical condition and that the medical use of the department,in which case the person may possess up Official 2004 General'Election Voters'Pamphlet continued 4 131 Statewide Measures Measure 33 marijuana may mitigate the symptoms or effects of the person's provided was falsified. debilitating medical condition and,if applicable,any statement (b)Denial of a registry identification card shall be considered a by the person's attending physician that the person may final[division]department action,subject to judicial review.Only need to exceed the limits established in ORS 475.306(1). the person whose application has been denied,or,in the case of (b)The name,address and date of birth of the person; a person under the age of 18 years of age whose application (c)The name,address and telephone number of the person's has been denied,the person's parent or legal guardian,shall attending physician;and have standing to contest the[division's]department's action. (d)The name and address of the person's designated Jurisdiction shall be in the Circuit Court,and venue will lie in [primary]medical marijuana caregiver,if the person has either the district where the applicant lives or in the district designated a[primary]medical marijuana caregiver at the time where the denial occurred,at the applicant's discretion. of application. (c)Any person whose application has been denied may not (e)A statement,for purposes of ORS 475.306(1)(b), reapply for six months from the date of the denial,unless so declaring whether the patient or their designated medical authorized by the[division]department or a court of competent marijuana caregiver will grow only one marijuana crop per jurisdiction. year. (6)(a)If the[division]department has verified the information (3)The[division]department shall issue a registry identifica- submitted pursuant to subsections(2)and(3)of this section and tion card to a person who is under 18 years of age if the person none of the reasons for denial listed in subsection(5)(a)of this submits the materials required under subsection(2)of this section is applicable,the[division]department shall issue a section,and the custodial parent or legal guardian with respon- serially numbered registry identification card within five days of sibility for health care decisions for the person under 18 years of verification of the information.The registry identification card age signs a written statement that: shall state: (a)The attending physician of the person under 18 years of (i)The cardholder's name,address and date of birth; age has explained to that person and to the custodial parent or (ii)The date of issuance and expiration date of the registry legal guardian with responsibility for health care decisions for the identification card; person under 18 years of age the possible risks and benefits of (iii)The name and address of the person's designated the medical use of marijuana; [primary]medical marijuana caregiver,if any;and (b)The custodial parent or legal guardian with responsibility (iv)Such other information as the[division]department may for health care decisions for the person under 18 years of age specify by rule. consents to the use of marijuana by the person under 18 years (b)When the person to whom the[division]department has of age for medical purposes; issued a registry identification card pursuant to this section has (c)The custodial parent or legal guardian with responsibility specified a designated[primary]medical marijuana caregiver, for health care decisions for the person under 18 years of age the[division]department shall issue an identification card to the agrees to serve as the designated[primary]medical marijuana designated[primary]medical marijuana caregiver at the caregiver for the person under 18 years of age;and caregiver's address listed on the application.The[primary] (d)The custodial parent or legal guardian with responsibility medical marijuana caregiver's registry identification card shall for health care decisions for the person under 18 years of age contain the primary information provided in paragraph(a)of this agrees to control the acquisition of marijuana and the dosage subsection. and frequency of use by the person under 18 years of age. (7)(a)A person who possesses a registry identification card (4)(a)A person applying for a registry identification card shall: pursuant to this section may submit the information required in (i)Notify the[division]department of any change in the this section to a county health department for transmittal to the person's name,address,attending physician or designated [division]Department of Human Services.A county health [primary]medical marijuana caregiver;and department that receives the information pursuant to this (ii)Annually submit to the[division]department: subsection shall transmit the information to the[division] (A)Updated written documentation of the person's debilitating Department of Human Services within five days of receipt of medical condition;and the information.Information received by a county health (B)The name of the person's designated[primary]medical department pursuant to this subsection shall be confidential and marijuana caregiver if a[primary]medical marijuana caregiver not subject to disclosure,except as required to transmit the has been designated for the upcoming year. information to the[division]Department of Human Services. (b)If a person who possesses a registry identification card (b)A person may present to their County Health Officer fails to comply with this subsection,the card shall be deemed written proof of a diagnosis within the last year of a expired. If a registry identification card expires,the identification debilitating medical condition listed in ORS 475.302(2).The card of any designated[primary] medical marijuana caregiver of County Health Officer shall authenticate the diagnosis of a the cardholder shall also expire. debilitating medical condition and this authentication shall (8)When a person notifies the department of any change meet the requirements in ORS 475.309(2)(a)that an attending in the person's name,address,designated medical physician state that the medical use of marijuana may marijuana caregiver,or address of a registered garden,the mitigate the symptoms or effects of the person's debilitating department shall issue the person a new registry identifica- medical condition. tion card within ten days of receipt of the updated (5)The[division]department shall verify the information information and shall issue a new registry identification card contained in an application submitted pursuant to this section for the person's designated medical marijuana caregiver. and shall approve or deny an application within thirty days of [(8)](9)A person who possesses a registry identification card receipt of the application. pursuant to this section and who has been diagnosed by the (a)The[division]department may deny an application only for person's attending physician as no longer having a debilitating the following reasons: medical condition shall return the registry identification card to (i)The applicant did not provide the information required the[division]department within seven calendar days of pursuant to this section to establish his or her debilitating notification of the diagnosis.Any designated [primary]medical medical condition and to document his or her consultation with marijuana caregiver shall return his or her identification card an attending physician or authentication of the debilitating within the same period of time. medical condition by a county health officer regarding the [(8)](10)A person who has applied for a registry identification medical use of marijuana in connection with such condition,as card pursuant to this section or that person's designated provided in subsections(2)and(3)of this section;or medical marijuana caregiver,[but]whose application has not (ii)The[division]department determines that the information yet been approved or denied,and who is contacted by any law Official 2004 General Election Voters'Pamphlet continued 4 141 Statewide Measures Measure 33 enforcement officer in connection with his or her administration, (2)(a)The department shall establish and maintain a possession,[delivery,or]production,delivery,or transportation program for the issuance of medical marijuana dispensary of marijuana for medical use may provide to the law enforce- licenses to persons who meet the requirements of this ment officer a copy of the written documentation submitted to section.The department shall promulgate rules and proce- the[division]department pursuant to subsections(2)or(3)of dures necessary to create a supply of medical marijuana for this section and proof of the date of mailing or other transmis- qualified patients.These rules shall be promulgated to sion of the documentation to the[division]department.This create an intrastate market in medical marijuana subject to documentation shall have the same legal effect as a registry regulations necessary to ensure that medical marijuana is identification card until such time as the person receives notifi- available to qualified patients. cation that the application has been approved or denied.The (b)The department shall issue a medical marijuana dis- department shall provide copies of an application for status pensary license to any person who provides the following: as a registered patient or as a designated medical marijuana (i)A fee paid to the department in the amount established caregiver to the person submitting the application at the by the department by rule.This fee shall initially be set at time the application is submitted to the department.These $1000; copies must be marked to clearly indicate the date the (ii)A petition signed by at least twenty-five registry application was received by the department. identification cardholders calling for the establishment of SECTION 6.ORS 475.312 is amended to read: the dispensary; 475.312.(1)If a person who possesses a registry identification (iii)The name of the dispensary; card issued pursuant to ORS 475.309 chooses to have a (iv)The physical address of the dispensary and any other designated[primary]medical marijuana caregiver,the person property where medical marijuana is possessed,produced, must designate the[primary]medical marijuana caregiver by delivered,transported,processed,or cultivated related to including the[primary]medical marijuana caregiver's name and the operations of the dispensary;and address: (v)The name,address,and date of birth of any person (a)On the person's application for a registry identification who is an agent of or employed by the medical marijuana card; dispensary. (b)In the annual updated information required under ORS (3)Notwithstanding subsection(4)(a)below,any county 475.309;or health department may be licensed by the department as a (c)In a written,signed statement submitted to the[division] medical marijuana dispensary.If no private dispensary is Department of Human Services. licensed in a county where one or more registered patients (2)A person described in this section may have only one resides within six months following enactment of these designated[primary]medical marijuana caregiver at any given amendments then the department shall grant the County time but may change their designated medical marijuana Health Department a medical marijuana dispensary license caregiver at any time by notifying the department and paying waiving the signature and license fee requirements.Once so an additional ten-dollar fee. licensed,the county health department shall dispense (3)A person who merely assists a qualified patient with medical marijuana to registered patients in that county as their medical use of marijuana but who is not designated as needed.Nothing in this section shall be construed to impinge on patients'rights to cultivate their own medical such on the patient's application form in other written marijuana,designate a medical marijuana caregiver to communication with the department shall not be considered that patient's designated medical marijuana caregiver. cultivate for them,or procure marijuana at a dispensary of (4)A person may be the designated medical marijuana their choice. caregiver for up to ten patients without a medical marijuana (4)The department shall establish the necessary rules and dispensary license. procedures to regulate the operation of medical marijuana (5)When a patient who possesses a registry identification dispensaries,including the following: card changes their designated medical marijuana caregiver, (a)Medical marijuana dispensaries shall be established as the department shall notify the designated medical nonprofit entities.They shall be subject to all applicable marijuana caregiver within ten days.The designated medical Oregon laws governing nonprofit entities,but need not have marijuana caregivers'exception from criminal laws shall received 501(c)(3)status from the Internal Revenue Service. expire ten days after notification by the department of their (b)Medical marijuana dispensaries shall be subject to cancellation. reasonable inspection by the department to determine that (6)Designated medical marijuana caregivers may be applicable rules are being followed.Reasonable notice shall compensated by their registry identification cardholders in be given prior to these inspections. any manner agreed on by both parties.This compensation (c)Medical marijuana dispensaries shall file quarterly shall not constitute transfer of marijuana for consideration reports with the department.These reports shall include: for the purposes of ORS 475.992. (1 An accounting of all income from and all expenditures incurred to possess,produce,deliver,or transport medical SECTION 7.(1)A medical marijuana dispensary is marijuana; excepted from the criminal laws of the state for possession, (ii)The quantity of marijuana in ounces delivered to each production,delivery,or transportation of marijuana,or aiding cardholder by their cans number in a manner that maintains and abetting another in the possession,production,delivery, the confidentiality of the registry cardholders'identity. or transportation of marijuana,or any other criminal offense (III)The total quantity of marijuana in ounces delivered for in which possession,production,delivery,or transportation consideration. of marijuana is an element,if: (iv)The total revenue received from marijuana delivered (a)The medical marijuana dispensary holds a medical for consideration. marijuana dispensary license issued by the department pursuant to this section; (v)The total quantity of marijuana in ounces delivered for no consideration and the total quantity delivered to each (b)The only delivery of marijuana is between the licensed indigent patient in a manner that maintains the confidential- medical marijuana dispensary and a person holding a valid ity of the registry cardholders'identity. registry identification card,designated caregiver card,or (d)The department shall collect a monthly fee from each another licensed medical marijuana dispensary;and medical marijuana dispensary that is a percentage of gross (c)The medical marijuana dispensary is in substantial revenue from delivery of medical marijuana.The percentage compliance with applicable rules promulgated by the shall be set at 10%unless the department determines that department for regulating medical marijuana dispensaries. this is insufficient to fund the program in which case the OffMal 2004 General Election Voters'Pamphlet continued 4 15 1 Statewide Measures Measure 33 department may increase the percentage but not more than ORS 813.010; to 20%. (b)[Engages in the medical use of Smokes marijuana in a (e)The department shall set these fees and the fee for a public place,as that term is defined in ORS 161.015,or in public dispensary registration license at a level to cover the costs view or in a correctional facility as defined in ORS 162.135(2)or of administering the Oregon Medical Marijuana Program. youth correction facility as defined in ORS 162.135(6); These costs shall not include the costs for legal advice and (c)Delivers marijuana to any individual who the person knows rulemaking which shall be paid out of the budget of the is not in possession of a registry identification card; Department of Human Services. (d)Delivers marijuana for consideration to any individual,even SECTION 8.The department shall establish a program to if the individual is in possession of a registry identification card, assist indigent patients in obtaining medical marijuana. unless the person delivering marijuana for consideration is (1)The purpose of this program is to provide a minimum an agent or employee of a medical marijuana dispensary,or medical marijuana to every registry the designated medical marijuana caregiver delivering to the supply of me dical identification le l l patient. patient for whom they are designated;or (2)The department shall establish income standards (e)[Manufactures or produces marijuana at a place other than one address for property under the control of the patient and based on eligibility for the Oregon Health Plan.A patient one address for property under the control of the primary shall qualify for this program if their income is at or below the level set for qualifying for the Oregon Health Plan.A caregiver the patient that have been provided to the Health Division;orr]]Manufactures or produces marijuana. a place patient who meets the income requirements but has that has not been registered with the department. insurance other than the Oregon Health Plan shall also be covered. [(0 Manufactures or produces marijuana at more than one address.] (3)Patients whose income is below the level set by the (2)In addition to any other penalty allowed by law,a person Oregon Health Plan shall receive a certificate of indigence who the[division]department finds has willfully violated the from the department that the patient may use to acquire medical marijuana at no cost from medical marijuana Provisions of ORS 475.300 to 475.346,or rules adopted under dispensaries. ORS 475.300 to 475.346,may be precluded from obtaining or fi ( using a registry identification card for the medical use of 4)Each medical marijuana dispensary shall be required to marijuana fora period of up to six months,at the discretion of provide medical marijuana to indigent patients.The dollar value of the medical marijuana provided to indigent patients the[division]department. must be at least 20%of the total dollar value of medical SECTION 10,ORS 475.319 is amended to read: marijuana sold by each medical marijuana dispensary each 475.319.(1)Except as provided in ORS 475.316 and 475.342, month. it is an affirmative defense to a criminal charge of possession (5)Each dispensary shall report monthly to the depart- [or],production,delivery,or transportation of marijuana,or any ment detailing which indigent patients received medical other criminal offense in which possession[or], production, marijuana from the dispensary and how much medical delivery,or transportation of marijuana is an element,that the marijuana in ounces they received,and the dollar value of person charged with the offense is a person who: the medical marijuana in a manner that maintains the (a)Has been diagnosed with a debilitating medical condition confidentiality of the indigent patients within 12 months prior to arrest and has been advised by his or (6)The department shall promulgate rules and procedures her attending physician that the medical use of marijuana may necessary to implement this program. mitigate the symptoms or effects of that debilitating medical (7)The department shall establish penalties for abuse of condition;or is the designated medical marijuana caregiver this program by dispensaries.Discriminating against for such a person; indigent patients by a pattern of delivering lower grade (b)Is engaged in the[medical use of marijuana]possession, medicine shall be considered abuse. production,delivery,or transportation of marijuana for medical (a)The penalty for a first violation shall be a warning. use;and (b)The penalty for a second violation shall include fines (c)Possesses or produces marijuana only in the amounts up to 20%of the monthly revenue of the dispensary. allowed in ORS 475.306(1),or in excess of those amounts if the (c)The penalty for a third violation shall include person proves by a preponderance of the evidence that the suspension of the dispensary's license for a period of time greater amount is medically necessary as determined by the to be determined by the department. person's attending physician to mitigate the symptoms or effects (d)The penalty for a fourth violation shall be revocation of of the person's debilitating medical condition. the dispensary license. (2)It is not necessary for a person asserting an affirmative (e)A licensed medical marijuana dispensary shall have the defense pursuant to this section to have received a registry right to de novo review by the Commission established by identification card in order to assert the affirmative defense Section 23 of these amendments,and shall have the right to established in this section. review of the Commission's decision by the Court of Appeals [(3)No person engaged in the medical use of marijuana who upon filing a notice of appeal within sixty days following an claims that marijuana provides medically necessary benefits and adverse decision by the commission. who is charged with a crime pertaining to such use of marijuana (8)The department shall establish a system of auditing shall be precluded from presenting a defense of choice of evils, the reports provided by the medical marijuana dispensaries as set forth in ORS 161.200,or from presenting evidence to determine that no indigent patient is receiving more supporting the necessity of marijuana for treatment of a specific marijuana than is allowed by this act. disease or medical condition,provided that the amount of marijuana at issue is no greater than permitted under ORS SECTION 9.ORS 475.316 is amended to read: 475.306 and the patient has taken a substantial step to comply 475.316.(1)No person authorized to possess,produce, with the provisions of ORS 475.300 to 475.346]. deliver,or transport[or produce]marijuana for medical use (3)No person charged with possession,production, pursuant to ORS 475.300 to 475.346 shall be excepted from delivery,transportation,or manufacture of marijuana,or any the criminal laws of this state or shall be deemed to have other criminal offense in which the possession,production, established an affirmative defense to criminal charges of which delivery,transportation,or manufacture of marijuana is an possession,production,delivery[or production]or transporta- element of the offense shall be precluded in any way from tion of marijuana is an element if the person,in connection with asserting the defense of choice of evils as set forth in ORS the facts giving rise to such charges: 161.200,where the person reasonably believes that the (a)Drives under the influence of marijuana as provided in possession,production,delivery,transportation,or Official 2004 General Election Voters'Pamphlet continued 4 16 1 Statewide Measures Measure 33 manufacture of marijuana is medically necessary.No such another physician licensed under ORS chapter 677,about the person shall be prevented from presenting any evidence, risks and benefits of medical use of marijuana or that the med- including scientific evidence,in support of the reasonable- ical use of marijuana may mitigate the symptoms or effects of ness of the person's belief.The objective reasonableness of the person's debilitating medical condition,provided the advice the person's belief shall be an issue only for the trier of fact is based on the attending physician's personal assessment of and the trial judge shall instruct the jury on the elements of the person's medical history and current medical condition;or the defense in all cases where such person subjectively has (2)Providing the written documentation necessary for such reasonable belief. issuance of a registry identification card under ORS 475.309,if (4)Any defendant proposing to use the affirmative defense the documentation is based on the attending physician's provided for by this section in a criminal action shall,not less personal assessment of the applicant's medical history and than five days before the trial of the cause,file and serve upon current medical condition and the physician has discussed the the district attorney a written notice of the intention to offer such potential medical risks and benefits of the medical use of a defense that specifically states the reasons why the defendant marijuana with the applicant. is entitled to assert and the factual basis for such affirmative SECTION 14,ORS 475.328 is amended to read: defense.If the defendant fails to file and serve such notice,the defendant shall not be permitted to assert the affirmative 475.328.No professional licensing board may impose a civil defense at the trial of the cause unless the court for good cause penalty or take other disciplinary action against a licensee based orders otherwise. on the licensee's medical use of marijuana in accordance with (5)If any person registers with the department as a the provisions of ORS 475.300 to 475.346 or actions taken by medical marijuana patient subsequent to his or her arrest the licensee that are necessary to carry out the licensee's role as and can establish by a preponderance of the evidence that a designated[primary]medical marijuana caregiver to a person he or she suffered from the debilitating medical condition at who possesses a lawful registry identification card issued the time of his or her arrest,any conviction arising out of pursuant to ORS 475.309. that arrest in which the possession,production,delivery,or SECTION 15,ORS 475.331 is amended to read: transportation of marijuana is an element shall be 475.331.(1)The[division]department shall create and main- punishable as a violation with a fine not to exceed$500. tain a list of the persons to whom the[division]department has SECTION 11.The department shall utilize data collected issued registry identification cards pursuant to ORS 475.309 from registered cardholders and licensed medical marijuana [and],the names of any designated[primary]medical marijuana dispensaries to engage in scientific research as to the safety caregivers,and any information concerning medical mari- and efficacy of marijuana as medicine.The department shall juana dispensaries.Except as provided in subsection(2)of this annually publish a report of the data and results.The depart- section,the list shall be confidential and not subject to public ment will establish procedures to assist any dispensary,or disclosure. any private or government researcher,in conducting (2)Names and other identifying information from the list research into the safety and efficacy of medical marijuana. established pursuant to subsection(1)of this section may be released to: SECTION 12,ORS 475.323 is amended to read: (a)Authorized employees of the[division]department as 475.323(1)Possession of a registry identification card or necessary to perform official duties of the[division]department; designated[primary]medical marijuana caregiver identification and card pursuant to ORS 475.309 shall not alone constitute proba- (b)Authorized employees of state or local law enforcement ble cause to search the person or property of the cardholder or agencies,only as necessary to verify that a person is a lawful otherwise subject the person or property of the cardholder to possessor of a registry identification card or that a person is the inspection by any governmental agency. designated[primary]medical marijuana caregiver of such a (2)Any property interest possessed,owned,or used in person or that a medical marijuana dispensary is licensed connection with the medical use of marijuana or acts incidental and registered. to the medical use of marijuana that has been seized by state or (3)The department shall establish a system so that law local law enforcement officers shall not be harmed,neglected, enforcement agencies can verify this information at any injured,or destroyed while in the possession of any law enforce- time. ment agency.A law enforcement agency has no responsibility to (4)Law enforcement agencies shall contact the depart- maintain live marijuana plants lawfully seized.No such property ment prior to obtaining a search warrant in any marijuana interest may be forfeited under any provision of law providing case unless they have specific credible evidence that activ- for the forfeiture of property other than as a sentence imposed rty not authorized under 475.300 to 475.342 has occurred. after conviction of a criminal offense.Usable marijuana and paraphernalia used to administer marijuana that was seized by SECTION 16,ORS 475.334 is amended to read: any law enforcement office shall be returned immediately upon a [4 75.334.Any person may submit a petition to the division determination by the district attorney in whose county the requesting that a particular disease or condition be included property was seized,or his or her designee,that the person from among the diseases and conditions that qualify as debilitating whom the marijuana or paraphernalia used to administer medical conditions under ORS 475.302.The division shall adopt marijuana was seized is entitled to the protections contained in rules establishing the manner in which the division will evaluate ORS 475.300 to 475.346.Such determination may be evidenced, petitions submitted under this section.Any rules adopted for example,[be]by a decision not to prosecute,the dismissal pursuant to this section shall require the division to approve or of charges,or acquittal. deny a petition within 180 days of receipt of the petition by the (a)If the law enforcement agency involved refuses to division.Denial of a petition shall be considered a final division return usable marijuana to the registry identification action subject to judicial review.] cardholder or designated medical marijuana caregiver cans- SECTION 17,ORS 475.338 is amended to read: holder then the law enforcement agency shall be liable to 475.338.The[division]Department of Human Services the cardholder for the fair market value of the marijuana. shall adopt all rules necessary for the implementation and SECTION 13.ORS 475.326 is amended to read: administration of ORS 475.300 to 475.346.Rulemaking 475.326 No attending physician may be subjected to civil expenses and any costs associated with legal advice sought penalty or discipline by the Board of Medical Examiners for: by the department shall be paid out of the budget of the (1)Advising a person whom the attending physician has diag- Human Resources Department and not from the Oregon nosed as having a debilitating medical condition,or a person Medical Marijuana Program budget. who the attending physician knows has been so diagnosed by Official 2004 General Election Voters'Pamphlet continued- 17 1 Statewide Measures Measure 33 SECTION 18,ORS 475.340 is amended to read: Explanatory Statement 475.340.Nothing in ORS 475.300 to 475.346 shall be Ballot Measure 33 allows the creation of licensed non-profit construed to require: (1)A government medical assistance program or private dispensaries regulated the Oregon Department of Human health insurer to reimburse a person for costs associated with Services to produce,possess,and sell marijuana di registered medical use of marijuana;or patients and/or caregivers.The measure requires dispensaries to the m (2)ed employer to accommodate the medical use of Pay license fees,keep records,submit monthly reports,be subject to inspection,and pay 10-20/o of gross revenue to the marijuana in any workplace except that the status of being a Oregon Medical Marijuana Program to fund the program.The registered medical marijuana patient shall not in and of itself constitute cause for denial or termination of employment. measure requires a program for indigent patients to receive medical marijuana at no cost from licensed dispensaries. SECTION 19,ORS 475.342 is amended to read: Dispensaries must distribute to indigent patients an amount at 475.342.Nothing in ORS 475.300 to 475.346 shall protect a least 20%of the dollar amount sold to registered patients each person from a criminal cause of action based on possession, month.Dispensaries must report monthly to the department how production,or delivery of marijuana that is not authorized by much medical marijuana was dispensed to indigent patients. ORS 475.300 to 475.346. Penalties for non-compliance will be established by the depart- ment.If no dispensary exists in a county within six months of SECTION 20,Reciprocity.The laws and rules of states passage of this measure,the department shall grant the county with medical marijuana laws shall be given full faith and health department a medical marijuana dispensary license, credit by the state of Oregon. waiving the signature and license fee requirements. Licensed SECTION 21.Any person who lawfully possesses a dispensaries are subject to felony prosecution if they are found registry identification card,as defined in ORS 475.302(9),or to be out of substantial compliance with the department's any medical marijuana dispensary as defined in ORS regulations or to have distributed marijuana to persons other 475.302(7),shall be guaranteed such rights as are conferred than caregivers,patients,or other dispensaries. by this Act,by means of a cause of action in law or equity, Current law allows a caregiver to serve an unlimited number of against any person who acts to deny such rights. patients.The measure limits caregivers to serving up to 10 SECTION 22.If provisions of this act establishing medical Patients without a medical marijuana dispensary license.The marijuana dispensaries are enjoined or declared unconstitu- measure allows designated medical marijuana caregivers to be tional,then enforcing laws against delivery of marijuana for compensated by their registry identification cardholders in any consideration to cardholding patients shall be the lowest manner agreed on by both parties. priority of law enforcement. The measure increases the amount of marijuana that may be SECTION 23.(1)The department shall establish the possessed by a registered patient or designated medical Oregon Medical Marijuana Commission.This commission marijuana caregiver to 10 marijuana plants and one pound of shall oversee the management of the Oregon Medical usable marijuana at any one time.However,if a registered Marijuana Program administered by the department.This patient or designated medical marijuana caregiver has provided Commission shall have the authority to propose administra- information to the state demonstrating that the person is tive rules,veto OMMP staff decisions,and suggest future growing only one crop per year,that person may possess up to legislative changes to this Act.The staff of the Oregon six pounds per patient immediately following that one harvest. Medical Marijuana Program must follow directives of this With physician approval,patients may exceed statutory limits. Commission. The measure amends the Oregon Medical Marijuana Act to (2)The Commission shall consist of the following include licensed Naturopaths and Nurse Practitioners in the positions: definition of"attending physician"for purposes of the Act.The (a)One patient representative elected by the registry measure expands"debilitating medical condition"to include any identification cardholding patients; other medical condition for which the use of marijuana would (b)One caregiver representative elected by the benefit the patient as determined by the attending physician. cardholding caregivers; The measure requires law enforcement agencies to contact the (c)One medical marijuana dispensary representative department prior to obtaining a search warrant in any marijuana elected by the dispensaries; investigation unless they have specific credible evidence that (d)One representative from law enforcement chosen by unlawful activity has occurred.The measure retains criminal the Oregon District Attorneys Association; Penalties for non-medical use of marijuana. (e)One representative from the criminal defense bar chosen by the Oregon Criminal Defense Lawyers The department shall promulgate rules to implement this act and Association; shall establish the Oregon Medical Marijuana Commission to (f)One representative from the medical profession to be oversee the management of the Oregon Medical Marijuana chosen by the Governor after consultation with medical Program,administered by the department.The Commission professional organizations;and would have authority to propose rules,veto staff decisions,and (g)One representative from the department who will serve suggest legislative changes. as a non-voting member. The department shall engage in scientific research as to the (3)The department shall promulgate all rules necessary safety and efficacy of marijuana as medicine and annually for the implementation of this section. publish a report of the data and results. SECTION 24.Any amendment to any provision of the Oregon Medical Marijuana Act(ORS 475.300 to 475.346) Committee Members: Appointed by: enacted after the filing of the initiative measure proposing Edward Glick Chief Petitioners these 2004 amendments to the Act,but prior to its John Sajo Chief Petitioners enactment,are hereby repealed. Sheriff Bernie Giusto Secretary of State SECTION 25,Severability.If any Section or part of this act Anna Peterson Secretary of State is declared invalid,then all the remaining Sections remain in Don Smith Members of the Committee effect. (This committee was appointed to provide an impartial explanation of the NOTE:Boldfaced type indicates new language;[brackets and ballot measure pursuant to ORS 251.215.) italic]type indicates deletions or comments. Official 2004 General Election Voters'Pamphlet continued-> 181 Statewide Measures Measure 33 Arguments money and can focus on serious crimes.The Oregon Health Argument in Favor, will save money because many patients can reduce their (subsidized)intake of other drugs when they have medical mari- Patients and Caregivers Say Vote Yes on Measure 33 juana. Policy makers will benefit from the scientific research Oregon Green Free(OGF)is a non-profit organization of funded by the program. Oregon Medical Marijuana Program patients and caregivers, Vote for compassion and common sense.Please Vote Yes on registered with the Oregon Medical Marijuana Program(OMMA). Measure 33. We support Measure 33 for the following reasons: (This information furnished by John Sajo,A Life with Dignity Committee.) It addresses many of the problems patients/caregivers have This space purchased for$500 in accordance with ORS 251.255. encountered under the laws of the original OMMA. The printing of this argument does not constitute an endorsement by It allows for a more reasonable amount of medication to be the State of Oregon,nor does the state warrant the accuracy or truth grown and possessed by the patient/caregiver. of any statement made in the argument. It allows for the creations of dispensaries where patients/care—givers may obtain medical marijuana and not have to resort to the black market. It frees up law enforcements time,and resources,to concen- Measure 33 will pay for itself trate on more serious crimes. The 1998 Voter Pamphlet's estimated fiscal impact for the Oregon Medical Marijuana Act was,"annual state expenditures It supplies patients who are incapable both physically and are estimated at$147,000...Some or all of these costs may be financially access to free medicine. offset by fees..." Oregon Green Free does not endorse,nor encourage,illegal As of March 2004 the Oregon Medical Marijuana Program drug use.We are a group of patients and caregivers who use had a cash surplus of$986,356.This is revenue from patient marijuana as an alternative medicine for the relief of pain,suffer- fees that exceeds expenditures to run the program. ing,and as a substitute for more damaging pharmaceuticals. Measure 33 will save taxpayers'money. We ask for your support in passing Ballot Measure 33 to help us do so legally and safely. The Oregon Medical Marijuana Program costs taxpayers nothing and actually adds to the general fund.The program Marijuana used for medicinal purposes is medicine and it pays for itself and will continue generating a surplus.Over works. $25,000 has already been taken from patient fee revenues and Please vote Yes on Measure 33. put into the general fund by Oregon House Bill 2148. Plus,when Oregon Green Free—Patients and Caregivers United patients can get their medical marijuana at dispensaries instead 9 g of growing their own,there will be fewer medical marijuana conflicts with law enforcement thus decreasing burden on law (This information furnished by James L.Klahr,Oregon Green Free.) enforcement budgets. This space purchased for$500 in accordance with ORS 251.255. Surplus funds generated by the Oregon Medical Marijuana The printing of this argument does not constitute an endorsement by Program will be used to fund research into the safety and effi- the State of Oregon,nor does the state warrant the accuracy or truth cacy of marijuana as medicine.We can do that research right of any statement made in the argument. here in Oregon and determine what conditions benefit from mar- ijuana.We can find healthier ways to administer marijuana so Argument in Favor', patients don't have to smoke it.Scientists can determine what constituents in marijuana are most active and why they work. Measure 33 creates dispensaries to act like pharmacies. Our marijuana policy can be guided by science,not myth. Marijuana is medicine.Qualified patients should be able to get it Measure 33 regulates medical marijuana. at Health Department regulated dispensaries just like they would After this law passes,medical marijuana will come from regu- use a pharmacy for other medicine. lated,licensed,inspected dispensaries.Patients will know what Oregon voters passed the Oregon Medical Marijuana Act they are getting.The illegal market supported by desperate (OMMA)six years ago.This law allows patients,with a doctor's patients will dry up. approval,to grow marijuana for medical use.This law has been Measure 33 is a compassionate law that means less suffering for a blessing to the thousands of qualified patients who are able to thousands of patients.And it will also save Oregonians money. grow marijuana or find a caregiver to grow it for them.But most Please vote Yes on Measure 33. patients are too sick to grow marijuana or they need it immediately and the OMMA doesn't address where patients are John Sajo supposed to get it.Measure 33 addresses this. Chief Petitioner,Measure 33 Our opponents claim marijuana is not medicine.Then why have Dillard,Oregon 1,413 Oregon doctors qualified their patients(in writing)?All the (This information furnished by John Sajo,A Life with Dignity Committee.) foot dragging on medical marijuana is just hurting patients! This space purchased for$500 in accordance with ORS 251.255. Federal law prevents Oregon pharmacies from selling medical The printing of this argument does not constitute an endorsement by marijuana;Measure 33 creates a system of dispensaries reg- the State of Oregon,nor does the state warrant the accuracy or truth ulated by the Health Department to supply patient's needs. of any statement made in the argument. Unlike the current"caregiver"system,dispensaries would be regulated and fees they pay would fund the program. This system will work for everyone.Patients will be able to get medicine in a safe and secure environment,where they are able to obtain medicine of consistent quality at an affordable price. Law enforcement will have fewer patients growing their own marijuana to worry about.The criminal justice system will save Official 2004 General Election Voters'Pamphlet continued 4' 19 1 Statewide Measures Measure 33 Arguments Richard Bayer, MD Argument in Favor Larry Bogart,MD Alan Cohn,MD Measure 33 Facts Point to a Yes Vote Nancy Crumpacker,MD Number of Oregon physicians participating in the Oregon David Dodge,MD Medical Marijuana Program: Peter Goodwin,MD 1,413 (This information furnished by Richard Bayer,MD.) Number of registered patients: This space purchased for$500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by 10,196 the State of Oregon,nor does the state warrant the accuracy or truth Number of significant adverse health consequences: of any statement made in the argument. 0 Argument in Favor Number of pharmacies where patients can buy medical marijuana: Patients with spinal injuries deserve a reliable source of 0 medicine Marijuana is medicine.It can be used safely and effectively Medical marijuana makes my life bearable. I was paralyzed from under a doctor's supervision. the neck down by a drunk driver years ago.I am dependent on my caregivers' help to eat,take my medicine,and do just about If you or your loved one needed this medicine,wouldn't you everything else.I still have pain,even though I can't move. want to be able to get it through a safe regulated system? Doctors prescribe morphine and other strong drugs for my pain. Shouldn't the 1,413 doctors supervising patient's medical mari- And,I am patient-cardholder in the Oregon Medical Marijuana juana use have the best possible scientific research to guide Act(OMMA)program. them? Marijuana lessens my pain and makes me feel better.When I Vote Yes on 33 have a steady supply of good medical marijuana I use less morphine.It makes my life worth living.Measure 33 will help (This information furnished by John Sajo,A Life with Dignity Committee.) patients gain access to a safe steady supply of medical This space purchased for$500 in accordance with ORS 251.255. marijuana. The printing of this argument does not constitute an endorsement by Many patients with spinal injuries find medical marijuana helps the State of Oregon,nor does the state warrant the accuracy or truth relieve pain and spasm caused by nerve damage. ..even when of any statement made in the argument. other medicines fail or cause bad side effects. Because of restrictions in the current OMMA,it is very difficult Argument in Favor for caregivers to help me.I am unable to smoke marijuana so I depend on my caregiver to make medicated cookies that I use. Compassionate Physicians Support Measure 33 It would be much easier for both of us if we could just buy med- ical marijuana products at a pharmacy or dispensary.Measure As physicians,we support the rights of patients to use medi- 33 dispensaries would be able to provide patients like me with a tines that might help them treat their conditions.We know consistent supply of medicine.That's why I agreed to be a medical marijuana helps patients,including those for whom Chief-Petitioner for Measure 33. standard pharmaceutical options cause adverse effects or fail. That's why we urge you to vote YES on Measure 33. Measure 33 is an amendment to the already successful Oregon Medical Marijuana Act passed by voters in 1995.Measure 33 For centuries,patients used marijuana(cannabis)as medicine, will add state regulated dispensaries where patients can achieving favorable results to treat a variety of conditions.Even safely and reliably purchase medical marijuana. as medical technology improves,pain and symptom control This will improve access to medicine for many patients.So, remains an important part of compassionate medical care.Many please join improve and Vote Yes on Measure 33. dying and suffering patients are afflicted with conditions for which the responsible use of marijuana as medicine helps. Ken Brown,quadriplegic Patients with cancer,AIDS,multiple sclerosis,spinal cord Chief Petitioner,Measure 33 injuries,intractable pain and other debilitating conditions report Gresham,Oregon significant relief of symptoms by using marijuana as medicine. (This information furnished by Kenneth Scott Brown,A Life with Dignity Numerous reports and articles including the 1999 Institute of Committee.) Medicine report commissioned by the White Office of National Drug Control Policy conclude marijuana works as medicine. This space purchased for$500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by Currently,the federal government schedules marijuana so physi- the State of Oregon,nor does the state warrant the accuracy or truth cians cannot prescribe it even though we can prescribe powerful of any statement made in the argument. drugs like morphine.In spite of federal intransigence,we know state laws like the Oregon Medical Marijuana Act help because over 10,000 patients and 1,400 doctors participate. Argument in Favor Measure 33 is an amendment to the Oregon Medical The war on drugs should not interfere with medical care. Marijuana Act that expands patient access to medical care and medicine.Measure 33 is not legalization because a Many patients with debilitating conditions benefit from medical health care provider must qualify the patient.Primarily,Measure use of marijuana.If federally legal, physicians would prescribe 33 establishes dispensaries so patients can get immediate marijuana to suffering patients,many of whom are terminally ill. access to medicine-just like a pharmacy.Please join us and Instead,compassionate citizens must pass state laws to exclude vote YES on Measure 33. patients with debilitating conditions from state criminal laws.The examination room is for treating patients and should never be a battlefield for the war on drugs.The decisions of dying and Official 2004 General Election Voters'Pamphlet contjnued> 20 1 Statewide Measures Measure 33 Arguments suffering patients should be respected. -shift the OMMP funding burden from patients by requiring Some persons with cancer or AIDS find marijuana controls dispensaries to pay fees to the program.This will offset tax- nausea,vomiting,and weight loss allowing them to pursue Payer expenditures. treatment.Patients with spinal injuries and multiple sclerosis find Measure 33 will continue including cannabis patients into our relief from severe muscle spasms(spasticity)common with nursing,a practice that was begun by The Oregon Medical nerve damage.Many with painful conditions find relief with mari- Marijuana Act. Measure 33 acknowledges and respects that juana when other medicines fail. anyone who suffers from disease has a right to safely use I became a doctor to help others and that's also why I was a cannabis,or any other medicine that helps.As a nurse, I believe chief petitioner for the first Oregon Medical Marijuana Act that suffering people should never victimized by their search for relief.That's why I,and most nurses in Oregon will vote yes (OMMA)passed by Oregonians in 1998. Measure 33 is often on Measure 33. 1 hope you will too. called"OMMA 2"because both medical marijuana initiatives are moderate proposals to protect patients with serious illnesses Edward Glick,RN from arrest and prosecution when using marijuana under med- Monmouth,OR ical supervision. Neither are"legalization"initiatives since both Co-Chief Petitioner,Ballot Measure 33 require authorization by a medical practitioner. Measure 33 improves the original OMMA by improving access to (this information furnished by Edward Glick,RN.) medical care and medicine. Measure 33 creates medical mari- This space purchased for$500 in accordance with ORS 251.255. juana dispensaries so someone who needs medical cannabis The printing of this argument does not constitute an endorsement by immediately does not have to wait months to grow a garden.It the State of Oregon,nor does the state warrant the accuracy or truth also allows Nurse Practitioners and Doctors of Naturopathy to of any statement made in the argument. sign registry applications and increases possession limits to necessary amounts used by patients.When it comes to pain Argument in Favor and symptom management,Measure 33 is truly a"patient bill of rights". Patients support Measure 33. Please join me and vote YES on Measure 33. Hello. My name is Jeanelle Bluhm.I have Multiple Sclerosis Richard Bayer,MD,FACP (MS),and I use medical marijuana.I support ballot measure 33. Board-Certified,Internal Medicine Medical marijuana helps control the muscle spasms common Chief Petitioner,Oregon Medical Marijuana Act(1998) with MS so I don't have to take as many prescribed drugs. Portland,Oregon Overall,medical marijuana has greatly improved my quality of (This information fumished by Richard Bayer,MD.) life. This space purchased for$500 in accordance with ORS 251.255. Under the Oregon Medical Marijuana Act(OMMA), I was the first The printing of this argument does not constitute an endorsement by patient in Oregon to receive a permit to legally use medical mari- the State of Oregon,nor does the state warrant the accuracy or truth juana(registry card#1). 1 am fortunate because my husband is of any statement made in the argument. my medical marijuana caregiver and he is an excellent gardener, which means I have a safe and constant supply of medicine. That means I don't have to try to find medicine on the"scary Argument in Favor black market." But there are too many patients that do not have medicine,and that isn't right.Patients should not be Compassionate Nurses Support Measure 33 forced to risk violence on the black market to obtain the medi- As a Registered Nurse,I am guided by compassion,intelligence cine that works best. and acceptance in my practice. Many patients have told me that The OMMA,passed by Oregonians in 1998,was a great first marijuana relieves terrible symptoms.I believe them and I'm not step in helping medically needy people.But,it didn't provide a alone. way for many patients to have a safe and reliable source of Nurses all across Oregon understand that marijuana is med- medicine.This is especially true for patients who have an imme- icine.Our patients use marijuana to treat an illness like cancer imme- diate need for medicine but now must wait months for a garden a or reduce the side-effects of pharmaceuticals. Nurses under- and sometimes months to find a caregiver. Plus,some patient's gardens are damaged by pests or are burglarized and may not stand that marijuana is safe.We also believe that patients who suffer from serious or terminal illness have a right to legal pro- tection and a secure supply of medicine.That's why we need Measure 33 is not legalization because patients must have a Measure 33. debilitating condition and see an attending physician to qualify Measure 33 improves on six years'experience of The Oregon for a registry card. Medical Marijuana Act.Today,many program registrants don't Measure 33 will,when passed by the compassionate people of have a"caregiver"to grow medicine for them. Instead,they rely Oregon,provide an adequate amount of medicine.The may be on unregulated"black market"growers.Thousands of other either through growing a garden or through a state regulated patients are excluded from the registry program because their dispensary system that will function like a pharmacy.That doctor refuses to write a cannabis recommendation, way all patients can have safe and reliable access to medicine. Ballot Measure 33 will: Please vote YES on Measure 33.Thank you. -allow licensed,state-regulated dispensaries to donate and Jeanelle Bluhm sell safe,affordable supplies of cannabis to registered Portland,Oregon patients; -allow Nurse Practitioners and Naturopathic Physicians(in (This information furnished by Jeanette Bluhm) addition to MD's and DO's)to recommend cannabis therapy This space purchased for$500 in accordance with ORS 251.255. for any patient whom they think would benefit; The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth -increase plant and marijuana possession limits to reason- of any statement made in the argument. able levels(10 plants and one pound); Official 2004 General Election Voters'Pamphlet continued 4' 211 Statewide Measures Measure 33 Arguments Argument in Favor had to make it. Measure 33 will regulate medical marijuana and fix the OMMA. Don't let the war on marijuana interfere with choice in . Measure 33 creates state regulated dispensaries where cancer care. qualified patients can buy medical marijuana. As a medical oncologist(cancer specialist)who has treated • Measure 33 builds upon an existing program;therefore many Oregonians over the years,I know chemotherapy is often it does not create new bureaucracy. difficult.Uncontrolled vomiting can prevent a person with cancer • Measure 33 dispensaries will be self-funded by patient from completing the desired chemotherapy plan. I have seen and dispensary fees paid to the Human Services marijuana(cannabis)work as medicine to control vomiting even Department so Measure 33 will not cost taxpayers any when prescription medicine such as Compazine(prochlorper- money. azine)or Zofran(ondansetron)failed.New research suggests • Dispensaries will be required to keep records for every that combining newer prescription anti-vomiting drugs with gram of marijuana that is grown,sold,or given away by marijuana works better than either medicine alone. the dispensaries so that no marijuana ends up on the black market or in youth circles. Pain management,an important issue in managing cancer,can be complex because no medicine is 100%effective for every Yes on 33 is a smart,right and compassionate vote.Please join patient and adverse effects from medicines are common. me and support other cancer survivors by voting Yes on Marijuana has pain-relieving potency similar to prescription Measure 331 codeine.It is remarkable that some persons who do not tolerate Christopher Campbell,cancer survivor prescription pain medicines can use marijuana as medicine to achieve adequate pain relief.This gives patients and doctors (This information furnished by Christopher Campbell.) another choice to manage pain. This space purchased for$500 in accordance with ORS 251.255. The federal government should reschedule cannabis so that The printing of this argument does not constitute an endorsement by doctors can prescribe it.But,as the Oregon Medical Marijuana the State of Oregon,nor does the state warrant the accuracy or truth Act(OMMA)proved in 1998,it is possible to successfully create of any statement made in the argument. exceptions in state laws for persons with debilitating conditions when marijuana is medically supervised.And,these legal excep- tions translate into improved pain and symptom management for thousands of Oregonians. Law Enforcement Support for Measure 33 The original OMMA does not address where a cancer patient vomiting from chemotherapy or in severe pain might immediately Measure 33 is a win-win situation for all Oregonians as either obtain medical marijuana.Measure 33 allows for dispensaries, taxpayers or medical marijuana patients.In addition to the debil- which act like cannabis pharmacies,allowing sick people itating medical conditions now covered by the law, Measure 33 immediate access to cannabis.This might make a difference will allow attending physicians to determine which additional between success and failure of medical treatment so I urge to medical problems will qualify as"debilitating conditions". you please vote Yes on Measure 33. The benefit to taxpayer,who now foots the bill for the Oregon Nancy Crumpacker,MD Health Plan,will be reduced prescription drug costs.Instead of Board Certified,Medical Oncology and Internal Medicine having to pay for expensive painkillers like Oxycodone and Portland,Oregon Vicodin,patients can grow inexpensive medical marijuana. The current law is of no benefit to the patient diagnosed with (This information furnished by Nancy Crumpacker,MD.) cancer who starts chemotherapy next week but must grow a This space purchased for$500 in accordance with ORS 251.255. garden that can take many months.Measure 33 will provide The printing of this argument does not constitute an endorsement by non-profit dispensaries that will sell medicine to registered card- the State of Oregon,nor does the state warrant the accuracy or truth holders at low cost.Indigent patients will receive medicine at no of any statement made in the argument. cost because dispensaries must provide for free 20 percent of the dollar amount sold to registered cardholders. Argument in Favor Measure 33 will require Law Enforcement to check to first see if an address is registered with the Oregon Medical Marijuana Patients with cancer deserve safe access to safe effective Program(OMMP)before serving a search warrant for marijuana. medicine. This will contribute to the safety of officers as well as save a lot of valuable law enforcement resources.Measure 33 will help I am a cancer survivor.I had an operation in which doctors the criminal justice system by focusing resources on serious removed all or part of five organs and two-third of my stomach. crimes instead of patients trying to acquire their medical During six months of chemotherapy, I found out if I used med- marijuana. ical marijuana,I needed only one-third of the prescribed dose of pain medicine. In addition,registered OMMP patients cannot be discriminated against or terminated from employment simply for registering I am now a cardholder under the Oregon Medical Marijuana Act with OMMP. (OMMA).Unfortunately,I can't get a steady supply of medical marijuana because I am too sick to grow it.I have neither a safe Measure 33 is not"legalization in disguise".Only patients location nor or the considerable financial investment it takes to who have been qualified by an attending physician can register grow indoor marijuana.Plus,I am too poor to go to the black as a patient. market. If you or a loved one were sick,wouldn't you want safe reliable In 1998,Oregonians passed the OMMA.We led the nation by access to a medicine that helps?Medical marijuana should be having a cardholder registration system that works for law available through a safe regulated system.Compassionate care enforcement,the Oregon Department of Human Services,the and available medicine is what Oregon is all about.Please vote medical community,and patients.However,the OMMA didn't Yes on Measure 33. create a supply of medicine.And the plant and weight limits are Don DuPay unrealistic.Imagine if aspirin were just made legal,but the law Former Portland Police Detective said I could only possess 7 tablets,and that I couldn't buy it,I Official 2004 General,Election Voters'Pamphlet continued 221 Statewide Measures Measure 33 Arguments (This information furnished by Don DuPay.) condition will be prosecuted for the legitimate use of medical This space purchased for$500 in accordance with ORS 251.255. marijuana,developing a state licensing system for the regular The printing of this argument does not constitute an endorsement by and legal dispensing of medical marijuana to patients and the State of Oregon,nor does the state warrant the accuracy or truth appointing an oversight commission with the authority to regu- of any statement made in the argument. larly review the impacts of the OMMA and make recommen- dations to the legislature if,and when,changes need to be made to the OMMA. Argument In Favor Therefore we urge you to vote YES ON MEASURE 33 and Why does Measure 33 increase possession limits on keep the issue of medical marijuana in the doctor's office and medicine? out of the courtroom. Because patients need enough medicine to relieve sufferingl Leland R.Berger, Portland David T.McDonald, Portland Current limits on possession of medical marijuana and plants are Claudia Browne,Grants Pass Brian Michaels, Eugene so restrictive that virtually every qualified Oregon patient goes Richard A.Cramer,Roseburg John W.Neidig,Attorney at without medicine at some point.A law that forces patients to run Law,Portland out of medicine needs an amendment like Measure 33. John Henry Hingson III, Michael E.Rose,Portland Measure 33 sets reasonable limits:10 plants and 1 pound of Oregon City medical marijuana. Shaun S.McCrea,Eugene Phil Studenberg,Attorney at The current law only allows patients to possess one ounce away Law,Klamath Falls from the garden and once ounce per mature plant at the garden. This cumbersome definition means a patient can only possess (This information furnished by Leland R.Berger.) three ounces at home and one ounce when traveling. This space purchased for$500 in accordance with ORS 251.255. Patients use a dosage range of medical marijuana between two The printing of this argument does not constitute an endorsement by grams and two ounces per week.One pound or sixteen ounces the State of Oregon,nor does the state warrant the accuracy or truth of medical marijuana is a reasonable limit to prevent legitimate of any statement made in the argument. patients from arrest when growing medicine indoors under artifi- cial lights that allow multiple harvests per year. Argument in Favor The six-pound exemption Measure 33 creates would be for patients who harvest only one crop per year,as a more eco- It's time to stop arresting and prosecuting patients. nomical outdoor garden might.These patients must possess In 1998,Oregonians passed the first Oregon Medical Marijuana the entire twelve-month supply of medicine at the annual harvest Act,but legitimate patients are still being arrested and prose- and provide additional registration information to the Oregon cuted for trying to grow their own medical marijuana.This Department of Human Services. creates enormous emotional and physical stress,especially to The federal government provides six pounds or more of those already ill.Measure 33 will fix problems with the current medical marijuana each year to select patients.Unfortunately, law that are causing these unnecessary arrests of patients. the federal government closed this"Investigational New Drug On September 12,2003,a Washington County jury found Scott (IND)Program for marijuana"to any new patients over ten years ago so only a few remaining patients survive. But,the ongoing Gregorson"not guilty."He had been charged with manufacturing federal IND program still provides the best information on yearly a controlled substance(a felony)after police found three small quantities of medical marijuana patients often need. marijuana plants and eight scrawny,almost dead,cuttings (including one that turned out to be a shallot)in his home during Measure 33 is not legalization.After measure 33,it will still be a September 2001 raid.The law currently allows a patient to a class A felony to sell marijuana to anyone who is not a regis- have only seven plants. tered medical marijuana patient. The whole investigation should have been stopped,but the Measure 33 creates regulated dispensaries that will act like Department of Human Services,Oregon Medical Marijuana pharmacies and decrease patients'need to possess more Program(OMMP)made a mistake.When police called to verify than small quantities of medicine. that Mr.Gregorson was a patient,the OMMP failed to correctly (This information furnished by John Sajo,A Life with Dignity Committee.) verify he was a registered medical marijuana patient. After a three-day trial(where taxpayers paid for the judge,the This space purchased for$500 in accordance with ORS 251.255. prosecutor,the police witnesses,the expert defense witness,the The printing of this argument does not constitute an endorsement by court employees,etc...),the jury concluded that the scrawny the State of Oregon,nor does the state warrant the accuracy or truth cuttings were not plants. of any statement made in the argument. When Measure 33 becomes law,patients like Scott Gregorson will not have to try growing medical marijuana at home.He and Argument In Favor thousands of other patients who do not have a green thumb will be able to go buy their medicine at state-regulated dispen- OREGON LAWYERS SUPPORT MEASURE 33 saries that will operate as pharmacies for medical We are Oregon Lawyers who have defended individual mad- marijuana.Taxpayers will save the expense of arresting and ical marijuana patients and their caregivers who have been Prosecuting patients.A yes vote on Measure 33 will save taxpayers money. accused of wrongdoing by the government both prior to,and since passage of the Oregon Medical Marijuana Act(OMMA)in Measure 33 creates a state-regulated supply of medical mari- 1998.The OMMA was passed in an effort to protect legitimate juana,which will increase patient access to medicine.Please patients who use medical marijuana to treat debilitating medical vote Yes on Measure 33. conditions from arrest,prosecution and forfeiture.The amend- ments to the OMMA proposed in this initiative are intended to Chief-Petitioner, Measure 33 further refine and clarify the rules regarding the use of medical on Dillard,Ore marijuana by fostering positive doctor-patient relationships, g reducing the likelihood that a person with a debilitating medical Official 2004 General Election Voters'Pamphlet continued 4 23 1 Statewide Measures Measure 33 Arguments (This information fumished by John Sajo,A Life with Dignity Committee.) This space purchased for$500 in accordance with ORS 251.255. Q1'jL�llln @nt In Opposition The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth Voters are not convinced of the medicinal values of mari- of any statement made in the argument. juana.The federal government protects citizens from unsafe, ineffective substances sold as"medicines".The FDA has not approved marijuana as safe. • We rarely hear about superior alternative medicines for treatment of symptoms alleged to be treatable by Crude Marijuana. • According to Bill Walluks,Center for Effective Drug Abuse Research&Statistics,"from 1999 to 2001,seven of the nine medical marijuana states had a monthly marijuana use rate percentage change for 1 B-25 year olds that was above the national percentage change."Monthly marijuana use by 18-25 year olds in Oregon rose by 30% in that time span, in contrast to a national increase of only 3%. • The 10 plants plus 1 pound allowable marijuana equate to a total of 12,936 marijuana cigarettes(joints).This permitted number of joints would be equivalent to smoking 1 1/2 joints every hour of every day in the year. • What costs,including police protection,are involved for the State to license and regulate dispensaries?Will dispen- saries become victims of thefts, burglaries and robberies? • Will dispensaries be permitted on properties adjacent to schools or in areas frequented by young people? According to Dr.Robert DuPont,President, Institute for Behavior and Health and first Director of the National Institute on Drug Abuse(NIDA)the governments principal agency researching marijuana,"more people need to see'medical marijuana'for what it is:a cynical fraud and a cruel hoax. It is not about medicine;it is about the political exploitation of the public's compassion for suffering sick people.Legitimizing smoked mari- juana as a"medicine"is a serious threat to the health and safety of all Americans." Oregon has the fifth highest monthly marijuana use rate among states in the Nation,according to the Federal Government. Defeat this initiative to prevent further drug abuse and associ- ated problems.Enough is enough!!VOTE NO on any legalization of Marijuana. (This information furnished by Shirley Morgan,Oregon Against Legalization of Marijuana.) This space purchased for$500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth ofany statement made in the argument. Argument in Opposition The Oregon Medical Association Urges a NO vote on Measure 33 The Oregon Medical Association(OMA)representing 7,200 physicians urges voters to vote NO on Measure 33 because it is first a thinly disguised effort to legalize the use of marijuana without any medically scientific justification.It is bad public health policy because: • The British Lung Foundation reports smoking three mark Juana joints are as bad for your lungs as twenty tobacco cigarettes. • The National Institutes of Health reports marijuana contains fifty percent to seventy percent more cancerous substances than tobacco smoke. • The British Medical Journal reports that the medical litera- ture has shown an association between marijuana smoking and illnesses such as depression,schizophrenia,and Official 2004 General Election Voters'Pamphlet continued 4 241 Statewide Measures Measure 33 Arguments suicidal ideation. This space purchased for$500 in accordance with ORS 251255. Ballot Measure 33 is bad public policy because it creates new The printing of this argument does not constitute an endorsement by government bureaucracies such as: the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. • The Oregon Department of Health and Human Services to conduct medical research. Argument in Opposition • A new Government Commission of Marijuana. • A new government indigent program to pay for marijuana to I want Oregonians to know the truth about our medical mari- indigent patients and a new government licensing program. juana program and how Measure 33 puts patients in harms way! The Oregon Medical Marijuana Act,OMMA,is the best medical • In some instances requires County Health Departments to marijuana program in the United States.Patients can eat. dispense marijuana. Patients with Glaucoma have kept their sight.OMMA has meant Ballot Measure 33 is a thinly disguised attempt to legalize a better quality of life for both patients and their families. marijuana because FDA approved medications with the very At first,this program had little help.For the patient that assigned substance(fHC)that is in marijuana already is available to a caring compassionate caregiver,the patient got the help and patients. In addition,the measure allows"caregivers"to sell medicine they needed.Unfortunately,some patients assigned marijuana to"patients".In expanding the use of marijuana for dishonest caregivers that assumed the garden was theirs. new unspecified purposes,it allows"patients"to possess up to Patients were told how much medicine they could have and in six pounds of marijuana. some cases at what price.If Measure 33 was to pass,these The Oregon Medical Association believes the real purpose of dishonest practices would become legal. Measure 33 is to legalize marijuana under the medically unsub- Measure 33 would change our current"patient based"program stantiated guise of medical need. to allow non-patients to own and sell marijuana to atp ients.Law OMA urges you to vote NO on Measure 33 officers would no longer be able to protect OMMA and patients. Today's illegal black-market would become tomorrows dispen- John C.Moorhead,M.D. saries and be in control of our medical marijuana. President How dare Measure 33 put personal agendas,ahead of the Oregon Medical Association welfare of Oregon's patients endanger our program.This is my (This information furnished by John C.Moorhead,M.D.,President Oregon medicine!I've spent years helping with the development of Medical Association) Oregon's medical marijuana program.No one has the right to j This space purchased for$500 in accordance with ORS 251.255. eopardize our program. The printing of this argument does not constitute an endorsement by The spirit of,"patients helping each other"has empowered the State of Oregon,nor does the state warrant the accuracy or truth many to do extraordinary thing,including reaching beyond their of any statement made in the argument. own sickness to help others. Measure 33 would destroy the heart of OMMA. Argument 111 apposition Patients grow their medicine and medicate for their needs. We've learned how to cut marijuana plant clones for garden LIBERTARIANS SAY stock,and how to network with other registered cardholders. VOTE NO ON MEASURE 33 Caregivers can assist patients,but the plants and medicine always belong to the patients.OMMA has NO BUYING and The Libertarian Party of Oregon reluctantly urges a NO vote on NO SELLING of marijuana in Oregon. measure 33.For all the good intentions the measure represents My goodness,why couldn't they have written a legalization bill bringing true drug policy reform to Oregon. and for all the goals tries achieve, Measure 33 falls short of that said what it really was,so Oregonians could vote. There are many good and necessary elements of measure 33 Vote No on Measure 33! that need to be dealt with,most importantly adding Naturopaths God Bless and Nurse Practitioners to the list of health care professionals allowed to recommend cannabis to their patients.But Measure (This information furnished by Stormy Ray,Chief Petitioner for Measure 67 33 puts government where it doesn't belong, between the health that became OMMA.) care professional and their patients. This space purchased for$500 in accordance with ORS 251.255. Measure 33's requirement that the medical records of individual The printing of this argument does not constitute an endorsement by patients be kept and maintained is alone enough to reject this the State of Oregon,nor does the state warrant the accuracy or truth measure.It is a violation of patient privacy and personal choice- of any statement made in the argument. no place for government to tread. The Libertarian Party opposes any government program forcing Oregonians to register with the State to gain"special privileges," particularly those that are not applied to all Oregonians equally- whether they are using cannabis for medicinal reasons or not. The Libertarian Party of Oregon urges Oregonians to elect Libertarians to office so that drug policies can be enacted which will protect society,reduce drug abuse and protect the individual rights of all Oregonians as provided for in our Constitution. VOTE NO ON MEASURE 33 www.lporegon.orc 1-800-829-1992 (This information fumished by Richard P.Burke,Executive Director Libertarian Party of Oregon.) Official 2004 General Election Voters'Pamphlet 251 Statewide Measures Measure 34 Proposed by initiative petition to be voted on at the General untested and controversial management plan. Election,November 2,2004. Whereas,the Tillamook and Clatsop State Forests are the property and heritage of all Oregonians and Oregonians favor Ballot Title balance between timber harvests and environmental protection; and, Whereas,a portion of the revenue derived from all timber 34 harvests in the Tillamook and Clatsop State Forests should be dedicated to the Common School Fund to benefit all Oregon REQUIRES BALANCING TIMBER PRODUCTION,RESOURCE schools and families;and, CONSERVATIONIPRESERVATION IN MANAGING STATE Whereas,the Tillamook and Clatsop State Forests provide FORESTS;SPECIFICALLY ADDRESSES TWO FORESTS clean,abundant drinking water for hundreds of thousands of RESULT OF"YES"VOTE:"Yes'vote requires managing state Oregon's citizens;and, forests balancing,as equally beneficial,conservatonfpreserva- Whereas,there must be a preference for sustainable,highly tion and timber production;manages Tillamook,Clatsop forests skill,family wage jobs for workers in Oregon's forests;and, half for restoration,half for production. Whereas,the restoration of native forests is our legacy to RESULT OF"NO"VOTE:"No",vote retains current law allowing future Oregonians;and, mixed use state forest management;rejects:requiring management that values conservation and production equally, Whereas,the Tillamook and Clatsop State Forests are the separately managing Tillamook,Clatsop,Forests. largest contiguous unprotected temperate rainforest in the lower 48 states;and, SUMMARY:Current law directs that Board of Forestry manage all state forests to maximize"permanent value"(defined by Whereas,the Tillamook and Clatsop State Forests provide a board through mixed use,Including timber saies,mining, wide range of high quality recreational opportunities including, protecting,conserving,utilizing,forests.Measure requires man- but not limited to hiking,bird watching,fishing,biking,camping, agement defining"permanent value"as balancing sustainable kayaking,hunting,archery,muzzle loading,and motorized timber production with water"wildlife,watershed protection, recreation;and, recreation,forest restoration,considering resource conservation Whereas,the streams and rivers of the Tillamook and Clatsop equally beneficial to timber production.Manages Tillamook, State Forests are one of the best strongholds for wild salmon in Clatsop Forests half for forest restoration,prioritizing drinking the Pacific Northwest;and, water,habitat,fish protection;haft for sustainable timber produc tion,with restoration management steps recommended by Whereas,an abundance of fish,wildlife,recreational restoration science team.Addresses using timber'revenues for opportunities and non-timber forest products in the Tillamook common School Fund,forest restoration management(board and Clatsop State Forests support the local and state providing additional funding as needed);;continues current local economies;and, school funding levels.Measure declares it replaces any other Whereas,balanced management of the Tillamook and Clatsop management plan for Clatsop,Tillamook Forests adopted in State Forests will help prevent forest fires and Swiss needle cast 2044 election.Other provisions. disease through re-establishment of the native forest tree ESTIMATE OF FINANCIAL IMPACT: species and by limiting overcrowding through restorative With respect to the Tillamook and Clatsop State Forests: thinning. The measure is estimated to increase state expenditures by$1.5 NOW THEREFORE BE IT ENACTED BY THE PEOPLE OF THE million to$8.3 million per year;', STATE OF OREGON: The measure is estimated to decrease state revenue by$4.2 million to$10.3 million per year; SECTION 1.PRODUCING THE GREATEST PERMANENT The measure is estimated to require approximately$2 million of VALUE FROM OREGON'S STATE FORESTS one-time state expenditures; The Oregon Department of Forestry,the Oregon Board of The measure is estimated to decrease revenues for local Forestry and the State Forester while managing and making governments by$17.2 million to$19.4 million per year;and management decisions in order to secure the greatest There is no financial effect on local government expenditures. permanent value for the State of Oregon from its Board of The impact of the measure on other state forests cannot be Forestry Lands shall: determined.' (a)Balance the protection of drinking water,conservation of wildlife and salmon habitat,expansion and protection of recreational opportunities,restoration of native forests,and Text of Measure watershed preservation with sustainable timber harvests to provide the greatest economic,social,environmental,and health Whereas,individuals and businesses are attracted to Oregon benefits to the people of the State of Oregon. because of its natural beauty and quality of life;and, (b)Consider the conservation of land for drinking water, recreation,and fish and wildlife habitat to be as beneficial to the Whereas,the vast majority of the Tillamook and Clatsop State state as timber harvests. Forests will be logged unless Oregon citizens act to protect them;and, SECTION 2.BALANCING THE MANAGEMENT OF THE TILLAMOOK AND CLATSOP STATE FORESTS. Whereas,voters in 1948 approved financing to rehabilitate the The Oregon Department of Forestry,the Oregon Board of Tillamook and Clatsop State Forests and Oregonians from all Forestry and the State Forester following the advice of the walks of life, including generations of Oregon school children, Independent Restoration Science Team,as closely as planted 72 million trees;and, practicable,shall in compliance with Section One of this Act: Whereas,the restoration of the Tillamook and Clatsop State (a)Manage the Board of Forestry Lands in the Tillamook and Forests after the Tillamook Burn is an Oregon success story that Clatsop State Forests to facilitate the permanent restoration of a we and future generations will take pride in;and, native old growth forest on 50 percent of those lands over time. The priority for management shall be the protection of current Whereas,a forest management plan developed by a team of and future drinking water supplies and critical fish and wildlife independent scientists must be favored over the current habitat.Thinning of trees and other forest management of this Official 2004 General Election'Voters'Pamphlet continued 261 Statewide Measures Measure 34 area must be consistent with the goal of restoring a native old The Oregon Board of Forestry shall explain in a written report growth forest. and at public hearings how it intends to implement the (b)Manage the remaining 50 percent of the Board of Forestry recommended changes to the current management plan for the Lands in the Tillamook and Clatsop State Forests with the goal Tillamook and Clatsop State Forests and give the rationale for of sustainable timber and revenue production for the state, any departures from those recommendations. counties,and schools where the forests reside,creation of family (f)The Oregon Board of Forestry will adopt a new balanced wage jobs,and re-establishing forest tree species ecologically forest management plan for the Tillamook and Clatsop State and genetically adapted to those areas.The management Forests within three years of the passage of this Act.Review of regime used shall not be less protective of clean drinking water, the restoration area will be in 20-year intervals.Review shall be recreational opportunities,fish and wildlife habitat than the only to determine if the standards of restoration are being met. Northwest Oregon State Forests Management Plan. Changes in the management of the restoration area are allowed (c)Manage the forests to prevent catastrophic damage from if necessary to meet the goal of this Act. fires,floods,erosion,severe Swiss Needle Cast disease,forest (g)The Oregon Department of Forestry shall monitor and pathogens and pests. evaluate the ongoing restoration work.Restoration work that SECTION 3.SELECTION AND DUTIES OF THE conflicts with the standards for the selection of areas to be restored must be modified or improved to reduce or eliminate INDEPENDENT SCIENCE TEAM conflicts between the standards. An Independent Restoration Science Team shall make management recommendations to the Oregon Board of Forestry, (h)Members of the Independent Restoration Science Team the Oregon Department of Forestry and the State Forester. shall be compensated for their services and are eligible for reimbursement of travel and other reasonable expenses related (a)The Selection Committee for the Independent Restoration to their duties under this Act. Science Team shall be solely composed of the Biology Depart- ment Chairperson from Portland State University,Oregon State (i)The Oregon Department of Forestry,the Oregon Board of Forestry and the State Forester shall provide administrative University and the University of Oregon.If the Departmental Chair is unavailable he or she may designate a substitute profes- support and services to assist the Independent Restoration sor from their respective department to serve on the Selection Science Team. Committee.The Selection Committee will choose members of The Independent Restoration Science Team's service shall the Independent Restoration Science Team based on the individ- ual's expertise in the scientific fields necessary to achieve the SECTION 4.FUNDING FOR SCHOOLS,RESTORATION AND goal of this Act.Members will be selected through a majority RELATED PROGRAMS. vote of the Selection Committee.The Independent Restoration (a)The initial management of the restoration area and the Science Team shall have at least 9 and no more than 13 mem- modification of the current management plan for the Tillamook bers.The team shall have expertise in at least 9 of the following; and Clatsop State Forests will be funded with 10%of the timber restorative forestry,wildlife biology,silvicultural science,soil revenues over 10 years from the Board of Forestry Lands in the science,geology,limnology,hydrology,ecological restoration, Tillamook and Clatsop State Forests.An equivalent amount of forest ecology,salmon biology,forest planning,environmental revenue will be provided from timber revenue collected by the management,geographic information systems and any other State Department of Forestry if the affected counties do not appropriate scientific field. agree to the change in revenue distribution.This dedicated (b)The Selection Committee shall be reimbursed for reason- initial funding will pay for the development of an apprenticeship able expenses related to the duties specified by this Act. program for restorative forestry,road decommissioning,tree (c)The Selection Committee shall select the Independent thinning,underbrush clearing,the storm-proofing of existing Restoration Science Team within six months after the passage of roads and railroad grades,the execution and monitoring of the this Act. restoration and any other work that is required to meet the goal (d)The Independent Restoration Science Team's goal shall be of this Act.The Oregon Board of Forestry shall provide to guide the permanent restoration of a native old growth forest additional and continuing funding as needed to accomplish the on 50%of the Board of Forestry Lands in the Tillamook and goal of this Act in a timely manner. Clatsop State Forests over time,using the best available science. (b)The Oregon Common School Fund shall receive 5%of all The Independent Restorative Science Team will review and timber receipts from the Board of Forestry Lands in the recommend changes to the current management plan to meet Tillamook and Clatsop State Forests.The local public school the 50%restoration goal.The Independent Restorative Science districts shall not receive less funding than the revenue Team shall determine those areas best suited for the permanent represented in their 2002/03-budget period from timber harvests restoration of a native old growth forest based on the following in the Tillamook and Clatsop State Forests. standards,protection of areas that contain current or potential SECTION 5.QUALITY JOBS,LIVING WAGES AND SKILLED drinking water sources,protection of critical fish and wildlife LABOR habitat,protection of areas of important native biodiversity, protection of current or potential forest recreational opportunities (a)After the adoption of the new state forests management that are consistent with restoring or protecting Oregon forest plan for the Board of Forestry Lands in the Tillamook and structure,protection or creation of corridors for wildlife Clatsop State Forests,prospective bidders for restoration movement,protection of groups of trees 70 years and older, forestry work must document that they are an active participant protection of current and future hunting and fishing opportuni- in a registered apprenticeship program in restorative forestry to ties,protection of threatened and endangered species habitat, be considered a responsive bidder. Budgets for work in the protection of cultural heritage,protection of natural wetlands, Tillamook and Clatsop State Forests shall include protection for areas with high landslide risks,especially where apprenticeship-training set-asides. they occur upstream of productive spawning and rearing habitat (b)After the adoption of the new state forests management for anadromous fish,protection of riparian corridors to return plan,any restoration work or timber harvests on the Board of this habitat to a viable functioning ecosystem,protection of Forestry Lands in the Tillamook and Clatsop State Forests shall areas with the lowest existing and abandoned road densities, be considered a public work.All timber sales and restoration and any other criteria that does not directly conflict with these forestry work in the Tillamook and Clatsop State Forests shall listed standards or with the goal of this Act. pay a prevailing rate of wage.If the current occupations, (e)The Independent Restoration Science Team will submit descriptions of scope of work,or trade classifications are their recommendations for changes to the current management inadequate the Oregon Bureau of Labor and Industries plan for the Tillamook and Clatsop State Forests to the Oregon Commissioner shall make the appropriate changes or additions Board of Forestry within two years after the passage of this Act. and determine the appropriate prevailing rate of wage. Official 2004 General Election Voters'Pamphlet continued 4. 271 Statewide Measures Measure 34 (c)The State Forester,Oregon Board of Forestry and the Explanatory Statement Oregon Department of Forestry shall develop and implement programs to encourage bidding by and the awarding of Current law directs the State Board of Forestry to manage contracts to local contractors for restoration projects on the state forestlands to secure the"greatest permanent value" Board of Forestry Lands in the Tillamook and Clatsop State (defined by the board)of the lands to the state.The board is Forests.Cost effective approaches including,but not limited to given authority to protect,manage,utilize and conserve forest- best value contracts with preference for local hiring and lands.The board may sell forest products from the lands as well employer participation in a state approved apprenticeship as seek the protection of fish and wildlife,recreation and water training program,and the bundling of multiple restoration supply.The statutes provide no ranking or preference for one projects over longer periods of time with a preference for highly use over another. skilled labor shall be developed and implemented. The measure requires management of state forests by SECTION 6.FULL IMPLEMENTATION OF THE ACT defining"permanent value"as a balance between sustainable (a)This Act supercedes any existing law that may be timber production and water,wildlife,watershed protection, construed to reduce or restrict the full implementation of this recreation,and forest restoration to provide the greatest Act,and this Act shall be construed so as to best implement the economic,social,environmental and health benefits to the intent of this Act. people of this state. SECTION 7.RETENTION IF ANY PORTION VOIDED Measure 34 requires the Board to manage the Tillamook and (a)If any portion of this Act is invalidated for any reason,all Clatsop State Forests specifically for the purpose of restoring remaining portions of this Act shall remain in place and shall be native old growth forests in half of those two forests.The other given full force and effect. half would be managed for sustainable timber and revenue production in a way that is at least as protective as what is SECTION 8.SUPREMECY OF THIS ACT required under the current State Forest Management Plan. (a)The management plan created by this Act for the Tillamook An Independent Restoration Science Team is created to and Clatsop State Forests shall replace any other Act creating a review and recommend necessary changes to the current forest management plan for the Tillamook and Clatsop State Forests plan to comply with the standards in the measure.Team mem- passed by voters in the 2004 General Election. bers will be selected by the chairs of the biology departments at SECTION 9.COURT REVIEW SHALL BE EXPEDITED Oregon's three largest universities.The team must determine the (a)If any person brings a state court challenge to any portion areas best suited for permanent restoration of native old growth of this Act,or challenges passage of this Act,asserting that the forest.The team shall submit its recommendations to the board, Act or any portion of the Act violates the Oregon Constitution or which may reject them after a public hearing.The measure the United States Constitution,or asserting any other legal requires the board to adopt a new forest plan for the Tillamook challenge to passage or implementation or this Act,that action and Clatsop State Forests,with a periodic review to ensure that shall be filed in Marion County Circuit Court and shall be given restoration standards are being met. expedited attention by the Court;the decision of the Circuit Current law distributes revenues derived from the timber Court shall be subject to direct review by the Oregon Supreme harvest in the Tillamook and Clatsop State Forests under a Court,which shall give expedited attention to such appeal. formula.If the counties agree to modification of the formula, SECTION 10.CAPTIONS 10 percent of the revenue over 10 years will be used to pay for (a)The section captions used in this Act do not become part forest management of the restoration area and for amendment of the statutory law of this state. of the forest plan.If the counties do not agree,the State Forestry Department will provide management funds from other SECTION 11.ACT TAKES EFFECT ON PASSAGE. state timber revenue. (a)This Act takes effect on its passage. Public schools in the affected counties shall not receive less revenue than received in 2002-2003 because of any formula modification.The measure directs an additional five percent of the timber harvest revenue from the Tillamook and Clatsop State Forests to the Common School Fund. The measure requires an apprenticeship program in restorative forestry,and requires bidders for restoration forestry work to participate in such apprenticeship programs.The measure encourages the Department of Forestry to support bidding by and contracts awarded to local contractors. Restoration work and timber harvesting on the Tillamook and Clatsop State Forests will be considered a public work requiring payment of prevailing wages. Any challenge to passage or implementation of the measure shall be given expedited attention by the courts with appeal directly to the Supreme Court. Committee Members: Appointed by: Mari Anne Gest Chief Petitioners Lyndon Ruhnke Chief Petitioners Commissioner Tim Josi• Secretary of State Ray Wilkeson' Secretary of State Kathleen Beaufait Members of the Committee 'Member dissents(does not concur with explanatory statement) (This committee was appointed to provide an impartial explanation of the ballot measure pursuant to ORS 251.215.) Official 2004 General Election Voters'Pamphlet continued 4 281 Statewide Measures Measure 34 Arguments Argument In F"pr who help drive our economy. • Oregon schools receive 70%of their funds from State A Legacy for Our Children Income tax dollars.Measure 34 recognizes that"livability and quality of life"are key components of Oregon's future Tillamook;A special place economic growth.Recreation and tourism are one of the The Tillamook holds a special place in our hearts.It belongs to fastest growing sectors of the Oregon economy bringing in all Oregonians.After a series of logging caused fires in the millions for Oregon's schools. 1930's,Oregonians voted in a statewide election,to replant the It's time to make our State Forests work for usl Tillamook with tax dollars.40 plus years ago,thousands of Oregonians and school children planted 72 million trees in the We have reviewed the ballot measure and have determined that Tillamook.Governor Tom McCall dedicated the Tillamook as a the Tillamook measure which requires"balance"between timber "state forest"in 1973.Now that the forests have grown up, production and protection of water,fish and wildlife habitat and there is a debate about whether this land should be logged or recreation in the Tillamook and Clatsop State forests is in the preserved. long-term benefit of Oregon Schools. Require Balance Vote Yes on 34-Good for Schools As a mother,a grandmother and former Governor of Oregon I hope that Oregonians will choose a balanced approach oach to Submitted by Oregon School Employees Association which management of our state forests.We can protect our natural represents thousands of education workers across the state. resources for generations to come while also providing jobs and dollars for local economies through timber production. (This information fumished by Ed Edwards,Oregon School Employees Association.) Greatest Permanent Value This space purchased for$500 in accordance with ORS 251.255. Current law requires the Tillamook and Clatsop State forests The printing of this argument does not constitute an endorsement by to be managed for the Greatest Permanent Value of the citizens the State of Oregon,nor does the state warrant the accuracy or truth of this state.That means for you._rn our children.and thei t of any statement made in the argument. children.Decisions concerning the Tillamook need to be made with both economic and environmental concerns in mind. That is why I am supporting Measure 34. Arguiment 111'FaYOr Will the forests be"locked up"?No,measure 34 keeps the Washington County benefits from our quality of life forests open for the benefit of all Oregonians. By Dick Schouten What about forest fires?Measure 34 manages the forests to Washington County Commissioner protect against wildfires across the entire forestland.We Vote Yes on 34,Protecting Oregon's livability means protect- already know that old growth forests used for recreational pur- ing our economic health. poses provide the lowest fire threat level compared to actively Washington County's economy depends on our quality of life harvested forestland. to attract and retain businesses and households to our Measure 34 is a balanced plan-that puts logging on an equal region.The Tillamook and Clatsop State Forests are critically footing with clean water and protecting our fish and wildlife,for important to residents in Northwest Oregon for drinking water, today and tomorrow. outdoor recreation and fish and wildlife habitat.Many of our cur- Protect our jobs today and into the future while leaving our rent residents were drawn here because of the abundance of children a legacy can d proud of. natural amenities in Northwest Oregon.Balancing protection of these amenities with timber harvest on OUR state forests Vote Yes on 341 not only makes good sense,but also makes long term eco- Governor Barbara Roberts nomic sense. Vote Yes on 34,Protecting our water source means protect- (This information furnished by Governor Barbara Roberts.) ing our economy. This space purchased for$500 in accordance with ORS 251.255. Over time.the most important product produced in the The printing of this argument does not constitute an endorsement by Tillamook and Clatsop forests will not be timber--it will be the State of Oregon,nor does the state warrant the accuracy or truth clean drinking water.Oregon's high-tech industry, located not of any statement made in the argument. far from these forests is a major consumer of water and will be a key sector of the Oregon economy far into the future.Over Argument in Favor' 250,000 residents of Washington County get their drinking water from watersheds in the Tillamook and Clatsop State Yes on 34-Good for Schools Forests and that number is expected to double in less than 50 years.Balancing watershed protection with timber harvests • Measure 34 provides$6.5 million mare for local schools in in OUR state forests makes economic sense. the 4 affected counties of the Tillamook and Clatsop State Vote Yes on 34,Balancing conservation and timber produc- Forests than they received last year. tion protects our economy. • Measure 34 requires additional revenue for all public Tourism and recreation are the fastest growing economic schools.Requires annual deposits of timber revenue from sectors in Oregon.While logging remains an important part of OUR State Forests to the Common School Fund. our economy,employment in that sector continues to decline • Measure 34 makes Oregon Forests work for YOU...rather while wages and employment in the recreation and tourism than just benefiting special interest groups such as a few industries continue to increase.Protecting the growth areas of timber corporations. our economy and creating new family wage jobs in the wood products• Measure 34 requires managing our forests equally between Oreonians can su timber production and conservation-50-50.Do the math- g pp ort. restoration forestry is an approach all It is balanced!This will bring in a sustainable amount of Please join me in voting YES on Measure 34 revenue from timber for the schools and assure that Oregon Measure 34 is good for the environment,good for the remains attractive as a state to new business and workers economy and good for schoolsl Official 2004 General Election Voters'Pamphlet continued 4' 291 Statewide Measures Measure 34 Arguments (This information furnished by Dick Schouten,Washington County Board and retain these entrepreneurs,businesses,and employees of Commissioner,District 1) because Oregon balances the needs of its historical economy This space purchased for$500 in accordance with ORS 251.255. with those of new industries. The printing of this argument does not constitute an endorsement by The Tillamook Forest is the source of the the State of Oregon,nor does the state warrant the accuracy or truth Silicon Forest's Clean Water of any statement made in the argument. While Portland gets its drinking water from Bull Run, Argument in Favor' Washington,Tillamook,and Clatsop Counties get theirs from the g Tillamook forest.Nothing is more important to the business climate than clean,plentiful water,but the current plan to State forests should not be managed in back rooms behind log 85%of the Tillamook puts that water at risk.High-tech closed doors by special interests. manufacturing depends on water as much as on science.The Vote Yes on 34 current plan for clear-cutting the Tillamook delivers nothing to Oregon's technology businesses,and a landscape of After years of public testimony-and even a vote that failed stumps and slash encourages current and potential employ- in the Oregon Legislature to increase timber harvesting in ees to look elsewhere. our State Forests,State Forester Marvin Brown made a deci- sion to increase clear-cutting by over 50%in the Tillamook The Tillamook Belongs to ALL Oregonians- and Clatsop State Forests. Now and For the Future When asked on April 8,2004 by a sub-committee of the After the Tillamook Burn and the subsequent salvage logging, Emergency Board of the Legislature why the Oregon Department Oregonians came together to restore the devastated landscape. of Forestry(ODF)was increasing clear-cuts after an agreement Hundreds of schoolchildren planted trees in the bare hills,and had been reached on timber harvests levels,Brown said today that forest supports millions of dollars in family-wage jobs (according to The Oregonian on April 10,2004)that he was try- in recreation and tourism as well as forestry.Measure 34 sends ing only to satisfy the Legislature's demand for more state the message that we value both jobs and the natural beauty logging revenue-clearly a false statement. found in our backyard,we want to Balance timber needs with all others.A balanced approach that harvests what we According to The Oregonian article,the State Forester met with need today while preserving our future is the only plan that will former Rep.Lane Shetterly,a Republican from Dallas and ensure that there are trees and streams and wildlife and water sponsor of the unsuccessful bill to boost state forest logging for our children and grandchildren to use. and Ray Wilkeson a lobbyist for the timber industry to discuss For Business and for our Children increasing the cut in the Tillamook. Senator Joan Dukes,from Astoria,said that Brown had not Vote Yes on Measure 34 discussed the added logging with all sides.Dukes:"I don't Sincerely, know at this point who you are going to cut the next side deal with,and that scares me."(April 8th Legislative hearing Steven McGeady tapes of General Government subcommittee) (This information furnished by Steven McGeady.) Dukes continued according to The Oregonian article;"I don't This space purchased for$500 in accordance with ORS 251.255. know how you(ODF)manage land that a lot of people have an The printing of this argument does not constitute an endorsement by interest in without having everybody involved in the discussion. the State of Oregon,nor does the state warrant the accuracy or truth A lot of people were left in the dark." of any statement made in the argument. Measure 34 is a balanced and scientifically supported approach to managing OUR State Forests.The law states that State Argument Ih Favor are to be managed for the"Greatest Permanent Value" of the State of Oregon,not by 3 people in a back room who make money off the forests. Dear Oregon Voters: Support the Public Debate I am writing to let you know about the benefits of Ballot Measure 34-the Tillamook 50/50 initiative.The initiative language is Say No to Back Room Deals limited to state-owned forest lands totaling less than 3%of the Yes on 34 forest land in Oregon. As a former gubernatorial advisor on workforce issues,the (This information furnished by Mari Anne Gast Oregonians fora Balanced Tillamook 50/50 initiative requires new apprenticeship training Tillamook.) programs in restoration forestry for the Tillamook and Clatsop This space purchased for$500 in accordance with ORS 251.255. State Forests.For every$1 invested per year in apprenticeship The printing of this argument does not constitute an endorsement by by government,a study shows that apprentices pay back an the State of Oregon,nor does the state warrant the accuracy or truth average of$20.60 in State and Federal income taxes. It is my of any statement made in the argument belief that the Tillamook 50/50 plan is good for Oregon's economy.By investing in our workforce,the return on the Ar ument 1n Favor' dollar is significant for our schools,government programs g and our state's economy. Oregon Business Needs Measure 34 Measure 34 also requires any restoration work or timber harvests By Steven McGeady on the Board of Forestry Lands in the Tillamook and Clatsop State Forests to pay a prevailing wage rate.The Bureau of Labor Today's Oregon economy depends as much on high-tech and Industries would determine the appropriate prevailing wage jobs as it does on forestry jobs.Clean water,forests,and rate.In addition,Measure 34 directs the Oregon Department of recreational opportunities create economic opportunity in Forestry to encourage bidding by and the awarding of contracts Oregon.As an executive at Intel,Tektronix,and other high-tech to local contractors for forest restoration programs.For rural companies for more than 20 years, I have recruited over 500 Northwest Oregonians this is an extremely important building engineers,scientists,and businesspeople to Oregon.Our block to create stable family-wage jobs. biggest selling point is livability and quality of life.We attract After studying Measure 34,I am confident it will help retain Official 2004 General Election Voters'Pamphlet continued-a 301 Statewide Measures Measure 34 Arguments and create long-term jobs in the wood products industry and Argument Ih Favor spur economic growth in Oregon.The Tillamook 50/50 plan provides the proper balance between protection of water quality,fish and wildlife habitat and recreation values while Local Businesses Urge a Yes Vote on Measure 34 ensuring that timber production will continue to supply a reliable Recreation and Tourism bring as much as$877 million revenue stream to the counties and school districts of Northwest annually to the North Coast economy,including over 15,000 Oregon jobs.This is the fastest growing industry in Oregon. I strongly support Measure 34. We need a forest plan that encourages economic growth in our communitiesl It is good for Oregon's forests. As local business owners in Tillamook and Clatsop County, It is good for Oregon's economy. we know better than anyone how important our forests are for And,most importantly,it is good for Oregon's working the local economy.It's time that we adopted a balanced families. management plan that looks out for small business as well as logging. Annette Talbott The coastal economy is growing largely because of an influx of (This information furnished by Annette Talbott.) retirees and second home owners.These people move here This space purchased for$500 in accordance with ORS 251.255. because of the area's natural beauty and quality of life,and they always visit before they move. The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth attract home buyers to our areaa,,rather than turn them away. need to adopt policies that of any statement made in the argument. Logging 85%of the State Forests is too extreme! Everyone has seen the nasty clear-cuts on the way to the Argument In Favor coast.Now,the government wants to log 85%of our State Forests over the next 25 years.It's too extreme!We need Dear Oregon Voters, a plan that keeps the Oregon Coast a beautiful place My name is Pete Sorenson,an elected Lane County to visit,live,work,and play! Commissioner.I grew up in Coos County,graduated from the Standing Forests help control flooding,which costs local University of Oregon,ran a private law firm,and served as an businesses thousands of dollars each year. elected Oregon State Senator. I've been a licensed Oregon Every year,Tillamook County businesses lose thousands of attorney for 22 years.As a County Commissioner,I am commit- dollars because of flooding.Now,over two years time, ted to protecting our state forestlands.All Oregonians should clear-cutting in the Tillamook and Clatsop State Forests will rise have a role in the administration of our state forests. by over 50%,drastically increasing run-off.Who is going to help I'm writing to urge you to vote YES on the Tillamook 50/50 pay to repair the increased flood damage? measure.This measure is fair and balanced measure that Frankly we are sick and tired of paying for the costs of poor will protect the Tillamook State Forest while providing qual- decisions made by short-sighted politicians and bureau- ity family wage jobs. crats.These forests are supposed to benefit all Oregonians, This ballot measure represents a fair balance between forest including small coastal businesses. uses.Under the measure,50%of the Tillamook and Clatsop Measure 34 continues to supply timber to our local economy State Forest will be devoted to protecting drinking water,fish while helping local businesses through increased recreation and wildlife habitat and recreation while the other 50%will be and tourism and reduced flooding. used for sustainable timber supplies. Support Local Businesses.Vote YES on Measure 34 This ballot measure will improve the economic viability of the Tillamook State Forest.Through preservation and management, (This information fumished by Peter and Janet Weidman,Astoria Real this measure will create jobs in Sustainable logging,restoration Estate;Susan Tone,Realtor,Manzanita;Pam Selway Birmingham,realtor, forestry,and increase tourism and recreational uses of the forest. Seaside;Cliff and Judith Taylor,Clementines Bed&Breakfast;Daryl Hank Johnson,Wave Crest Inn;Wayne Curtis,Wayne Curtis Construction;Peter This measure will help Oregon Schools.Under this measure, C.Sroufe,PeterSroufe Hauling;James M.Kingwell,Icefire Glassworks; schools in the Clatsop and Tillamook areas will receive guaran- Watt Childress,Jupiter's Rare&Used Books.) teed stable funding.In addition to this funding,a portion of the This space purchased for$500 in accordance with ORS 251.255. revenues collected from timber sales will be dedicated to the The printing of this argument does not constitute an endorsement by Common School Fund. the State of Oregon,nor does the state warrant the accuracy or truth This measure is fair and balanced approach to managing and ofany statement made in the argument. protecting the Tillamook State Forest.Please join me in voting YES on Ballot Measure 34,the Tillamook 50/50 measure. ,Argument in Favor Thank you, Pete Sorenson Oregon's Sport and Commercial Fishermen Strongly Urge You to Vote Yes on Measure 34. PS-If you have any questions about the seriousness of this Ballot Measure 34 is critical for the survival of the measure and why I favor it,please contact me Pete Sorenson coastal fishing industry. PO Box 10836, Eugene,Oregon 97440 or by calling me at (541)485-6726 or by sending me an email at Many Oregon residents don't realize how much our wild salmon sorenson2004 @juno.com populations have declined over the last few decades.Sport and commercial fisheries for 5 of our 6 wild salmon species have (This information furnished by Peter Sorenson.) been closed on the Northern Oregon Coast due to population This space purchased for$500 in accordance with ORS 251.255. declines.These reductions have meant a big loss in jobs and The printing of this argument does not constitute an endorsement by revenue to the state and local counties.The only way to restore the State of Oregon,nor does the state warrant the accuracy or truth our wild salmon runs and strengthen the fishing economy is of any statement made in the argument. through balancing timber harvest with watershed health when managing our forests. Official 2004 General Election Voters'Pamphlet continued-I, 31 1 Statewide Measures Measure 34 Arguments Restoring fisheries means restoring jobs.In 2001, Support Balanced Forest Management sport-fishing contributed more than$1 billion to Oregon's Vote Yes on 34 economy,including$733 million in retail sales,$300 million in wages and salaries,and nearly 13,000 jobs. (This information fumished by Jay Ward,Oregon Natural Resources As recently as 1988,commercial salmon fishing contributed Council Action;Meryl Redisch,Audubon Society of Portland;Paula Del more than$89 million to the Oregon economy,and Giudice,National Wildlife Federation;Guido Rahr,Wild Salmon Center; supported 4,450 family wage jobs.Though many jobs have Carol Porto,Sierra Club;Tom Wolf,Oregon Council Trout Unlimited; since been lost,protecting the last,best salmon habitat Xander Patterson,Oregon Physicians for Social Responsibility;Kalil J.Van Norman,President,Native Plant Society of Oregon,Chuck Willer,Coast in the Tillamook and Clatsop State Forests is a key to Range Association;Doug Terra,President,Oregon Shores Conservation restoring these jobs. Coalition.) Ballot Measure 34 is will strengthen our local economy. This space purchased for$500 in accordance with ORS 251.255. These forests are home to the few remaining runs of wild salmon The printing of this argument does not constitute an endorsement by in Oregon,and they are also a great place to harvest timber. the State of Oregon,nor does the state warrant the accuracy or truth The best part is that they are on public lands! of any statement made in the argument. Measure 34 dedicates 50%of the two State Forests for watershed protection and healthy fish and wildlife,and 50% Argument in Favor for logging.This is just the balance that Oregon's economy needs. Fact:Increased clear-cut logging does not create new jobs. We don't have to choose between fishing and timber. Timber giants and bureaucrats who profit from logging the Support Oregon's Fishing Industry with a Balanced Forest Tillamook will say it's about jobs,but really it's about corpo- Management Plan.Vote Yes on Measure 34 rate profits. • When harvest levels on the Tillamook State Forest nearly (Phis information furnished by Glen H.Spain,Northwest Regional Director, doubled during the late nineties,Tillamook County reported Institute for Fisheries Resources,Pacific Coast Federation of Fishermen's an increase of only 8 jobs in the number of forestry and Associations;Robert Rees,Bob Rees'Fishing Guide Service, lumber jobs created from 1995 to 2000.Economic Realities www.NorthwestGuides.com;Nancy Paysinger,Fishing Guides Northwest, in the Tillamook and from 1 State Forests o omit 2003 Trevor Storlie,Red's Guide Service of Oregon;Rob Russell,Firstwater P January Outfitters;Dan Christopher,Quality Fishing Adventures.) • In the meantime,profits skyrocketed for a few special This space purchased for$500 in accordance with ORS 251.255. interests. The printing of this argument does not constitute an endorsement by Technology,the State of Oregon,nor does the state warrant the accuracy or truth Tec gy.not ecology,results in job loss. of any statement made in the argument. Howard Sohn.former Chair of the Orecion Board of Forestry and owner of Lone Rock Timber explained this situation in Argument in Favor written testimony before the Legislature on 7-1-03.In the con- text of discussing House Bill 3632-A,a bill that would increase Conservation Groups Su timber harvesting in the Tillamook and Clatsop State Forests,he p Support Measure 34 said: The Tillamook and Clatsop are OUR State Forests. "Conditions in the economy and the industry are very differ- Oregonians from across the state came together to replant these ent than when the multipliers(additional jobs per million forests after the Great Tillamook Burn.These forests should be board feet)were developed in the 1990's.""In the context managed to benefit ALL Oregonians,not just a few special of overall harvest in Oregon,the increase envisioned is interest groups. small and will be absorbed by slack in the existing produc- 85%of the Tillamook and Clatsop State forests will be tion infrastructure.""Efficiencies and excess capacity will logged within 25 years unless we pass Measure 34.The absorb most of the increase volume,without substantial Government's plan is too extremel additional employment." Over 350,000 Oregonians get their drinking water from the "While higher state land harvests may yield some benefit to Tillamook and Clatsop State Forests,including almost the entire manufacturer and employment in the short run,the effect city of Hillsboro and parts of Beaverton.Measure 34 will pro- will not be large. In addition.too aggressive a harvest level tect drinking water, will merely steal from the future." The Tillamook is the largest contiguous expanse of unprotected In other words,mechanization in timber production has coastal temperate rainforest in the lower 48 states.We don't eliminated thousands of timber related jobs. have to go to South America to find rainforests,they are right And just as important,logging 85%of our forests will result here,in our backyard. in a loss of long term jobs—not only in forestry but also The current government plan rejected the advice of two sci- fishing,tourism,and recreation. entific panels.There are no permanent reserve areas for fish Measure 34 assures continued jobs in logging and forestry and and wildlife in the Tillamook and Clatsop State forests. creates new sustainable family wage jobs in restoration forestry. No watersheds are permanently protected to save our wild Support Jobs today and for tomorrow salmon populations.The only protections provided are 25-ft no-cut buffers on some streams.The Tillamook and Clatsop Vote Yes on 34 nurture some of last healthy runs of Wild Salmon in Oregon (This information fumished by Mari Anne Gast,Chief Petitioner, Measure 34 offers a balanced approach that will protect Oregonians fora Balanced Tillamook.) and restore watersheds,wild salmon,wildlife habitat This space purchased for$500 in accordance with ORS 251.255. and recreational opportunities while allowing for The printing of this argument does not constitute an endorsement by sustainable logging. the State of Oregon,nor does the state warrant the accuracy or truth Join the thousands of concerned Oregonians across the of any statement made in the argument state who know that we can do better for OUR State Forests Official 2004 General Election Voters'Pamphlet continued 4 321 Statewide Measures Measure 34 Arguments Argument in Favor this special place using a common sense approach.Measure 34 preserves our outdoor way of life and leaves our timber economy intact. Tree Planters Support Measure 34 Stewardship is Central The Tillamook has a special place in the history of Oregon and the hearts of many Oregonians.Beginning in 1933,a As Jewish and Christian religious leaders,we share the series of fires now known as the Tillamook Burn,destroyed understanding That humankind is to`till and to tend"cre- much of what is today,the Tillamook and Clatsop State Forests. ation,both using it and caring for it in a way that ensures its These fires created a huge plume of smoke that could be seen continued fruitfulness from generation to generation. from the middle of the Pacific Ocean and left a desolate moon- Stewardship is central to responsible use and care of our scape in their wake. forests. Oregonians Pull Together To Rebuild a Forest Psalm 24:1 The earth is the Lord's and the fullness thereof,the world and those who dwell therein. In response to this devastation,Oregon voters came together by passing a state bond measure that funded the replanting of Ecumenical Ministries of Oregon these forests.Replanting the Tillamook Burn depended on the Restoring Eden/Christians for Environmental Stewardship volunteer work of thousands of Oregon students,Boy and Girl Scout troops,and church and community groups.When all was Rabbi Joseph Wolf said and done,Oregon volunteers came together to plant over 72 million trees. (This information furnished by Jenny Holmes,Ecumenical Ministries of Oregon;Rabbi Joseph Wolf,Peter lllyn,Restoring EdenlChristians for Oregonians helped protect our quality of life Environmental Stewardship.) As Oregonians who replanted these forests,we were told that This space purchased for$500 in accordance with ORS 251.255. we were restoring the Tillamook Burn,and helping to make the The printing of this argument does not constitute an endorsement by state a better and more beautiful place.We proudly recognize the State of Oregon,nor does the state warrant the accuracy or truth that these forests now contain some of the last healthy runs of ofany statement made in the argument. salmon and steelhead;provide habitat for bear,elk and bald eagles;bring hundreds of millions of dollars into northwestern Argument in Favor Oregon;and provide drinking water to over 300,000 Oregonians statewide.The Tillamook and Clatsop forests are now one of the Protect our Drinking Water-Vote Yes on Measure 34 largest rainforests in the lower 48 states.The current plan to open 85%of the forest to commercial logging would undo much Clean and plentiful water is a vital resource in Northwest of what has been accomplished by Oregon voters and volun- Oregon.Residential,industrial,and agricultural users all depend teers.With this huge investment of money and time,we believe on clean water for their families,to supply their businesses,and the people of Oregon should have a say how the Tillamook and grow their crops.Much of the water for Northwest Oregon's resi- Clatsop Forests are managed.Join us. dents originates in the Tillamook Rainforest.These public lands Require Balance&Vote Yes on Ballot Measure 34 are owned by all Oregonians and are currently threatened by an aggressive logging plan that does not protect water quality.The (This information fumished by Robert Sims,Michael Munk,John Bates, Oregon Department of Forestry is already clear cutting thou- Louis Jaffe,Doug Myers.) sands of acres a year in and around watersheds,and plans to This space purchased for$500 in accordance with ORS 251.255. drastically increase the cutting in the next few years. The printing of this argument does not constitute an endorsement by Over 350,000 Oregonians get drinking water from the the State of Oregon,nor does the state warrant the accuracy or truth Tillamook and Clatsop State Forests,including much of of any statement made in the argument. Washington,Tillamook,Clatsop and Columbia County.In the next 50 years,the demand for clean drinking water in these Argument 111 Favor areas will double. We can do better-Vote Yes on Measure 34-Require Balance Vote Yes on Measure 34 to Keep Oregon's Way of Life Measure 34 will balance sustainable timber harvests with protec- Abundant close to home opportunities to fish,hunt,boat,hike tion for our drinking water,recreational opportunities and fish and camp with our families and friends are part of what defines and wildlife habitat.The current government plan will cut over Oregon's way of life.As people of faith,we value this 85%of OUR State Forests in just 25 years. Northwest corner of creation for both its economic benefits An award winning plan for Forest Grove's watershed provides and outstanding recreational opportunities that build strong 200 foot buffers on streams and prohibits clear cutting while families and inspire our souls.The Tillamook and Clatsop providing for sustainable timber harvests. In contrast,the State's State Forests are Oregon treasures that contribute to our way of plan provides only 25 foot"no cut"buffers and aggressively life.Measure 34 will ensure that close-to-home recreation is not uses clear cutting,even on steep slopes in our watersheds. jeopardized while allowing a reasonable level of timber harvest. Clean water is a precious resource,we must do better. Vote Yes on Measure 34 for Safe Drinking Water Our Quality of Life is Threatened-Vote Yes on Measure 34 We are blessed in Oregon by clean,safe drinking water from The state's aggressive logging plan threatens drinking water forest watersheds for our towns and cities.Faithful and wise quality,recreational opportunities and wild salmon popula- stewardship of this gift now will protect it for our children. tions in OUR State Forests.Measure 34 will balance timber Measure 34 ensures the entire forest will be managed to production with conservation,protecting OUR drinking water, protect against fires,floods,forest diseases and pests while recreational opportunities,and fish and wildlife habitat while pro- ensuring that drinking water is kept safe and clean. viding healthy revenue streams to local counties and schools. Vote Yes on 34 for Jobs and Conservation Join Us,Vote Yes on Measure 34 Measure 34 proposes a reasonable level of timber production to Tualatin Riverkeepers maintain jobs and local economies around the Tillamook and Clatsop State Forests.It will also conserve and restore some of Columbia Riverkeeper Official 2004General Election Voters'Pamphlet continued 4 331 Statewide Measures Measure 34 Arguments Oregon Citizens for Safe Drinking Water Argument in Favor (this information furnished by Lynne Campbell,Oregon Citizens for Safe Drinking Water,Sue Marshall,Executive Director,Tualatin Riverkeepers; Help Strengthen Our Economy.Vote Yes on Measure 341 Cindy deBruler,Columbia Riverkeeper.) Recreation and tourism is the fastest growing sector of This space purchased for$50D in accordance with ORS 251.255. Oregon's economy. The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth In 2001 the sport-fishing Industry generated over$733 million in of any statement made in the argument. retail sales and provided nearly 13,000 jobs. Wildlife viewing is the number one activity in the Tillamook and Argument in Favor Clatsop State Forests.Wildlife viewing,which includes bird watching and outdoor photography,generated$770 million in A message from anglers to Oregonians who love healthy sales and over 21,500 jobs in Oregon in 2001 rivers and wild fish-Vote yes on Measure 34 Camping,hiking,and biking are the three most popular outdoor Oregon's North Coast mountains birth the headwaters of some activities in the United States,and kayaking is the fastest grow- of Oregon's healthiest rivers.We love these places. ing sport in America.Outdoor recreation brings as much as $877 million to the North Coast economy annually. Wilson. Trask. Over half of the healthy runs of wild salmon in Oregon are Little North Fork of the Wilson. located the Tillamook and Clatsop State Forests.The forests are Kilchis. some of the best places to fish for wild salmon in the world. Miami. Other than meager 25-ft.no cut buffers on some streams, Nehalem. there are no permanent protections for fish or our water- North Fork Nehalem. ways under the current state plan. Salmonberry. Over 85%of OUR state forests will be logged in the next 25 North Fork Trask. years.It's too extreme. These rivers run through public lands we call the Tillamook and Regardless of what some land managers might tell you,people Clatsop State Forests.These rivers are home to important runs don't hike or bike through clear-cuts,and they don't kayak or of wild fish including spring,summer,fall and winter chinook cast in muddy water.The truth is that people don't buy boats, salmon,coho and chum salmon,as well as winter steelhead and tackle,rods,and bait if they don't have places to fish and float. cutthroat trout. There are huge economic benefits to protecting our natural Wild fish and healthy rivers are the products of a healthy amenities,and with people taking more frequent trips closer to forest.They come from special places in these state forests. home,we need great places to enjoy right in OUR backyard! Its time to adopt a forest plan that reflects Oregon's changing Not every acre of these forests is created equal.Not every economy. acre should be harvested.Coastal rainforests need to grow big trees that make a difference when they fall in the rivers.Big trees Some bureaucrats might not know much about the value of create big fish which create big dollars for the local and regional a standing forest,but we sure do. economy. Oregon Businesses Rely on Recreation and Tourism The Tillamook produces many sustainable resources includ- Support Oregon's Economic Future.Vote Yes on Measure 341 ing wild fish,wood products,recreation and clean water. Oregon Department of Forestry's current plan will conduct (This information furnished by Marty Sherman,ClackaCraR Drift Boats; timber harvests across 85 percent of the landscape over the Frank W.Amato;Andy Hardwick,Outdoor Supply Company,Tut-Cat next 25 years.This means increased roads and increased clear Pontoon Boats,Christopher Conaty,Idylwilde Flies,Vicki Grayland, cuts.Measure 34 has a different vision of the future. Photographer;Sam Drevo&Kristin Dahl,eNRGKayaking.com.) Measure 34 will bring balance to the management of these This space purchased for$500 in accordance with ORS 251.255. public lands,instill credible science into the process,protect The printing of this argument does not constitute an endorsement by important non-timber products like wild salmon and clean the State of Oregon,nor does the state warrant the accuracy or truth water,and still allow plenty of timber harvests. of any statement made in the argument. Measure 34 does not seek a lock up,but simply balanced man- agement Argument Favor of public resources.Help us shift the scales towards a g balanced and sustainable future for over 500,000 acres of public land for all Oregonians. Enjoy Camping,Fishing,Hiking,Biking,Kayaking, 4-wheeling,or Wildlife Viewing in Northwest Oregon? Vote Yes on Measure 34. Vote Yes on Measure 341 David Moskowitz Brian Posewitz Robert Sheley The Tillamook and Clatsop State Forests are important for Mark McCollister Ted Gresh John Tyler timber,but they are equally important as a place for recreation Larry Palmer Les Helgeson close to Oregon's booming g population centers. (This information furnished by Dave Moskowitz,Les Helgeson;John Tyler,• The government currently plans on logging off over 85%these Larry Palmer;Robert Sheley;Brian Posewitr,Edward S.Gresh;Mark forests over the next 25 years,leaving little for the benefit of McCollister.) most Oregonians who know them for their stunning beauty and This space purchased for$500 in accordance with ORS 251.255. abundant recreational opportunities.It is time that we adopted a The printing of this argument does not constitute an endorsement by balanced plan that considers both our need for timber revenue the State of Oregon,nor does the state warrant the accuracy or truth and the importance of recreation and quality of life to the resi- of any statement made in the argument. dents of Oregon. Measure 34 requires balance.If we pass Measure 34, recreation,clean water,and fish and wildlife habitat will be Official 2004,General Election Voters'Pamphlet continued 4 341 Statewide Measures Measure 34 Arguments considered as equally beneficial as logging on OUR State Argument In Opposition We understand that some politicians and bureaucrats don't see The Oregon Society of American Foresters STRONGLY the value of running the Wilson River,fly fishing the Trask,hiking OPPOSES Ballot Measure 34.We agree with Governor the Elk-King Traverse,or 4-wheelin'at Brown's Camp,but we Kulongoski's recent(June 28)assessment of the current plan for sure do.That is why we are all voting yes on Measure 34. the Tillamook Forest:"Oregon's economic,environmental,and Wildlife viewing is the most popular activity in the Tillamook and community well-being are inextricably intertwined with the Clatsop State Forests,and it is one of the best places in the State's forests across all ownerships.We have the chance to world to fish for Wild salmon.The area is also popular for off- show how to provide for that well-being through the implemen- road vehicle use.Hunters know the Tillamook and Clatsop for tation of this management plan for the Tillamook State Forest." their abundance of Roosevelt Elk,and kayakers love to paddle The current plan was developed publicly over several years by on the Wilson River, state forestry professionals using substantial input from many Measure 34 prioritizes all forms of recreation, agencies,conservationists,academics,county officials,recre- including biking and motorized recreation. ation groups,and other interests.The plan identifies a variety of management methods to meet diverse needs, including the Measure 34 isn't about locking the forest up, it's about keeping goal of a healthy forest environment today and for future gen- it open for all Oregonians—especially outdoor enthusiasts who erations. Ballot Measure 34 replaces this thoughtful,broadly would rather hike or ride through Old-growth than clear-cuts.Its based plan with the views of narrow interests. simple-50%for the values that we all cherish—clean streams,abundant fish and wildlife,and tons of recreational Oregon law clearly gives the Oregon Board of Forestry and opportunities—and 50%for logging the State Forester the leadership for planning and manage- ment of state forests.Measure 34 inappropriately removes Let's keep our state forest open for all Oregonians to enjoy this vital authority. Vote Yes on 34 Measure 34 incorrectly asserts that the current plan neither "protects"resources nor"balances"economic values with (This information furnished by Sam Drevo&Kristin Dahl, non-economic values. In fact,it uses advanced practices to eNRGKayaking.com;James Monteith,Backcountry Hunters and Anglers.) protect watershed and wildlife values throughout the forest, This space purchased for$500 in accordance with ORS 251.255. and pointedly gives single priority to these resources over The printing of this argument does not constitute an endorsement by about 30%of the total area. the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. Measure 34 ignores the risks of vast unmanaged areas, including outbreaks of insects,disease,and catastrophic wildfire.The current plan applies new science and active forest management to maintain and improve forest health, reducing hazards. Oregon Society of American Foresters has over 1000 members, including foresters,scientists,administrators and educators who contribute to the management of public and private forestlands throughout Oregon.We support professional,conscientious management of Oregon's forest resources, including state lands. Ballot Measure 34 drastically shifts vast areas of state forests to unmanaged status,the same approach that currently is failing to provide environmental,economic,and social sustainability over extensive areas of federal lands. (This information furnished by John Herbst,CF,Chairman,Oregon Society of American Foresters.) This space purchased for$500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. Argument in Opposition The forester responsible for restoring Oregon's Tillamook Forest speaks out against Measure 34. After huge wildfires,called the Tillamook Burn,torched Coast Range forests in the 30s and 40s,cash-strapped counties trans- ferred ownership of the barren lands to the state.As a young forester,I was assigned to lead the team restoring these forests. The state agreed to undertake the most massive reforestation project ever.In exchange,counties agreed to repay bonds and take a share of timber revenues when the forests matured. Measure 34 breaks that bargain.It would cost more than 2,600 Oregonians their jobs.Rural communities would be hit hardest. Sponsors call it balanced,but their arithmetic doesn't add up. Harvests from state forests provide revenue for all schools in Oregon.Measure 34 would reduce funding for schools and local Official 2004 General Election Voters'Pamphlet Continued 3 351 Statewide Measures Measure 34 Arguments governments by more than$25 million a year.Oregonians,you (This information furnished by Kris Kain,President;Oregon Education and I,would give up more than$1 billion of timber value that Association) would otherwise be used to support our schools,local govern- This space purchased for$500 in accordance with ORS 251.255. ments and our economy. The printing of this argument does not constitute an endorsement by I join with foresters across the state who worry that Measure 34 the State of Oregon,nor does the state warrant the accuracy or truth would significantly increase the risk of massive forest fires, ofany statement made in the argument. insect infestations and the spread of disease in these forests. The state's current forest plan already provides strict protections Argument-in Opposition for watersheds and wildlife.Putting more land off limits adds no environmental benefits.Curtailing harvests,however,cuts money THE OREGON FARM BUREAU RECOMMENDS YOU VOTE for fish restoration,recreation and clean water projects on the NO ON MEASURE 34 forestlands.Worse,it cuts funds for forest health protection and Some extremists are at it again—pushing their special interest forest firefighting. agenda at the expense of Oregonians. The Tillamook Burn taught an earlier generation the price paid They are pushing for a ban on timber harvesting on more than for poor forest management.Measure 34 would replace the half of the Tillamook and Clatsop State Forests despite the fact current science-based management plan,developed in a seven- the forests have been successfully and fairly managed since year public process,with a rejected plan that trusts the future of 1973 under already strict plans. our forests to environmental activists and the courts.It endan- gers the health of our forests and damages Oregon's economy. When you factor in the wooded areas the state has already set Please join me in voting NO on Measure 34.Let's not get burned aside to preserve water and natural wildlife habitat,the new harvesting ban would cover more than 60 percent—NOT an again. equal 50 percent.Mandating so much forest acreage off-limits (This information furnished by Edward Schroeder,Oregon State Forester, to responsible harvest causes greater vulnerability to fire and Retired.) disease. This space purchased for$500 in accordance with ORS 251.255. The Oregon Department of Forestry has done a good job The printing of this argument does not constitute an endorsement by managing the Tillamook and Clatsop state forests,balancing the State of Oregon,nor does the state warrant the accuracy or truth timber harvesting,recreational use and habitat preservation. of any statement made in the argument. With successful management the state has generated revenue, benefiting Oregonians through responsible forest use for Argument in Opposition Why suddenly Why suddenly place half the forest off limits? CHILDREN AND PUBLIC EDUCATION Measure 34 is too extreme for state forests,the state economy CANNOT AFFORD MEASURE 34 and the thousands of Oregonians who could lose their jobs. The Oregon Education Association Oregonians are at risk of losing$1 billion of timber value that Urges You to Vote No would otherwise support schools,local government and the Sometimes a ballot measure goes much farther than what it state's economy.Timber harvesting provides essential revenue looks like on the surface.Measure 34 is one of those with for: unintended consequences—this time affecting your public • Schools throughout the state; schools and community services.Why?Because if Measure 34 • Local governments; were to pass,schools and local governments stand to lose • Fish and wildlife habitat improvement projects; $25 million per year due to losses from timber revenue. • New recreational opportunities;and • Funds to fight forest fires. In the last two years,the state's school budget has been cut by We can't afford Measure 34.Don't allow the extremists to push more than$500 million.At this point,$25 million will make a big their narrow agenda. difference in the education of students in your local schools. The Oregon Education Association--representing teachers, Measure 34 will not benefit Oregon.We urge you to VOTE NO. education support professionals and community college faculty (This information furnished by Barry Bushue,Oregon Farm Bureau.) in more than 1,200 schools in Oregon--says no to Measure 34. Measure 34 is not fair to Oregon's students,whether they come This space purchased for$500 in accordance with ORS 251.255. from Tillamook and Clatsop counties or from other districts The printing of this argument does not constitute an endorsement by across the state.That's because revenue losses from timber the State of Oregon,nor does the state warrant the accuracy or truth harvest areas must be backfilled by the state's school budget, of any statement made in the argument. which spreads the loss across all 198 school districts. It's no secret that Oregon's public schools suffer from inadequate Argument 11'1 Opposition and unstable funding.This measure compounds the problem. Our public schools simply can't afford it. Measure 34:It Doesn't Add Up for Oregon. The top priority of the Oregon Education Association is to ensure I'm K.C.VanNatta.For over 60 years my family and I have that every student in Oregon has access to a full curriculum and owned and operated healthy forestland in Columbia County. high standards of public education.We cannot support a ballot Although I live in the Northwest corner of the state,I feel a bond measure with unintended consequences that risks millions of with all of rural Oregon whose communities and livelihood are dollars of funding for our public schools. being destroyed by urban and out-of-state special interest In a time of hard choices,I ask that you support your local groups. schools.Please join teachers and other education professionals Timber jobs matter and Oregon relies on families like mine to who work wonders every day in our classrooms with limited maintain the healthy renewable forests that provide economic resources.Say no to more school cuts.Vote NO on Measure 34. stability to this state.It isn't nice scenery that creates healthy Kris Kain,President forests,but rather responsible,scientifically proven harvest and Oregon Education Association planting practices. Official 2004 General Election Voters'Pamphlet continued 4 36 1 Statewide Measures Measure 34 Arguments Oregonians need to understand that this measure not only safety in Tillamook and Clatsop Counties.Sheriffs all over dooms the Tillamook and Clatsop State Forests to disease and Oregon know that this plan doesn't add up to safer fire,but that 2,600 people will lose their jobs. communities. NOTHING in this plan adds up to a better Oregon.Vote NO The"50-50"plan is an untested forestry proposal that would on Measure 34. ban timber harvests on more than 60 percent of the Tillamook and Clatsop State Forests.The state has analyzed the plan (This information furnished by K.C.VanNatta.) and concluded that people will lose their jobs and public safety This space purchased for$500 in accordance with ORS 251.255. and other local programs will lose millions.Why support that? The printing of this argument does not constitute an endorsement by How many jobs are you willing to cut?Oregon's economy still the State of Oregon,nor does the state warrant the accuracy or truth struggles,and we need to save every job and every dollar we of any statement made in the argument. can. Fellow Oregonians,join me in voting down a proposal that Argument in Opposition will make our communities less safe. Help me maintain the safety of my community.Vote NO on MEASURE 34 IS UNFAIR TO OREGON Measure 34. 60 years ago,after devastating fires ravaged their forestlands, (This information fumished by Todd Anderson,Tillamook County Sheriff, Tillamook and Clatsop Counties transferred ownership to the Tillamook County Sheriffs Office.) state for replanting and management.The state agreed to sell bonds to fund restoration of the forests and the counties agreed This space purchased for$500 in accordance with ORS 251.255. to repay the costs from timber revenues.Thousands of The printing of this argument does not constitute an endorsement by Oregonians pitched in to help with replanting so future genera- the State of Oregon,nor does the state warrant the accuracy or truth tions could enjoy timber harvest revenues from these forests to ofany statement made in the argument support schools and counties. Measure 34 would disregard the state's agreement with the Argument in Opposition counties and dramatically cut revenues for schools,counties and the state. Fishermen for Common Sense Say"NO ON 341" The Tillamook and Clatsop State Forests have been intensely A July 27,2004 Tillamook County Headlight-Herald editorial managed in an exemplary fashion for the sustained production said: of timber in a cost-effective and environmentally sound manner. "Proponents of the 50-50 plan also list'protection of Salmon,wildlife,watersheds and endangered species are drinking water,conservation of wildlife and salmon habitat, already explicitly protected under standards that greatly exceed expansion and protection of recreational opportunities' the Oregon Forest Practices Act. among their prime goals. The state forests are some of the most productive forestlands in But,once again,measures to ensure just that protection are the world today.They are important to Oregon's economy and already in place under the existing ODF plan.Although this provide revenues shared among counties,school districts and plan has been in place only three years,scientists already local governments. are reporting that water quality in the Tillamook is the best Oregon has been successful balancing the state forests for its been since the'30s and'40s,and wild Coho salmon have environmental and economic benefit.Measure 34 is bad policy. rebounded significantly from their threatened condition." Please vote NO. We couldn't agree more. (This information furnished by Tim Josi,Chair,Council of Forest Trust As a group of commonsense fishermen,we know that the Land Counties.) current forest management plan protects our wild salmon and This space purchased for$500 in accordance with ORS 251.255. drinking water.We're not willing to let the special interests The printing of this argument does not constitute an endorsement by behind Measure 34 dictate what happens in our fishing the State of Oregon,nor does the state warrant the accuracy or truth communities. of any statement made in the argument. This plan is a radical idea that the Legislature soundly rejected last fall.We're urging other voters to join us in saying,"If it ain't Argument in Opposition broke,don't fix it!"The current management plan takes care of fish and the water they live in without damaging our rural com- TILLAMOOK COUNTY SHERIFF URGES YOU TO VOTE NO munities by cutting jobs,reducing money for police,fire ON MEASURE 34 departments and schools. I'm Todd Anderson,the Tillamook County Sheriff,and I'm Fishermen for Common Sense cares about fish because we voting NO ON MEASURE 34. make our living from this precious natural resource.The new plan would not provide significant safeguards to fish that aren't If Measure 34 passes,public safety in Tillamook and Clatsop already there in the current plan.We are standing with our neigh- counties will face budget cuts.Timber revenues in our area bors to fight this unfair measure that will cut jobs and hurt our provide money not only for schools,but also for our local state.Like they say:It doesn't add up. governments,which run our public safety programs.Local gov- ernments and schools will lose$25 million per year.Why We're asking our fellow Oregonians to vote no on Measure 34 ' because will damage Oregon-not improve it. sacrifice our public safety for an untested forestry plan. When the Sheriff's Office loses funding,you lose,too.Less "IF IT AIN'T BROKE,DON'T FIX ITI" timber revenue means less protection for our community.It Vote No on Measure 34. means fewer officers protecting our citizens.It means less access to emergency services when our neighbors need it most. (This information fumished by A.D."Gus"Meyer,Fishermen for Common It means less money to keep criminals in jail. Sense.) The Oregon State Sheriff's Association has publicly denounced Measure 34 because of the negative effects it will have on public Official 2004 General Election Voters'Pamphlet continued 4 371 Statewide Measures Measure 34 Arguments This space purchased for$500 in accordance with ORS 251.255. Oregon.Timber revenues make it easier for the state to send The printing of this argument does not constitute an endorsement by money to places where timber harvests aren't conducted. the State of Oregon,nor does the state warrant the accuracy or truth Therefore,taxpayers all over Oregon pay less when timber of any statement made in the argument. revenues are used to support our schools and police and fire departments. Argument in Opposition Timber harvests have a place in our economy.The timber industry supports jobs,supports schools and supports local YEARS OF RESEARCH PROVE THE"50-50"PLAN governments that provide fire protection and public safety. ISN'T BEST FOR OREGON'S FORESTS. Measure 34 is just another nail in the coffin of this already ailing The current plan to manage the Tillamook and Clatsop State industry.Oregon needs to preserve jobs,not cut them. Forests was developed from a large body of recent scientific Let's work together to save Oregon jobs and say NO to information.A 12-year,$25 million research program on the special interests that don't care about jobs in rural Oregon. management of Oregon's coastal forests,including riparian Vote no on Measure 34. zones,fish and wildlife habitat and water quality was completed in 1998.The research program was led by scientists from OSU (This information furnished by Paul Hanneman,Charles Hurliman,Tim and the Forest Service's Pacific Northwest Research Station, Josi;Tillamook County Board of Commissioners.) with cooperation from state and federal natural resource man- agement This space purchased for$500 in accordance with ORS 251.255. governments,and IOCaI Woodland owners.agencies,the forest industry county and tribal The printing of this argument does not constitute an endorsement by govern the State of Oregon,nor does the state warrant the accuracy or truth The Board of Forestry incorporated this research into the current of any statement made in the argument. management plan after lengthy consultation with research program scientists and others.The research demonstrated the Argument Ih Opposition importance of active management in maintaining the long-term health and productivity of our coastal forests and streams. Banning active management of more than 60%of these lands, Don't Lock Up More Oregon Forests as proposed in Measure 34,is counter to the findings of this We oppose Measure 34 for six reasons: research effort. 1.The family forest owners of Oregon represented by the The current forest management plan for the Tillamook and Oregon Small Woodlands Association support a balanced Clatsop state forests was developed with the best,most current approach to the management of Oregon's forests.Measure 34 scientific information available. Measure 34 would institute a significantly reduces that balanced management approach and plan that would discount over 12 years of careful research by polarizes the use of the forests owned by all the citizens of some of the top forest scientists in our region and diminish fund- Oregon. ing for forest health projects. 2.If Measure 34 is passed,local governments and schools Please join me in voting NO on MEASURE 34. would lose$25 million a year.State funds to fight forest fires will (This information fumished by Dr.George Brown,Former Dean,OSU, be cut by more than$5 million a year,and state forest manage- College of Forestry,Former Director,Oregon Forest Research Laboratory.) ment budgets will be cut by more than$9 million a year. This space purchased for$500 in accordance with ORS 251.255. 3.Land use conversion is more likely without long-term local The printing of this argument does not constitute an endorsement by timber markets.The significant reduction of available harvest the State of Oregon,nor does the state warrant the accuracy or truth from state-owned timber will lead to reduced milling capacity in of any statement made in the argument. Northwest Oregon,which will have a negative impact on the opportunity for family forest owners to manage and market their Argument in Opposition forest resources. 4.Oregon's unemployment rate is one of the highest in the Measure 34 Will Cripple Our County nation.Under the Measure 34 plan we will lose more than 2,600 jobs,and Oregon can't afford that right now. Tillamook County Commissioners 5.Measure 34 will dramatically increase the danger of massive As Tillamook County Commissioners,it is our duty to try to forest fires, insects and the rapid spread of disease in the make Northwest Oregon as productive and successful as it can Tillamook and Clatsop State Forests.This in turn threatens be,but Measure 34 threatens the very fabric of our rural com- neighboring family forests. munities.We're proud that counties all over Oregon oppose this 6.Harvesting and replanting forests in compliance with Oregon measure because of its dramatic financial and economic Law shows the world we are serious about sustainability.Wood impacts on the ENTIRE STATE. in general,is a"green"product;local Oregon wood is better.We Here are 6 reasons why we hope you'll help us protect our won't stop using wood in our everyday lives when forests are community and vote no on Measure 34: locked up.We either import it or use a substitute such as plastic 1.Local governments and schools throughout Oregon would or steel.Let's not live in a"state of denial"where our sustain- lose$25 million per year,which means less money for police, ability talk is cheap. fire and emergency services. Oregon Small Woodlands Association urges you to vote NO 2.Over 2,600 family-wage earners will lose their jobs. on Measure 34. 3.Forest fire prevention will be cut by over$5 million per year. Oregon just can't afford it! 4.Out-of-state environmental groups are funding the measure. 5.Schools all over Oregon will foot the bill for the millions lost in (This information fumished by Mike Gaudern,OSWA.) our area due to less timber revenue. 6.Revenues available for fish and wildlife habitat improvement This space purchased for$500 in accordance with ORS 251.255. projects and new recreational opportunities on state forest- The printing of this argument does not constitute an endorsement by lands would be reduced. the State of Oregon,nor does the state warrant the accuracy or truth Measure 34 weakens our rural communities and at the same of any statement made in the argument. time reduces timber revenues that are distributed throughout Official 2004 General Election Voters'Pamphlet continued 4 38 1 Statewide Measures Measure 34 Arguments Argument In Opposition forestlands that burned for months in Central and Southern pp Oregon last summer. Tillamook County 9-1-1 Center Oregon can't afford to pass Measure 34. It cuts money for schools,local governments,and fire prevention.This isn't Protect Public Safety in Tillamook County. acceptable to us,and we hope it's not acceptable to you. Vote No on Measure 34 Join us in voting NO ON MEASURE 34. The 9-1-1 Center dispatches all police,fire and emergency med- ical services in Tillamook County.We know that timber harvests (This information furnished by Rep.Dave Hunt and Rep.Mike Schaufter.) provide essential funding in our area,and make it easier for us This space purchased for$500 in accordance with ORS 251.255. to protect our community in life-or-death situations. The printing of this argument does not constitute an endorsement by If Measure 34 passes,local governments and schools all over the State of Oregon,nor does the state warrant the accuracy or truth the state will lose$25 million per year.That includes public of any statement made in the argument safety,and the people you call for help when it matters most. Not only will public safety suffer,but over 2,600 rural Oregonians Argument in Opposition will lose their jobs.Those of us in Tillamook County cannot sit idly and watch our neighbors lose their jobs because an Paul McCracken untested plan to ban logging on more than 60 percent of the Former Oregon Fish and Wildlife Commission Chairman Tillamook and Clatsop State Forests. FISH AND WILDLIFE ARE ALREADY HEAVILY PROTECTED This ban would also cut$5 million from the Oregon Department Vote NO on Measure 34—It just doesn't add up. of Forestry's fire prevention budget.Oregon cannot afford less fire protection,especially with the devastation we all watched As an Oregon Fish and Wildlife Commissioner,I've worked with occur in Southern Oregon last summer. numerous Oregonians with interests in the future of our state The Tillamook County 9-1-1 Center urges you to support your forests.I'm also an avid angler,and have succeeded in restoring emergency services and reject the out-of-state special interests forested salmon habitat on 1,400 acres of land I own in supporting Measure 34.Less timber revenue means less funding Northwestern Oregon.The wildlife in Oregon is important to me, to help protect our friends and neighbors. and that's why I'm urging you to VOTE NO ON MEASURE 34. Help us keep Tillamook County safe and VOTE NO ON The 50-50 plan doesn't add up to better stewardship for our MEASURE 34. precious fish and wildlife.Here's why: • Oregon already has strict forest management laws that (This information fumished by Stan Sheldon,s-t-f Center Board Chair.) protect fish,wildlife and water quality.Decreasing timber harvest This space purchased for$500 in accordance with ORS 251.255. levels and replacing the state's current plan just doesn't make The printing of this argument does not constitute an endorsement by sense.The Northwest Oregon State Forest Management Plan the State of Oregon,nor does the state warrant the accuracy or truth was crafted through a lengthy and deliberate public process in of any statement made in the argument. 2001 and that plan plainly lays down restrictions to protect fish, wildlife and water quality on state lands that considerably Argument in Opposition exceed tough restrictions required by the State Forest Practice 9 pp rules for private lands. State Representatives • Because the existing laws to protect the fish,wildlife and Dave Hunt(D-Oak Grove)and Mike Schaufler(D-Happy Valley) water quality have proven to be so effective,restricting logging Ask You to Vote NO on Measure 34 on more than 60%(when you add riparian buffers)of these lands would have little environmental benefit. As state representatives,it's our job to look out for our con- stituents.Measure 34 would cut over$25 million to schools and local governments every year—and that isn't good for anyone in and wildlife habitat restoration in these areas,while at the same Oregon. time allowing timber sales that benefit local and state economies. It's a fact that timber revenues provide funding for schools and for basic government services like public safety,fire fighting, Why sacrifice Oregon jobs,rural county services and school community-based health care.We know Oregon is in a tough funding if we're already taking good care of our precious water, financial spot today,and we can't afford more cuts in services fish and wildlife?Let's care for ALL of Oregon. on which our constituents depend. VOTE NO ON MEASURE 34. Furthermore,the"50-50"plan was already rejected twice.An Oregon Department of Forestry panel of scientists,environ- mental and timber industry advocates,economists and forest This space purchased for$500 in accordance with ORS 251.255. management experts rejected this plan over a seven-year The printing of this argument does not constitute an endorsement by planning process.Then,last legislative session,legislators the State of Oregon,nor does the state warrant the accuracy or truth refused to act on the 50-50 plan because of its clearly of any statement made in the argument. economically devastating consequences. Measure 34 would cost our state 2650 lost jobs and$1 billion in Argument in Opposition timber revenue.This isn't acceptable to us,and it isn't right for Oregon.Backers of this measure are attempting to circumvent OREGON WHEAT GROWERS LEAGUE the public process and sell this idea to the voters in a series of OPPOSES MEASURE 34 sound bytes that don't tell the whole story. Oregon state forests are managed under strict requirements and Perhaps the worst part of Measure 34 is the fact that$5 million that have benefited forest health and our economy. would be cut from the ODF's fire fighting budget. It is irrespon- sible and unacceptable to leave our forests even more Measure 34 makes no sense.The special interest groups say vulnerable to devastating fires and disease.Let's not let the they want a balance,but what they want is a ban.Measure 34 Tillamook and Clatsop State Forests end up like the federal would ban harvesting on more than 60%of the Tillamook and Official 2004 General Election Voters`_Pamphlet continued- 39 1 Statewide Measures Measure 34 Arguments Clatsop State Forests. Argument in Opposition Our state forests are already managed for balance.They are among the most healthy forests in the world with such strict Tillamook-Based Fishing Guides Oppose Measure 34 clean water and habitat protection that additional timber set- asides would have little environmental benefit. Our communities and forests depend on k. Measure 34 is funded by out-of-state environmental groups.We As residents of Tillamook County,we know it is imperative that can't allow out-of-state interests to determine what is best our leaders and citizens do everything possible to defeat for Oregon. Measure 34.We believe that our coastal economy,our jobs,our environment,our infrastructure,our schools and the well-being Measure 34 threatens valuable family-wage jobs.Oregon's jobless rate is among the worst in the nation.We can't afford to of our communities could be devastated if we do not. lose more family-wage jobs.If Measure 34 passes,the result will Measure 34 is an extreme alternative to the Oregon Department be thousands out of work and would cost Oregon's economy of Forestry's current plan. $123 million of personal income per year. Here are some reasons why: Please don't allow extremism to waste the value of our state . The 50-50 plan,which has no science to back it up,would be forests.Vote NO on 34. locked in place for 20 years before its success or failure could (This information furnished by Karl Scronce,President,Oregon Wheat even be reviewed.That's far too long. Growers League.) • Environmental protection plans are already at work under the This space purchased for$500 in accordance with ORS 251.255. ODF's current plan.Scientists are reporting that water quality in The printing of this argument does not constitute an endorsement by the Tillamook and Clatsop State Forests is the best it has been the State of Oregon,nor does the state warrant the accuracy or truth since the'30s and'40s,and wild Coho salmon have rebounded of any statement made in the argument. significantly from their threatened condition. • The 50-50 plan has the potential to mortally wound our local , 'gllnlent 111 Opposition economy.With Oregon's economy still on shaky ground,this is no time to gamble by cutting jobs and revenue for schools and Oregon's Counties Stand to Lose MILLIONS basic government services. Association of Oregon Counties Asks All Oregonians • In Tillamook County we know there is no environmental crisis, to Help Preserve Police,Fire,Emergency Services, except the one the Portland-based environmental groups are Senior Community Services and Road about to create if we do not stop Measure 34. Maintenance—AND VOTE NO ON 341 • Nothing in the 50-50 plan would replace logging revenue lost Oregon's counties depend directly on timber harvest revenues to local schools from the state's General Fund. for large parts of their annual budgets.AOC is asking you to Help us stop this extreme plan.Vote NO ON MEASURE 34. help us preserve services like emergency services,police, fire,community-based health care and road maintenance. This statement has been endorsed by these Tillamook Fishing Without the timber harvest dollars the counties depend upon, Guides: Oregon communities can expect to experience cuts in programs Tim Juarez that make their communities more safe and livable. Jack Smith If Measure 34 passes,Local Governments and Schools will M.John Krauthoefer III Lose$25 million per year. (This information furnished by M.John Krauthoefer ill,Fire Fighter's Guide This measure doesn't add up.Estimates say over 2,600 Service,Tim Juarez,•Jack Smith.) Oregonians will lose their jobs if Measure 34 passes,which This space purchased for$500 in accordance with ORS 251.255. means more people dependent on your tax dollars and less The printing of this argument does not constitute an endorsement by people contributing to our communities.Oregon's current forest the State of Oregon,nor does the state warrant the accuracy or truth management plan was developed by a team of scientists from of any statement made in the argument. numerous fields over seven years with public input. Timber revenues keep our citizens from having to pay more Argument in Opposition taxes and keep rural Oregonians at workl We trust the Oregon Department of Forestry to do what's right for all of Oregon,not just the special interests.An untested plan is not worth sacri- MEASURE 34 IS A STEPPING STONE ficing the livability and safety of our communities. Don't be fooled.Environmentalists are using this seemingly Help your county maintain services for you and your neigh- innocent plan to begin shutting down timber harvests bors.Vote No on Measure 34. on all of Oregon's forests. (This information furnished by Mike McArthur,Executive Director, Even private lands. Association of Oregon Counties.) Oregonians in Action fights to protect the rights of private This space purchased for$500 in accordance with ORS 251.255. property owners in Oregon.Measure 34 is obviously a huge leap The printing of this argument does not constitute an endorsement by for environmentalists in their crusade to ban logging on all of the State of Oregon,nor does the state warrant the accuracy or truth Oregon's forests.Their next step will be banning logging on of any statement made in the argument privately owned lands. We believe private property owners have a fundamental right to earn an honest living by responsibly harvesting timber on their own land.Oregonians in Action doesn't want to see this happen to Oregon,and Measure 34 would be a dangerous first step in the wrong direction. Measure 34 would ban logging on more than 60 percent of the Tillamook and Clatsop State Forests.What would stop Official 2004 General Election Voters'Pamphlet continued 4 40 1 Statewide Measures Measure 34 Arguments environmental groups from attempting to"set aside"more Ar U111ent 111 Opposition forestland in the future if they succeed in November? pp rDn Also,the plan would cut over$5 million from the Oregon CLATSOP COUNTY COMMISSIONERS URGE Department of Forestry's forest fire prevention budget.This NO VOTE ON MEASURE 34 means that there will be less money to protect all Oregon forests from fires—even private property.Massive fires like those that Clatsop County cannot afford Measure 34.The so-called burned last summer in Southern Oregon don't discriminate 50/50 plan is an ill-conceived approach that would cost Clatsop against private or public lands.Everything burns. Let's not get and other counties millions of dollars in revenue.Measure 34 burned again. completely ignores the social and economic needs of the county Join Oregonians in Action and say no to this irresponsible,unfair and all of Oregon. plan. Passage of Measure 34 would cause the loss of valuable jobs, Vote No on Measure 34 hurt our healthy forests,cripple our infrastructure,rob our schools and devastate the coastal economy. (This information furnished by David J.Hunnicutt,Executive Director, Measure 34 is unnecessary and too extreme.Old-growth, Oregonians in Action.) drinking water and conservation of wildlife are already protected This space purchased for$500 in accordance with ORS 251.255. under the current management plan and the Tillamook and The printing of this argument does not constitute an endorsement by Clatsop forests are already among the healthiest and most pro- the State of Oregon,nor does the state warrant the accuracy or truth ductive in the world.If passed,the lack of management would of any statement made in the argument. dramatically increase the danger of another massive forest fire, and would allow for the rapid spread of disease. Argument in Opposition Banning harvests on more than 60 percent of the Tillamook and Clatsop forests won't help the environment and will wound our Measure 34 Will Hurt Oregon's Economy,Cost jobs, local economy. Not only will our residents lose jobs,but also And Harm Forest Health revenues received from timber harvesting would crash from $9.36 million to$0. The Tillamook State Forest was planted by Oregon's human The county would be forced to cut services and the ripple effect hands and then nurtured for 50 years by Oregon Department of would be devastating.Additionally,Schools are already strug- Forestry employees as an investment intended to benefit gling for funding.Measure 34 doesn't only affect Clatsop and Oregon's future and economic well-being.It is a shining example Tillamook counties. If passed schools and local governments of forest renewability and sustainability. around the state would stand to lose$25 million a year. The existing Tillamook Forest management lan,developed after years of professional planning,public meetings,citizen input and Measure 34 is not only bad for Clatsop County,but it is bad for all of Oregon. scientific reviews,is better for Oregon than Ballot Measure .a4.The existing plan is a scientifically-based management Please Vote NQ. approach that addresses the myriad of public demands and environmental values necessary to effectively manage the (This information fumished by Clatsop County Commissioners Lylla Tillamook Forest for wildlife,air,and water quality,while creating Gaebel,Richard Lee,Sam Patrick and Patricia Roberts.) jobs and revenues for schools,counties,and the State of This space purchased for$500 in accordance with ORS 251.255. Oregon. The printing of this argument does not constitute an endorsement by Measure 34 is an hing but balanced and is bad for Oregon. the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. • Timber harvest on the Tillamook Forest would drop to less than 25%of sustainable harvest. t i Argument osltlon • More than$1 billion of timber would be set aside,resulting g pp in the loss of 2,650 family wage jobs,and cost Oregon's economy$123 million of personal income per year. How Many Jobs are You Willing to Sacrifice? • Each year,revenues to local governments and schools The numbers don't lie. would be reduced by more than$25 million,and the gen- Over 2.600 Oregonians will lose their jobs eral fund budget would take an additional$10 million hit. if Measure 34 passes. Measure 34 would also do serious harm to state forest health. Associated Oregon Industries,the voice of Oregon business at • Putting most of the Tillamook Forest off limits to manage- the Capitol,wants you to help us save Oregon jobs by voting ment would be the same flawed approach that has caused against Measure 34. dangerous fuel buildup and damaged formerly healthy The so-called 50-50 plan would ban timber harvesting on over Federal forestlands with intense,uncharacteristic wildfires, 60 percent of the Tillamook and Clatsop State Forests.This such as Oregon's 500,000 acre Biscuit fire in 2002. ballot box forestry proposal will cripple already ailing rural com- • It reduces funding for fish and wildlife habitat enhancement, munities in the northwestern part of our state.Now more than cuts more than$5 million from state funds to fight forest ever Oregonians need to stand together to say: fires and cuts forest management budgets by more than • NO TO LOSING OVER 2,000 JOBS $9 million a year. • NO TO CLOSING SAWMILLS OREGON CAN'T AFFORD MEASURE 34. • NO TO BANNING TIMBER HARVESTS IN OREGON'S We urge you to VOTE NO. FORESTS • NO TO CRIPPLING OREGON'S TIMBER INDUSTRY (This information furnished by Rick Sohn,Chair of the Board,Oregon • NO ON MEASURE 341 Forest industries Council.) Oregon needs to harvest timber.It's a sector of our economy the This space purchased for$500 in accordance with ORS 251.255. backers of Measure 34 would like to slowly eradicate.We The printing of this argument does not constitute an endorsement by believe environmental,economic and recreational needs can the State of Oregon,nor does the state warrant the accuracy or truth exist together in Oregon,and the Oregon Department of of any statement made in the argument. Forestry's current plan exemplifies this. Official 2004'General Election Voters'Pamphlet continued 4 41 1 Statewide Measures Measure 34 Arguments Measure 34's supporters believe that their plan will build the /trglLlnlent in VppoSltiQn economy because businesses locate in our area because of our forests and natural beauty.This is absurd.We agree Oregon is beautiful,but as the voice of business in Oregon,we know a OREGONIANS FOR FOOD AND SHELTER picture on a postcard doesn't spur economic development.We STRONGLY OPPOSING MEASURE 34 also know our members value real incentives like low workers' compensation rates and quality public schools.We believe this The Tillamook and Clatsop State Forests are among the most proposal is full of flaws and falsehoods,and it will strangle healthy and productive forests in the world. Measure 34 could Oregon's economy. hurt the health and productivity of the forests—that's why we Join Oregon businesses by voting no on Measure 34.Losing urge you to VOTE NO. jobs,closing sawmills and crippling an entire sector of Measure 34 is not balance—it's a ban. Harvest reductions would Oregon's economy just doesn't add up. cost more than 2,650 Oregonians their jobs and cost Oregonians Richard Butrick fragile economy$123 million of personal income a year. President It would have the greatest impact on rural Oregon.Since 1989, Associated Oregon Industries 163 sawmills have been closed,and Measure 34 would cause the closure of even more. (this information furnished by Richard M.Butrck,President Associated Oregon Industries.) Ten million acres of federal forestlands in Oregon are already off limits to timber harvests.The shutdown of federal forests,cost- This space purchased for$500 in accordance with ORS 251.255. mg thousands of jobs,has already been an economic disaster The printing of this argument does not constitute an endorsement by for rural Oregon. the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. Besides further damaging Oregon's economy,Measure 34 puts the Tillamook and Clatsop State Forests health at risk.The state Argument in OSItIQn forests are already managed under a strict plan that was seven g pp years in the making involving citizens,scientists,environmental Oregon Building Industry Association groups and foresters. If the forests can't be actively managed they will be at risk of Vote NO on Measure 34:Less Timber=Big Consequences for catastrophic fire,rapid spread of disease and insects. Oreaon The state forests are already healthy and balanced.Through The Oregon Building Industry Association works to defend home careful and healthy management the forests contribute to ownership opportunities for all Oregonians.If Measure 34 Oregon's economy providing jobs,revenue for schools,local passes,it will ban timber harvests on more than 60 percent of governments,environmental improvement projects and new the lands in the Tillamook and Clatsop State Forests,and result recreational opportunities. in higher costs for Oregonians trying to buy homes. We urge you to vote NO on Measure 34 for the health of Less lumber from Oregon timber resources means using more Oregon's forests and economy. expensive,imported lumber.This costs all Oregonians more money.It would cost more when you remodel your house.Rents (This information furnished by Paulette Pyle,Oregonians for Food and would rise for the apartment your son or daughter is moving into Shelter.) and construction costs for houses,schools,offices and stores This space purchased for$500 in accordance with ORS 251.255. would increase. The printing of this argument does not constitute an endorsement by Responsible timber harvesting in Oregon makes sense,and the State of Oregon,nor does the state warrant the accuracy or truth keeps costs lower for prospective homeowners, of any statement made in the argument. Moreover,this measure will cut over$5 million from the Department of Forestry's fire prevention budget,which means ArquM11ent i11 OppOSition that our forests are at risk of catastrophic fires like the ones we saw on federal forestlands last summer.Forest fires in any part DON'T VOTE TO ENDANGER of Oregon drive up the cost of building and buying a home OUR FORESTS AND ECONOMY1 because burned trees cannot be converted into usable lumber products. Responsible Stewardship Means Voting NO on Measure 34 Finally,the economic impact on the state would be extreme if The Economic Development Council of Tillamook Ccunty. Measure 34 passes.Over 2,600 hard working Oregonians will Strongly Opposes Measure 34 lose their jobs and the state will lose$1 billion in timber value. The Oregon Forest Management Plan provides for healthy This doesn't add up to a smart choice for Oregonians. forests that support a balanced economy.It evolved through a seven-year process that brought together people with divergent Join Oregon's homebuilders in voting NO on MEASURE 34. interests.The plan ensures that the forest will be appropriately managed for ALL.It provides for fish and wildlife protection, (This information fumished by Jon Chandler,CEO,Oregon Building recreation opportunities,older-growth trees and intelligently Industry Association.) managed timber harvesting without clear-cutting.This scientifi- This space purchased for$500 in accordance with ORS 251.255. cally based plan is our best opportunity to achieve both a The printing of this argument does not constitute an endorsement by healthy forest and a healthy economy. the State of Oregon,nor does the state warrant the accuracy or truth Over the past three years since the Forest Management Plan of any statement made in the argument. has been in place: Native fish counts have increased 230%to 388% 37 Miles of new trails have been built 2,4399,000 trees have been planted in the Tillamook District Forest Stream habitat improvements have dramatically increased. Official 2004 General Election Voters'Pamphlet continued 4' 421 Statewide Measures Measure 34 Arguments MEASURE 34 SEEKS TO DESTROY BALANCE THAT Argument in O" osition ALREADY EXISTS pP When the forest was replanted after the fires of the 1930s,'40s Rudy Fenk and'50s,it was done primarily in one species.We know now Chair of the Tillamook County Soil and Water Conservation that a healthy forest must be diverse.Halting the Oregon Forest District Management Plan's intelligent management of these forests threatens the health of the ecosystem.And that is an economic DON'T FALL FOR THEIR SCARE TACTICS.WATER QUALITY threat to the entire state. IS SAFE ALREADY. Measure 34 presents potential risks to the forest in the form of As Chair of the Tillamook County Soil and Water Conservation increased chance of forest fire,reduced forest firefighting funds, District,I spend my days looking at ways to improve water the spread of Swiss Needle Cast disease and a reduced level of quality for the citizens of Tillamook County.After reviewing this funding to support infrastructure.Devastation in the forest would proposal,I'm urging my fellow Oregonians to VOTE NO on have a very real economic impact. MEASURE 34. Under the Forest Management Plan's stringent guidelines,the The fact is,Tillamook County will lose MILLIONS.This means timber harvest is good for the environment,and the revenue the Soil and Water Conservation District that I run will lose fund- generated supports many more economic components than just ing that is essential in protecting the water quality in Tillamook forest product jobs.It supports our schools,roads and services. County.Backers of this irresponsible measure say their plan will PRESERVE THE BALANCE OF A HEALTHY FOREST AND improve water quality,but don't give a specific plan as to how ECONOMY. cutting funding for water quality improvement in my county will benefit our residents. (This information furnished by Dale Stockton,Board Member,Tillamook Timber harvests provide funding for Tillamook County.Tillamook County Economic Development Council.) County provides funding for the Soil and Water Conservation This space purchased for$500 in accordance with ORS 251.255. District. The printing of this argument does not constitute an endorsement by It isn't hard to connect the dots: the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. Less timber harvests in Tillamook County means less money for the County's water quality improvement projects.Period. Argument,in Opposition Measure 34's supporters are trying to scare Tillamook County residents into believing their drinking water is in danger unless Activists want more than 60 percent of the Tillamook and their plan passes.This is completely untrue.I work every day to Clatsop State Forests off-limits to timber harvests. ensure water quality is protected for my family,my neighbors and every citizen in Tillamook County. Enough already! I find it unacceptable that Measure 34's backers are trying to It's a fact that of the 28 million acres of forestland in Oregon,just scare Oregonians into voting for their proposal. under 10 million have permanent bans on timber harvests.This acreage includes three million acres of wilderness areas and six Tillamook County's water is safe and clean for our families and million of protected old growth.Millions more have stopped children.Don't let them make you think otherwise. producing timber due to litigation and wildfires.In contrast,the JOIN ME IN REJECTING THE ENVIRONMENTALISTS'SCARE Tillamook and Clatsop State Forests were replanted decades TACTICS. ago for the express purpose of providing a sustainable timber yield to fund basic government services like public safety and VOTE NO ON MEASURE 34. schools. (This information furnished by Rudy Fenk,Chairman, Tillamook County Measure 34 is much more costly than advertised. Soil and water Conservation District.) Legal opinions warn that most timber sales would be delayed by This space purchased for$500 in accordance with ORS 251.255. litigation for a period of time nobody can predict.This means The printing of this argument does not constitute an endorsement by that schools and local governments would take huge budget the State of Oregon,nor does the state warrant the accuracy or truth cuts if their timber revenues are halted. of any statement made in the argument. Furthermore,Measure 34 requires employers to pay prevailing wages for any operations in these forests,which reduces a com- Argument in Opposition pany's budget to bid for timber.Prevailing wages alone would cut the amount of timber revenue to the state by an average of OREGON CATTLEMEN'S ASSOCIATION: NO on 34 $35 per thousand board feet.This means the state would lose We oppose Measure 34 because we care about Oregon jobs, $175,000 on a small,5 million-board-foot timber sale.That num- our economy and Oregon's environmental health. ber climbs as the volume of timber gets higher—which means more lost revenues for local governments and schools. Measure 34 will cost thousands of needed jobs.More than These forests are a valuable resource that can benefit all 2,650 family wage jobs will be lost if the measure passes.More Oregonians if properly and fairly managed. mills will close and rural Oregon will be the worst hit. Measure 34 is expensive,wasteful and unnecessary. Oregonians will lose more than$1 billion of timber value if Measure 34 passes.The Tillamook and State Forests provide Join me in VOTING NO ON MEASURE 34. needed funding through healthy timber harvests.These timber harvesting provide funding that supports schools throughout (This information fumished by Sean M.Smith,Vice President,Starfire Oregon,local government and environmental program funding. Lumber Co.) This space purchased for$500 in accordance with ORS 251.255. Measure 34 will harm rather than help the environment.As cattlemen The printing of this argument does not constitute an endorsement by are also concerned with healthy habitats and clean the State of Oregon,nor does the state warrant the accuracy or truth water.Measure 34 would reduce funding available to pay for of any statement made in the argument. important wildlife habitat improvement projects. Passage of the measure would also dramatically increase the danger of massive Official 2004 General Election Voters'Pamphlet continued 4! 431 Statewide Measures Measure 34 Arguments fires and the rapid spread of disease in the forests. Millions a Oregon last summer. year would be cut from funds to fight forest fires and forest . Since 1989,163 Oregon sawmills have closed. Passage of management budgets. Measure 34 is a guarantee that more mills will close,eliminating Measure 34 is irresponsible and extreme.PLEASE VOTE NO. precious family-wage jobs in already hard hit,neighboring rural communities. (this information furnished by Sam Cowart,Oregon Cattlemen's ,association.) • $5 million will be cut from the Oregon Department of This space purchased for$500 in accordance with ORS 251.255. Forestry's fire fighting budget.Reduced fire protection in Oregon puts public forests, private property and our fire fighters at The printing of this argument does not constitute an endorsement by greater risk. the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. • Over$1 Billion in timber value will be lost.The resulting loss of tax revenue to the state will increase taxation on all Oregonians. Argument in Opposition . This reduction in harvest also means that more than 2,000 State Senator Joan Dukes(D-Astoria) hard-working Oregonians will also lose a direct or indirectly As a State Senator whose district includes the vast majority of related job. state timber lands,I am opposed to Measure 34. It is an extreme Measure 34 just doesn't make sense It's bad for our forests measure that would do harm to hard working Oregonians and to it's bad for our schools...it's bad for lobs...and it's bad for the very forests it proposes to protect. Oregon tax-payers! When timber lands were turned over to the state beginning in Join the OFPTA in voting NO ON MEASURE 34! 1939 it was with the promise that they would be well-managed, D.E.Bridges in cooperation with the counties. Future income,it was prom- Oregon Forest Products Transportation Association ised,would be returned to the counties and other districts in the area where trees were harvested.This has worked well for 65 (This information furnished by D.E.Bridges,Oregon Forest Products years,but Measure 34 would break those promises. Transportation association(OFPTA).) The current management plan was developed by the Oregon This space purchased for$500 in accordance with ORS 251.255. Department of Forestry in a seven-year public process that The printing of this argument does not constitute an endorsement by involved hundreds of citizens,scientists,foresters and environ- the State of Oregon,nor does the state warrant the accuracy or truth mental groups.It works. Measure 34 would require that a new of any statement made in the argument. management plan be developed without public input.That circumvents everything Oregon stands for. Argument in Opposition If passed,this measure would cause Oregonians to lose more than$1 billion of timber value that would otherwise support MEASURE 34 BREAKS A DEAL schools,local government,fire and water districts,community colleges and the state's economy by banning timber harvesting Ballot Measure 34 is a breaking of faith with the people of on most of the Tillamook and Clatsop State Forests. Tillamook County.It violates the Trust Agreement under which 15 Northwest Oregon Counties deeded their forestlands to the Today's plan protects sustainable forestry as well as habitat, state for management. watersheds and recreation.The Clatsop and Tillamook Forests have clean water,abundant wildlife and strong and healthy runs The counties transferred ownership of their lands to the State of fish because of the responsible way the forests are managed. of Oregon because the state promised to reforest the lands, It is done by experts who know these forests.Simple solutions manage them to produce another"forest crop"and share like this initiative kill forests,they don't save them. harvest proceeds with the 15 counties.This was their trust-like agreement. Please join me in telling the special interests,bankrolled by out-of-state foundations,that Oregonians don't support their Once the lands were under state management the Trust agenda.We want to keep our forests healthy and we don't break Counties invested heavily in the promise of future returns in our promises. return for giving the state their lands. Vote NO on Measure 34. In 1951,when the state needed more money to cover fire suppression costs,the Trust Counties gave up a share of their (This information furnished by State Senator Joan Dukes,District 16.) revenues to cover the expense.They did so again in the mid 1960s for additional fire protection.This was followed by addi- This space purchased for$500 in accordance with ORS 251.255. tional county investments in pre-commercial thinning,fertilization The printing of this argument does not constitute an endorsement by and other forest management activities. the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. The Trust Counties also agreed to pay back the state's costs for reforestation—to date more than$9 million of the$13 million has been repaid to the state.The Trust Counties also regularly Argunm@nt in Opposition consent to project work,such as placing fish-friendly culverts, installing in-stream habitat and improving forest roads:all of Measure 34 will lock up more than 250,000 acres of which reduce the counties'share of the revenues. forestlandl State-owned lands don't produce property taxes and dominate OFPTA Opposes Measure 34,and here are some reasons why: 67 percent of Tillamook County.Property taxes finance local • Ten million acres of federal forestland in Oregon are already government services.Almost one-third of the county budget is off-limits to timber harvest management.Measure 34 will lock up funded from state forest revenues.The citizens of Tillamook more than 250,000 additional acres of forestland in the County have waited many years for their county to finally secure Tillamook and Clatsop State Forests,tying the hands of respon- the kind of public services that other Oregonians take for sible foresters who manage our state's timber resources.This granted. will ultimately result in the senseless sacrifice of our forests to Today Tillamook County residents stand on the doorstep of catastrophic fires like those that burned in southern and central reaching that goal.To break the counties'deal now through Official 2004 General Election Voters'Pamphlet continued' 441 Statewide Measures Measure 34 Arguments severely limiting timber revenues will be financially devastating. our horticultural products. Measure 34 is unfair,unethical and just plain wrong.Please We have a special relationship with Oregonians,and we care vote NO. about Oregon's economy.This is why we're asking our fellow Oregonians to help us defeat Measure 34,because it doesn't (This information furnished by Paul Levesque.) add up to a good economic choice for our communities. This space purchased for$500 in accordance with ORS 251.255. For example: The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth 1.Measure 34 guarantees that over 2,600 family-wage of any statement made in the argument. earners in rural Oregon will be left jobless. 2.Measure 34 will ban timber harvests on over 250,000 acres offorestland. Argument in Opposition 3.Measure 34 will cause Oregon's economy to lose$123 million in personal income annually. A Scheme Devised by"Panic Button"Environmentalists 4.Measure 34 will cause schools and local governments to Would Needlessly Devastate Oregon's Economy. lose$25 million annually without making any provision to Citizens for a Sound Economy Strongly Opposes Measure replace those lost dollars. 341 Without a healthy economy,all of Oregon suffers.The Oregon Measure 34 is an attempt to ban timber harvesting in the Association of Nurseries cannot support a proposal that will Tillamook and Clatsop State Forests that is being funded by severely damage Oregon's economy by cutting jobs and taking out-of-state environmentalist organizations.These radical groups money out of the hands of businesses and workers. don't mind costing Oregon thousands of jobs and more than Oregon can't afford Measure 34. $1 billion in timber value that would otherwise go to supporting Join us in supporting our customers all over Oregon and VOTE education and other basic government services all in the name NOON MEASURE 34. of the"environment,"despite the fact that many of the policies contained in Measure 34 could wind up hurting the environment. (this information furnished by Mark Simmons,Oregon Association of In rural Oregon,less timber money means more taxes to Nurseries) maintain government-funded services. This space purchased for$500 in accordance with ORS 251.255. Right now,timber harvests in the Tillamook and Clatsop State The printing of this argument does not constitute an endorsement by Forests provide funding for schools and other services in the the State of Oregon,nor does the state warrant the accuracy or truth surrounding counties,easing the burden for taxpayers in these of any statement made in the argument. areas.But Measure 34 would cut this funding source and create a significant budget hole that would force taxpayers all over Argument'in Opposition Oregon to pick up the slack. "Panic Button"environmentalists don't have the facts to Forests and Oregon Jobs at Risk? back up their argument. You've Got to Be Kidding! While passage of Measure 34 would certainly cost Oregon jobs By Jack Lamb and devastate the state's economy,there is no proof that it It's true.Measure 34 would leave over 2,600 hard-working would necessarily help the environment.In fact,there is signifi- Oregonians jobless.As a Tillamook County resident and timber cant evidence that the environment would actually suffer under industry supporter,I'm asking all my fellow Oregonians to join Measure 34 due to an increased danger of massive forest fires, me in voting NO ON MEASURE 34. and the spread of insects and disease. Let's say"no"to more taxes and less jobs. I have worked in the timber industry for over 20 years in Oregon. My family,friends and neighbors work in the forests of Environmental groups wanting to ban timber harvests on state Northwest Oregon.Since 1989,we've seen over 163 sawmills forestlands want to leave it up to the rest of the state to fill close all over rural Oregon,and thousands of hardworking,tax budget holes left by this measure. paying Oregonians be forced out of their jobs. This measure isn't good for Oregon,and it's not good for you. Not only will people lose their jobs,but our forests will be Measure 34:Less timber revenue means more taxes for all put at risk. Oregonians. Measure 34 will cute$5 million from the Oregon Department of Vote NO on MEASURE 34! Forestry's fire fighting budget.Less money for fighting fires puts our fire fighting professionals,forests and economy at risk. (This information furnished by Russ walker,Citizens for a Sound Economy The ODF also stands to lose$9 million for forest management PAC.) projects,which help protect the forests from insects and This space purchased for$500 in accordance with ORS 251.255. catastrophic disease outbreaks.We can't afford to neglect our The printing of this argument does not constitute an endorsement by forests which provide jobs,recreation areas and wildlife habitat the State of Oregon,nor does the state warrant the accuracy or truth for Oregon. of any statement made in the argument. It just doesn't make sense. Argument in Opposition This plan is just another step the urban environmentalists are g pp taking to stop all timber harvesting in Oregon.Measure 34 would cause our state to lose$1 billion in timber revenues.The timber Oregon Association of Nurseries industry is part of Tillamook County's heritage and has a place in Oregon's Economy Can't Take It.No on Measure 34. Oregon's economy.We can't afford to put more Oregonians out of work and risk forest health. As a membership organization that represents more than 1,500 Help Save our Forests and Rural Oregon Jobs.Vote NO on nursery stock producers,retailers,landscapers and allied MEASURE 34. companies in the nursery and greenhouse industry—we rely on our fellow Oregonians and Oregon companies to buy and enjoy Official 2004 General Election Voters'Pamphlet, continues!-4 45 1 Statewide Measures Measure 34 Arguments (This information furnished by Jack Lamb,Tillamook Lumber Company.) received on the draft plan and administrative rule.The concept This space purchased for$500 in accordance with ORS 251.255. embodied in Measure 34 was examined and rejected in that The printing of this argument does not constitute an endorsement by process.Now,proponents are trying to circumvent the process the State of Oregon,nor does the state warrant the accuracy or truth by bringing their failed plan directly to voters. of any statement made in the argument. Official estimates show losses to local governments and schools could exceed$25 million a year if Measure 34 is adopted.Funds Argument in Opposition to fight forest fires would be cut by more than$5 million a year, and funds available to habitat restoration and recreation Oregon Business Association Urges NO Vote improvements on the forests also would be lost. Measure 34 Is Not the Solution! These valuable forestlands are important assets that must be carefully managed to ensure they will continue to serve the The Oregon Business Association(OBA)is a bi-partisan organi- social,economic and environmental values of Oregonians for zation of businesses—large and small,urban and rural—from generations to come. across the state.We support a balanced approach to state public policy,and we support environmentally friendly economic We urge you to reject Measure 34. development in Oregon. Ted Kulongoski Vic Atiyeh We oppose Measure 34 because it is NOT a balanced approach Governor of Oregon Governor of Oregon,1979-1987 to forest management! (This information furnished by Ted Kulongoski,Governor of Oregon; The Oregon Board of Forestry,appointed by former Governor Vic Atiyeh,Former Governor of Oregon.) John Kitzhaber,spent seven years creating a harvest plan for the This space purchased for$500 in accordance with ORS 251.255. Tillamook and Clatsop Forests.During that time,many public The printing of this argument does not constitute an endorsement by hearings were held with all interest groups represented.Now,the the State of Oregon,nor does the state warrant the accuracy or truth supporters of Measure 34 are seeking to overturn the balanced of any statement made in the argument. public process with a proposal that threatens Oregon's econ- omy,especially in rural Oregon. Argument in Opposition OBA believes any plan for harvesting state timber should be reviewed by an independent certification program to ensure both OREGON'S SCHOOLS CAN'T AFFORD MEASURE 34 environmental and economic sustainability. Measure 34 does not strike the right balance. The numbers don't lie.Oregon schools will lose money. Timber harvests in the Tillamook and Clatsop State Forests gen- OBA believes any plan for harvesting state timber should be erate education dollars for the entire state.Kids everywhere in based on the best scientific research available,and should be Oregon depend on the money from these resources.If Measure guided by a collaboration of stakeholders on all sides of the 34 passes,we will all suffer. issue.Measure 34 does not strike the right balance. MEASURE 34 WILL MEAN MORE SCHOOL BUDGET CUTS Measure 34 threatens the economic security of local cities and counties in the region,and the stability of school funding Oregon's legislature is facing another deficit during the next statewide. biennium.That means the possibility of more cuts to essential services and schools.After all the cuts schools have already Vote NO on Measure 34 taken,Measure 34 guarantees that Oregon schools will lose (This information furnished by Lynn Lundquist,President Oregon millions more every year.That's another blow Oregon's kids Business Association) and schools can't afford. This space purchased for$500 in accordance with ORS 251.255. And what does losing millions more in school funding every year The printing of this argument does not constitute an endorsement by mean?It means bigger classes and less attention for our chil- the State of Oregon,nor does the state warrant the accuracy or truth dren.It means less opportunities for our kids to grow and be of any statement made in the argument. successful.Oregon just can't afford Measure 34. Join us in saying"NO"to this unfair,poorly-planned Argument'in Opposition measure. PROTECT OREGON'S KIDS!VOTE NO ON MEASURE 341 Governor Kulongoski and Former Governor Vic Atiyeh Carolyn Ortman,President Urge Oregonians to Vote NO on Measure 34 Oregon School Boards Association Oregon's success in stewarding its state forests provides an example of sustainable forest management that balances social, (This information furnished by Carolyn Ortman,President Oregon School economic and environmental values important to Oregonians. Boards Association.) Measure 34 would alter that balance and substitute"ballot box" This space purchased for$500 in accordance with ORS 251.255. forestry for the collaborative process that currently guides state The printing of this argument does not constitute an endorsement by forest management. the State of Oregon,nor does the state warrant the accuracy or truth In 2001,the Oregon Board of Forestry developed its current plan of any statement made in the argument. for the management of the Tillamook and Clatsop State Forests over the next century.The plan blends scientific knowledge and Argument in Opposition advice with the practical forestry field experience of nearly 70 technical experts,independent scientists and resource special- PRESERVE RECREATION OPPORTUNITIES IN THE ists who took part in the planning. TILLAMOOK AND CLATSOP STATE FORESTS Two separate citizen committees advised the Board on the VOTE NQ ON MEASURE 34 development of the plan,and the draft plan was subjected to two scientific peer reviews.Public input was sought at every Currently,the Oregon Department of Forestry provides great step in the process.More than 1,000 people participated in 36 opportunities for people to enjoy the Tillamook and Clatsop public meetings and more than 5,000 written comments were State Forests.These recreational opportunities are part of the Official 2004 General Election Voters'Pamphlet continued 4 46 1 Statewide Measures Measure 34 Arguments ODF's plan to make sure Oregonians get a chance to explore habitat being destroyed by wildfire.Make no mistake,Measure and enjoy our state forestlands. 34 is bad for fish,wildlife and their habitat.The only sure way to Measure 34 won't expand opportunity,it will cut funds for properly manage our forests,keep our water clean and protect critical fish and wildlife habitat is to allow the experts,not existing programs meant to get us out in the forests,and out-of-state environmental extremists to manage them. turn it's back on existing,historic trails and facilities. The Board of Forestry adopted the Tillamook Forest Recreation Increasing the risk of catastrophic wildfire and threatening P critical fish and wildlife habitat is something we cannot Plan even before the current forest management plan was adopted in 2001.The recreation plan outlines how the ODF support, develops and manages recreational opportunities.Recreation Help us protect and preserve our forests in Oregon.Vote NO volunteers played a key role in designing the existing plan,and on Measure 34. have contributed thousands of hours of volunteer time to help implement it. (This information furnished by Robert G.Deveny,President,Portland,OR Chapter,Wendell Locke,President Santiam River Chapter,'Safari Club If Measure 34 passes the ODF will be forced to divide the forest International.) without regard to where these current,historic trails and camp- This space purchased for$500 in accordance with ORS 251.255. grounds are located,or which areas are best suited for future The printing of this argument does not constitute an endorsement by facilities.The acres that 34 will leave for recreation will be a the State of Oregon,nor does the state warrant the accuracy or truth fragmented,unworkable patchwork. Funding for recreation pro- of any statement made in the argument. grams like those in the existing plan will also be cut,further decreasing opportunities for adventure-seeking Oregonians. Today's responsible forest management gives us better Argument in Opposition access to the forests than under Measure 34. Tillamook Mayor Bob McPheeters Urges a Conditions for the two most popular sports in the Tillamook, NO Vote on Measure 34 hunting and Off Highway Vehicle recreation,will worsen. Don't Vote to Tighten the Noose on Our Economy!No on 341 Federal forests require recreation fees.That's not what Oregonians want for our state forests. The recession of the past two years devastated Tillamook County.Businesses closed their doors.Citizens moved away. Measure 34 will lead to cuts in recreation budgets,forcing the Our local services were cut and our quality of life was State to explore access fees. diminished. Measure 34 doesn't enhance recreation,it restricts it. Now out-of-state special interest groups want to cut more than These oraanizations encourage you to vote no on Measure 34: 2.600 mobs in my area. Oregon Motorcycle Riders Association Measure 34's supporters think it's all right that my neighbors Pacific Northwest 4 Wheel Drive Association,Jim Putnam, lose their jobs because they THINK that maybe economic devel- President opment will come to Tillamook County because of our area's Oregon State Snowmobile Association natural beauty. I've got news for them:Tillamook County was Motorcycle Riders Association,David Lexow,President beautiful before,during and after the recession that crippled my International Harvester Scouts&Trucks of Oregon community. We can't afford to leave our forest management up to an (This information furnished by Barrett Brown,Oregon Motorcycle Riders untested plan that would cut thousands of jobs,cut$25 million Association.) from our schools and local governments and cut$5 million from This space purchased for$500 in accordance with ORS 251.255. the Oregon Department of Forestry's fire prevention budget.The The printing of this argument does not constitute an endorsement by out-of-state environmental groups funding this plan don't care the State of Oregon,nor does the state warrant the accuracy or truth about working families in Tillamook County,but I do. of any statement made in the argument. The truth is economic development comes from real business incentives like an educated workforce,quality schools,tax Argument in Opposition D breaks and a solid customer base. Measure 34 would make the state more dependent on tax dollars because of lost timber Measure 34:Threatens critical fish and wildlife habitat. revenues and would take over$123 million out of Oregon's Portland,Oregon and Santiam River Chapter's of Safari Club economy every year. International As Mayor,I work to strengthen and develop the business community in our area.Measure 34 is simply another attempt at The Portland,Oregon and Santiam River Chapters of Safari Club banning timber harvests in our forests while ruining our rural International advocate for wildlife,wildlife habitat,and hunter's economies. rights in Oregon.After reviewing Measure 34,we have con- cluded that this plan puts the Tillamook Forest at a greater risk Help me say no to the out-of-state environmental groups to catastrophic wildfire and threatens critical fish and wildlife and yes to our fellow Oregonians.NO ON 341 habitat. (This information furnished by Bob McPheeters,Mayor,City of Tillamook.) Measure 34 is so poorly written,it ignores the current threat to This space purchased for$500 in accordance with ORS 251.255. critical fish and wildlife habitat that is posed by catastrophic The printing of this argument does not constitute an endorsement by wildfire.Current forest management practices in the Tillamook and Clatsop State Forests are some of the best in the nation. s he the State of Oregon,nor does the warrant the accuracy or truth Under Measure 34 those practices and standards would be of any statement made in the the scant. bogged down with red tape and constantly under attack by out-of-state environmental extremists who want to shut our forests down. The groups that are proposing Measure 34 are the same ones that have continuously prevented sensible management in our National Forests which has led to millions of acres of prime Official 2004 General Election Voters'Pamphlet continued 4 471 Statewide Measures Measure 34 Arguments Arquinente in osition 2.Then,last year,the state legislature quickly rejected the pp same plan: Associated Oregon Loggers Says NO to Measure 341 3.Now,as a last resort,the plan's supporters are masquerading their proposal as a"balanced"initiative OVER 2,600 HARD WORKING OREGONIANS WILL LOSE and tout it as an"innocent"change to our current forest THEIR JOBS management plan. If Measure 34 passes,over 2,600 Oregonians will be left jobless. Because the plan will so severely cut back the current well- This is because more lumber mills will close and over$25 million managed and balanced timber harvesting practices,over 2,600 will be stripped from our local governments and schools each Oregonians will be jobless and cut$5 million from the Oregon year. Department of Forestry fire prevention programs. In addition, 50-50 ISN'T FAIR AND IT ENDANGERS OUR FORESTS schools and local governments in four counties will lose up to $25 million per year without replacement revenues.This is just The 50-50 plan sounds fair,but there are large parts of the forest plain unfair and damaging for basic local services. that are protected by state and federal laws.If you add those The Beaverton City Council joins me in asking you to vote"no" lands into the equation,this measure actually puts over 60 on this plan(Beaverton City Council resolution August 23,2004) percent of the forest off-limits to timber harvests. -it is an irresponsible effort at"ballot box forestry"that harms In addition to banning timber harvests on over 250,000 acres of many residents and the local economy. forests,the Oregon Department of Forestry will actually lose $9 million each year for forest management programs that (This information fumished by Rob Drake,Mayor,City of Beaverton.) protect our forests from insects and disease. This space purchased for$500 in accordance with ORS 251.255. MEASURE 34 WAS REJECTED TWICE BEFORE The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth The 50-50 plan was considered and rejected by a team of of any statement made in the argument. leading scientists,forestry experts and environmental and timber industry advocates.Seven years of planning produced the current forestry plan,which includes the interests of everyone in Argument in Opposition Oregon.Then,last year,the legislature refused to act on this dangerous proposal because of the potentially crippling effects Measure 34 on our economy. A Threat to Oregon's Environment and Economy $5 MILLION LESS FOR FOREST FIRE PROTECTION Measure 34 Damages Oregon's Economy—Especially Rural Measure 34 will cut over$5 million from the ODF's forest fire Oregon The timber harvest ban proposed in this measure would cost fighting budget.This means less protection for our fire fighters, Oregon's economy$123 million in personal income per year rural homes and precious timberlands. through the loss of 2,650 Oregon jobs.Ten million acres of fed- FOR THE SAKE OF OREGON JOBS AND FORESTS,PLEASE eral forestlands in Oregon are already off limits to timber harvest. VOTE NO ON MEASURE 34. Now Measure 34 proposes to ban harvests on more than IT DOESN'T ADD UP. 250,000 more acres of state forestlands. Measure 34 Hurts the Environment and Eliminates the (This information fumished by Jim Geisinger,Executive Vice President, Compromise Associated Oregon Loggers,Inc.) The Biscuit Fire in Grants Pass and the Bear Butte and Booth This space purchased for$500 in accordance with ORS 251.255. fires outside of Sisters both caused the shut down of main The printing of this argument does not constitute an endorsement by arteries into town,which cut down business by 60-70 percent the State of Oregon,nor does the state warrant the accuracy or truth during those months.Management and regulated harvest of of any statement made in the argument forests is necessary to prevent these fires.Foresters have warned that Measure 34,will dramatically increase the danger of massive forest fires in the Tillamook and Clatsop State Forests. Argument in Opposition This would damage the environment and the economy. The current plan,developed with public,professional and Ballot Measure 34 is Not Good Public Policy environmental input over a seven-year process,is safe and effective.Measure 34 requires that the biology department As Mayor of one of Oregon's largest cities,it's my job to con- chairs at three Oregon universities pick a committee to draft a sider the needs of all residents in my area.Quick fixes almost new management plan—without public input. never work.Measure 34 is a short-sighted view of forest man- agement practices that attempts to undo years of sound and Measure 34 Hurts Schools and Local Governments well-tested policies. Oregonians would lose more than$1 billion of timber value that would otherwise support schools,local government,and The present Oregon Department of Forestry's plan took seven the state's economy if Measure 34 is passed. Measure 34 would years to develop.It included input from three panels of world- reduce the amount of revenue received by all Oregon schools by renowned scientists from a broad cross-section of fields and $26 million a year,and would reduce all revenues provided disciplines.Public input was heavily solicited for the project- through timber harvesting to the state,counties and schools by the plan evolved and improved because of extensive public $70 million a year. input.From my experience serving Beaverton citizens the last 12 years as Mayor,I recognize this as sound public policy. Measure 34 presents a dangerous threat to the Oregon environment and economy. Measure 34 is"ballot box forestry"at its worst and no way to A decrease in job availability and an increase in the threat of manage the delicate balance of our state forests.This ballot forest fires would be devastating to the Oregon economy and measure is an irrational plan that backers have pushed for the environment,and must be prevented through the halt of third time: Measure 34. 1.Known as the"50-50"plan,the Oregon Department of Vote NO on 34. Forestry's panel of scientists,citizens,timber and environ- mental interests rejected this scheme; (This information furnished by Bill Perry,Oregon Restaurant Association.) Official 2004 General Election Voters'Pamphlet continued 4 48 1 Statewide Measures Measure 34 Arguments This space purchased for$500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. Argument in Opposition SEIU,Local 503 Urges a NO vote on Measure 34 We support the following recommendations in the Oregon AFL-CIO's position paper on forest management: i) Maintain and enhance basic protections for the environment, water quality,key watersheds,threatened and endangered species habitat,public health,and occupational health and safety. ii) Move away from low-bid contracting and toward cost- effective innovations in contracting such as:a)"Best-Value" contracts with local preference criteria,b)Service contracts with an embedded timber sale,c)"Bundling"that combines multiple tasks over a longer contract period,d)Indefinite delivery indefinite quantity contracts;and e)Stewardship contracting authorities which may also include goods-for-services,and retention of receipts,and other innovations.These are cost- effective approaches that ensure quality performance,while encouraging contractors to employ a higher-skilled workforce, provide training and create jobs that are longer in duration. iii)Promote federal-state partnerships to gain economies of scale on projects and to tap into a variety of funding sources. iv)Provide standards for living wages(prevailing wages),health care coverage and participation of contractors in a certified apprenticeship program for ecosystem restoration workers. Program and project budgets should include apprenticeship- training set-asides The state management plan for the forests in question has been in effect for just three years.We are generally supportive of that plan.Our members who work in the forests are striving to implement the existing plan in such a way that it makes the forest healthier for recreation,wildlife,and the economy. The existing management plan was developed through a lengthy process in which labor had a voice.The plan does not satisfy everyone who has a stake in the process,but we believe that forest management should not be the result of the initiative process.We urge voters to oppose Measure 34. (This information furnished by Arthur Towers,Service Employees International Union Local 503,OPEU.) This space purchased for$500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. Official 2004 General Election Voters'Pamphlet 491 Statewide Measures Measure 35 Proposed by initiative petition to be voted on at the General (4)The limit of noneconomic damages under subsection(2) Election,November 2,2004. shall be redetermined annually for each year after the effective date of this amendment in accordance with the following formula: Ballot Title Limit of noneconomic damages=$500,000+[$500,000.00 x((Annual CPI -Base Year CPI)_Base Year CPI)j 35 (5)The first business day following February 1st of each year after the effective date of this amendment,the State Court AMENDS CONSTITUTION:LIMITS NONECONOMIC Administrator shall,using the Index identified in subsection(1) DAMAGES(DEFINED)RECOVERABLE FOR PATIENT and the equation set forth in subsection(4),determine the limit INJURIES CAUSED BY HEALTHCARE PROVIDER'S of noneconomic damages;and shall on the same date notify NEGLIGENCE OR RECKLESSNESS the clerks of each of the Circuit Courts what the limit of non- economic damages shall be from that date until the date of the RESULT OF"YES"VOTE:"Yes"vote limits recovery of non- next annual determination. economic damages(defined)for negligent or reckless injury to (6)The term"economic damages"as used in this section patient by healthcare provider to$500,000(adjusted annually for inflation). shall mean all objectively verifiable monetary losses including but not limited to reasonable charges necessarily incurred for RESULT OF"NO"VOTE:"No"vote retains current law,which medical,hospital,nursing and rehabilitative services and other places no limit on jury award of noneconomic damages(defined) health care services,burial and memorial expenses,loss of for injury.caused by negligence,recklessness of healthcare income and past and future impairment of earning capacity, provider, reasonable and necessary expenses incurred for substitute SUMMARY:Amends constitution.Under current law,there i5 domestic services,recurring loss to an estate and damage to generally no limit on jury's award of noneconomic damages to reputation that is economically verifiable. patient,patient's legal representative,or patient's spouse for (7)The term"noneconomic damages"as used in this section injury caused by healthcare p€ovider.Measure limits recovery of shall mean all subjective nonmonetary losses suffered by an noneconomic damages for negligent or reckless injury caused injured patient,including but not limited to pain,mental suffer- by an Oregon licensed healthcare provider or healthcare entity to ing,emotional distress,loss of care,comfort,companionship $5Q0,000.Defines noneconomic damages to include pain;men- and society,loss of consortium,inconvenience and interference tal suffering;emotional distress;loss of society,companionship, with normal and usual activities apart from gainful employment. services;loss of sexual relations;inconvenience;interference activities apart from employment. with normal and usual activities This amendment is self-executing upon passage,shall not Specifies formula to adjust for inflation annualy.Limitation require implementing legislation,and shall apply to all actions applies regardless of extent of injuries,number of people entitled covered by subsection(2)that are filed on or after January 1, to damages,or number of defendants sued.Does not apply to 2005. wrongful death claims.Applies to suits filed after January 1,, 2005.Other provisions. ESTIMATE OF FINANCIAL IMPACT.There is no financial effect on state or local government expenditures or revenues. Text of Measure Section—(1)For purposes of this amendment,the follow- ing definitions shall apply: (a)"Base Year CPI"shall mean the monthly Consumer Price Index for All Urban Consumers Not Seasonally Adjusted in the West Urban area,published by the United States Department of Labor for December of the year preceding the effective date of this amendment. (b)"Annual CPI"shall mean the monthly Consumer Price Index for All Urban Consumers Not Seasonally Adjusted in the West Urban area,published by the United States Department of Labor for December of the year preceding the date of the annual determination specified in subsection(5). (2)Notwithstanding any other provision of this Constitution,in cases not involving claims for wrongful death,an injured patient, the patient's legal representative,including a person claiming loss of consortium,shall be entitled to make a claim for recovery of all economic damages suffered, plus an amount not to exceed$500,000 for all noneconomic damages arising from injury to any one patient that may be recoverable from Oregon licensed healthcare providers or entities.This limitation of noneconomic damages shall apply only to claims for unintended injury occurring when the healthcare providers or entities are acting within the scope of their licenses. (3)Nothing in this section affects the right of any person to recover economic damages. Official 2004 General Election Voters'Pamphlet continued- 50 1 Statewide Measures Measure 35 Explanatory Statement The Oregon Constitution currently acts to prohibit limitations on awards of noneconomic damages in many types of civil actions. Ballot Measure 35 would amend the Oregon Constitution to impose a limit on noneconomic damages that may be claimed in certain actions.The measure applies to claims made by injured patients and legal representatives of injured patients,including persons claiming loss of consortium(the loss of the company, affection,assistance and sexual relations of a spouse).The limitation applies only to claims made by such persons against healthcare providers and healthcare entities licensed in Oregon, for injuries incurred while the provider or entity was acting within the scope of the license.The limitation applies to claims based on negligence or recklessness,but does not apply to claims based on intentional injury.Nor does it limit claims for wrongful death. If a claim is subject to Ballot Measure 35,the measure would impose a limitation of$500,000(adjusted annually for inflation) on the amount that can be claimed as noneconomic damages arising from injury to any one patient that may be recoverable from health care providers or entities.Noneconomic damages are defined as all subjective nonmonetary losses suffered by an injured patient,including but not limited to pain,mental suffer- ing,emotional distress,loss of care,comfort,companionship and society,loss of consortium,inconvenience and inter- ference with the normal and usual activities apart from gainful employment. Ballot Measure 35 does not limit the recovery of economic damages,defined by the measure to be all objectively verifiable monetary losses including but not limited to reasonable charges necessarily incurred for medical,hospital,nursing and rehabilita- tive services and other health care services,burial and memorial expenses,loss of income and past and future impairment of earning capacity,reasonable and necessary expenses incurred for substitute domestic services,recurring loss to an estate and damage to reputation that is economically verifiable. Ballot Measure 35 provides for adjustment in the amount of the limitation based on changes in the Consumer Price Index for All Urban Consumers Not Seasonally Adjusted in the West Urban area,as published by the United States Department of Labor.The State Court Administrator is charged with determin- ing the amount of the limitation each year under the formula provided in the measure. Ballot Measure 35 does not require implementing legislation and applies to all actions filed on or after January 1,2005. Committee Members: Appointed by: Jim Dorigan Chief Petitioners Paul Frisch Chief Petitioners Steve Berman Secretary of State Steve Novick Secretary of State Jacob Tenzer Members of the Committee (This committee was appointed to provide an impartial explanation of the ballot measure pursuant to ORS 251.215) Official 2004 General Election Voters'Pamphlet continued 4 51 1 Statewide Measures Measure 35 Arguments Argument in Favor! previously worked in Oregon for over a decade.If passed, g Measure 35 will: Oregon Medical Insurance System is in Crisis...Againl • Ensure all Oregonians have access to affordable and reliable health care Lack of access to health care is a major problem.In Oregon, • Allow doctors to continue practicing doctors'medical insurance costs have skyrocketed.We have • Limit only non-economic damages to$500,000 been in this position before and we developed a common sense • Reinstate a cap system that worked in Oregon solution that worked. • Discourage frivolous lawsuits Oregon History Show Caps Work • Maintain every Oregonian's right to a jury trial • Places no limits on jury awards for economic damages During the mid-1980s,medical insurance costs were • Save taxpayers millions of dollars each year skyrocketing and endangering doctors'ability to maintain their If we do not act now,Oregonian's will continue to lose access practices,much like the current situation.I was the incoming to medical care.Here is what will happen if we allow greedy fight to reform our medical insurance system and d pr otect our President of the Oregon Medical Association in and led the personal injury lawyers,and their misinformation,to maintain the pr patients'access to health care.Realizing the danger,the Oregon status quo: Legislature passed sensible reform that placed a$500,000 cap • Patients will not have access to critical health care all on all non-economic damage awards.It was a bi-partisan over the state solution addressing a crisis that delivered results. • Oregon will continue to lose doctors From 1987 until 1999,the system worked exceptionally well • Health care costs will continue to rise and lowered liability insurance premiums,while still ensuring • More and more frivolous lawsuits will be filed as lawyers injured parties access to a jury trial and fair compensation for try to hit the"medical insurance jackpot" economic damages.In 1999 the limit was reversed by the Supporting Measure 35 is just a clear cut case of"common Oregon Supreme Court and Oregonians once again found their sense."Vote to protect patient access,vote to protect the health care access in jeopardy. Oregon health care system...VOTE YES ON MEASURE 35! Oregon is now in the exact same crisis it was in the mid- John Moorhead,M.D. 1980s and we have come to the people to offer them the President same solution that has already worked once for our state. Oregon Medical Association Caps on Non-Economic Damages Worked and Will Work Again. (This information furnished by John Moorhead,M.D.,President Oregon g Medical Association.) Caps lower medical insurance rates,lower overall health care This space purchased for$500 in accordance with ORS 251.255. costs,ensure full compensation for economic hardships for vic- The printing of this argument does not constitute an endorsement by tims,and ensure that the next time a baby needs to be delivered the State of Oregon,nor does the state warrant the accuracy or truth there is a doctor there to do it. of any statement made in the argument. Your Help is Needed to Save Oregon's Quality Health Care System Argument,in Faior As the former President of the Oregon Medical Association and an OB/GYN that has never been sued in 30 years of practice,I Doctors,Nurses.Hospitals and Senior Services Providers know how badly this is hurting our health care system.Please Support Measure 35 support Measure 35 and help keep doctors in Oregon. Our organizations represent doctors,nurses,hospitals and Richard Allen,M.D. senior service providers...that is over 7,000 doctors,10,000 Former President,1988-1989 nurses,59 hospitals,and 500 senior care facilities that serve Oregon Medical Association over 24,000 elderly and disabled individuals.We are urging you, on behalf of our members,to support Measure 35. (this information fumished by Richard Allen,M.D.,Former President i Medical Insurance Rates Driving Doctors Out Of Business 1988-1989,Oregon Medical Association.) g This space purchased for$500 in accordance with ORS 251.255. Right now Oregon is experiencing a medical insurance crisis. The printing of this argument does not constitute an endorsement by Medical insurance rates are skyrocketing and driving doctors the State of Oregon,nor does the state warrant the accuracy or truth and some nurse practitioners out of business.This means that of any statement made in the argument the next time a baby needs to be delivered,a head trauma needs to be treated or someone is injured in rural Oregon,there Argument 111 Favor may not be a health care professional there to help. One way to regain control of the situation is to pass Measure 35 Measure 35 is Just What the Doctor Ordered and reinstate a$500,000 cap on non-economic damages,a cap that worked in Oregon for over a decade. As President of the Oregon Medical Association,representing Measure 35 Works in Oregon over 7,000 Oregon doctors,I urge you to please VOTE YES ON MEASURE 35. • Will protect patient access and ensure that doctors are Oregon's medical insurance system is in a state of crisis. available. Skyrocketing medical insurance rates are causing doctors to • Reduced doctor insurance rates and will work again. leave Oregon and/or limit the services they provide.We are • Will reduce medical insurance rates for all health care having great difficulty recruiting new doctors into our state.The providers. result is that all Oregonians are having difficulty accessing health ' Will reduce overall health care costs. care services.If we want to maintain our high level of care,we • Allows juries to award unlimited economic damages. must take action now. • Ensures fair compensation while preventing outlandish jury awards. Measure 35 will help Oregon avert a pending disaster by • Will help control frivolous lawsuits. reinstating a$500,000 cap on non-economic damages that Oregon Health Care Community Supports Measure 35 Official 2004 General Election Voters'Pamphlet continued 4 52 1 Statewide Measures Measure 35 Arguments Oregon's health care providers have come together to protect This space purchased for$500 in accordance with ORS 251.255. our patients'access to health care and to make sure that our The printing of this argument does not constitute an endorsement by providers can continue to practice in Oregon.Please support our the State of Oregon,nor does the state warrant the accuracy or truth medical health care system by voting for Measure 35. ofany statement made in the argument. Jo Bryson,Executive Director Susan King Oregon Medical Association Oregon Nurses Association Argument in Favor Ken Rutledge James Carlson on County Medical Societies Across Ore Oregon Association of Executive Director Supports Measure Across Hospitals and Health Systems Oregon Health Care Association Right now,patients throughout Oregon are in danger of losing (This information fumished by Ken Rutledge,Oregon Association of access to critical health care services because doctors are being Hospitals and Health Systems.) driven out of practice at an alarming rate.Skyrocketing medical This space purchased for$500 in accordance with ORS 251.255. insurance rates,caused by outrageous jury awards,are making The printing of this argument does not constitute an endorsement by it difficult for doctors to continue practicing...depriving you of the State of Oregon,nor does the state warrant the accuracy or truth vital care. of any statement made in the argument. Measure 35 helps solve the problem by reinstating a cap system that worked in Oregon before...and will work again.The Argument in Favor $500,000 cap enacted by this measure will help ensure reason- able jury awards for subjective items,like emotional pain and There are some things we take for granted:eyesight is one of suffering,while ensuring fair compensation for all economic them.Another is having access to a physician.Like our eyesight, hardships.Measure 35 is just common sense. we probably won't miss our doctors until they are gone. The County Medical Societies of Oregon represent the practicing Don't let the current crisis become a disaster. doctors of Oregon,we urge you to VOTE YES ON MEASURE CAN YOU SEE THE PROBLEM? 351 • Between 1999 and 2003 medical liability premiums have Central Oregon Medical Society increased 75%! Clackamas County Medical Society Clatsop County Medical Society • Since the cap on non-economic damages was removed Curry County Medical Society jury awards have risen 65%while cases settled out of Lane County Medical Society court have increased exponentially. Malheur County Medical Society Marion-Polk County Medical Society • Doctors are being forced out of practice:reducing Medical Society of Metropolitan Portland patient access to care and proving that the current Washington County Medical Society system is in need of reform. IS IT CLEARER NOW? (This information fumished by Jim Kronenberg,Oregon Medical Association.) The problem is coming into focus... This space purchased for$500 in accordance with ORS 251.255. Unfortunately,medical malpractice laws favor lawyers over The printing of this argument does not constitute an endorsement by both patient and physician.We can correct this by capping the State of Oregon,nor does the state warrant the accuracy or truth non-economic damages at$500,000. of any statement made in the argument. • Installing a cap on non-economic damages will allow Argument in Favor for just compensation while protecting the medical community from frivolous and capricious lawsuits. Oregon Association of Hospitals and Health Systems • A cap will remove the incentive for lawyers to drive up Support Measure 35 the plaintiff's claims in order to pad their own paycheck. • Caps once worked in Oregon and will work in Oregon Help Medical Providers Protect Your Access to Health Care again. Oregon's hospitals support Measure 35.You should,too. Oregonians deserve the best possible eye care from the Measure 35 would help protect your access to health care by best-trained professionals.Help keep these professionals in placing a$500,000 limit on non-economic damages,which practice and in state, include things like emotional pain and suffering. VOTE YES ON 35! Measure 35 does nothing to take away a jury's ability to award H compensation to victims for their economic hardships,such as Here at the Oregon Optometric Physicians Association we know lost wages,medical expenses,child care costs and any other the value of clear vision.We can clearly see that the medical future costs that must be incurred because of an injury. tort system in Oregon is being abused by trial lawyers blind to the impact their greed has had on the quality of health The question of medical insurance is complex and confusing. care in Oregon.We have watched as our friends and The opposition is doing everything possible to confuse the issue colleagues have been forced to stop high risk by making it appear that Measure 35 would limit any awards in procedures because the cost of malpractice medical insurance cases to$500,000.They continue to do this insurance is so high. Don't take your even though they know the facts just do not support their physicians for granted because, claims. like your eyesight,they are Juries Still Important too dear to lose! THE OREGON OPTOMETRIC PHYSICIANS ASSOCIATION Economic and non-economic damages are both involved in every malpractice case but each has a very specific role. (This information fumished by Wayne Schumacher,Executive Director, Measure 35 ensures that every Oregonian can receive fair com- Oregon optometric Physicians Association.) pensation for any medical injury by protecting a jury's ability to Official 2004 General Election Voters'Pamphlet continued 53 1 Statewide Measures Measure 35 Arguments award any economic compensation they deem necessary.The Argument Ih Favar opposition wants you to think that Measure 35 would take away the necessities of life for people who have been injured. OREGON'S ELDERLY AND DISABLED NEED A YES VOTE ON Measure 35 would restore sanity and stability to a system that BALLOT MEASURE 35 has been steadily deteriorating,while still ensuring that injured patients are fairly compensated for their losses.Soaring com- The Oregon Alliance of Senior&Health Services is the statewide pensation awards are seriously impacting our state's ability to association of not-for-profit,mission-directed organizations provide health care access-especially in rural areas--as more dedicated to providing quality housing,care and services to the doctors choose to limit their practice or simply relocate out of elderly and disabled.Alliance members-nursing homes, state.It is also negatively affecting our ability to recruit new doc- residential care,assisted living,housing and continuing care tors to our state. retirement facilities,as well as senior service agencies--serve As Chairman of the organization representing Oregon's more than 13,000 older Oregonians. Hospitals,I urge you to join us in supporting Measure 35. Measure 35 Helps Ensure Elderly Access To Larry A.Mullins,DHA Comprehensive Health Care Chairman The Alliance endorses measure 35.Since the 1990s nursing Oregon Association of Hospitals and Health Systems homes have become one of the fastest growing areas of health care litigation.Extensive and unabated litigation against (-his information furnished by Larry Mullins,DHA,Chairman,Oregon providers of aging services and heavy losses on liability insur- Association of Hospitals and Health Systems.) ance policies have resulted in skyrocketing insurance premiums. This space purchased for$500 in accordance with ORS 251.255. The lawsuits and rise in insurance rates have led to the absurd The printing of this argument does not constitute an endorsement by situation where resources are drained away from resident care in the State of Oregon,nor does the state warrant the accuracy or truth facilities with no or little history of claims.This isn't right-limited of any statement made in the argument. dollars should go to resident care. This crisis was averted once before with a$500,000 cap on Argument in Favor non-economic damages.The Alliance recognizes that this common sense solution worked before.The good news for us Oregon Nurses Association Supports Measure 35 is that it WILL work again. The Oregon Nurses Association represents over 10,000 nurses Measure 35 simply restores the$500,000 cap(adjusted for across the state. inflation)on non-economic damages.We will see lower premiums,we will see resources being spent where it should- After lengthy debate,an open forum and extensive research,the on resident care-instead of skyrocketing premiums! Oregon Nurses Association has endorsed Ballot Measure 35. Exercise Your Right To Affect Real Chance This is a critically important matter and we studied it with the With Your Yes Vote seriousness that it deserved. The ONA Extensive Research Found: Our main goal is providing the highest quality of life for seniors and the disabled...we feel strongly that Measure 35 will help us It is important to restore the$500,000 cap on non-economic accomplish this by bringing health care reform back to Oregon. medical malpractice awards. This ballot measure is a critical first step to addressing a health This is a reasonable first step that helps return stability to the care system that for all of us is spiraling into a tailspin.Help medical insurance system while ensuring that victims are protect vital health care for our seniors by voting YES on 35. properly protected in cases of malpractice. Ruth Gulyas The unpredictability of future costs can be expected to cause Oregon Alliance of Senior and Health Services further reduction in access unless reforms are instituted. (This information fumished by Ruth Gulyus,Oregon Alliance of Senior and Escalating medical malpractice premiums,including those for Health Services.) physicians and some nurses,are causing providers to restrict the services they offer or to leave practice altogether. This space purchased for$500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by Both of these outcomes negatively impact access to the State of Oregon,nor does the state warrant the accuracy or truth health care for many Oregonians. of any statement made in the argument. Measure 35 is the First Step Towards a Larger Solution ONA expects that a cap on non-economic damages alone will Argument in Favor not entirely solve the problem but will become one part of a package of solutions to reduce the cost of medical insurance Oregon Is Losing Doctors premiums for health care providers.We are asking for you to Doctors'malpractice insurance rates are becoming so expensive support Oregon's nurses by voting YES on Measure 35. that many doctors,especially those in rural areas and high-risk practices,are being forced to relocate or stop providing risky Debbie Cassell services. President of the Oregon Nurses Association My Personal Story (This information fumished by Debbie Cassell,President,Oregon Nurses "My family doctor was forced to stop delivering babies by Association.) insurance rates.I live in Reedsport,Oregon,and recently had my This space purchased for$500 in accordance with ORS 251.255. second child. In order to get the prenatal care I needed,I was The printing of this argument does not constitute an endorsement by forced to travel over 60 miles round trip.I had to make the same the State of Oregon,nor does the state warrant the accuracy or truth trip while I was in active labor.It's ridiculous to have to bypass of any statement made in the argument. my local hospital because insurers wouldn't let them care for me. "Ironically,I am also a doctor who had to give up delivering babies.Two years ago,all deliveries and prenatal care in Reedsport ended because it became impossible to find a doctor Official 2004':General Election Voters'Pamphlet continued 541 Statewide Measures Measure 35 Arguments who could afford the insurance to perform an emergency Show your support of our ranchers,farmers,and loggers caesarian section.Without the necessary emergency coverage, and protect your family by all deliveries were forced to stop.Skyrocketing insurance rates VOTING YES ON MEASURE 35. prevent me from getting and giving needed care locally." Janet Patin, MD Oregonians for Food and Shelter Recent Mother,Family Physician Oregon Farm Bureau Federation Associated Oregon Loggers,Inc. Measure 35 is Critical American Forest Resource Council If we pass Measure 35,we will reinstate a$500,000 cap on non-economic damages.Isn't that enough?This cap worked (This information furnished by Terry Witt,Oregonians for Food and exceptionally well in Oregon for over a decade,and it will work Shelter.) again. This space purchased for$500 in accordance with ORS 251.255. Everyone Pays if Measure 35 Fails The printing of this argument does not constitute an endorsement by Huge jury awards don't weed out bad doctors,they just raise the State of Oregon,nor does the state warrant the accuracy or truth insurance premiums for everyone.Fewer doctors are willing to ofany statement made in the argument. work here or provide high-risk services.Don't you expect excel- lent care if you have an accident on vacation?Don't you expect Argument,in Favor to get in to see a doctor when you need to?That could all go away if we don't pass Measure 35. Communities are being forced to sacrifice health care Vote YES on 35 Who is it that you trust with your health?For many in Oregon, it As both a mother and doctor forced to stop delivering is their family physician.Possibly even the same one they have babies,l urge you to vote"YES"on Measure 35...because seen since they were children.Unfortunately,for many without 35,access to the care of a local doctor may end. Oregonians,their choice of who will be available to provide for (This information fumished by Janet E.Patin,MD) their health care needs is being limited. This space purchased for$500 in accordance with ORS 251.255. Oregonians are offered a solution NOW The printing of this argument does not constitute an endorsement by Since the cap on non-economic damages was removed in 1999 the State of Oregon,nor does the state warrant the accuracy or truth physician insurance premiums have increased at an alarming of any statement made in the argument. rate,forcing some doctors to limit their services or leave their practices altogether.Ultimately,this means that communities Argument in Favor! have to make sacrifices on their health care options—leading to an access crisis. RURAL OREGONIANS ARE HARDEST HIT • Oregon's system is in jeooardv.Without common sense BY MEDICAL ACCESS CRISIS steps toward reform,we are at risk of losing access to vital Right now rural Oregonians are in danger of losing adequate health care. access to critical medical care because of doctors'skyrocketing . A cap on non-economic damages is a reasonable step medical insurance rates.Access for some has already become toward returning stability to the medical insurance market. an issue. If we do not address this access problem more rural Oregonians will be forced to travel sixty or more miles just to see • This is a solution that has worked before while protecting a doctor. patients,the jury system and stabilizing the insurance MEASURE 35 PROTECTS THE FAMILIES OF FARMERS, market. RANCHERS,AND LOGGERS Only caps non-economic damages The people who will be most devastated will be Oregon's farmers,ranchers,loggers and anyone else who makes a living Economic and non-economic damages are not interchangeable: where there are already very limited options for medical care. each has its own special role in compensating the plaintiff. MEDICAL CARE OPTIONS CONTINUE TO SHRINK Economic damages have a measurable impact such as lost It is the critical specialties that are losing doctors at the most wages,related medical expenses,future medical expenses,and alarming rates.This includes doctors who deliver babies,neuro- other related costs. Non-economic damages include consid- surgeons and trauma doctors.If we do not act now to address erations like pain and suffering which are totally subjective. this problem,we will have turned our back on every rural These are two distinctly separate award categories,and anyone Oregonian. that tells you otherwise is simply attempting to confuse the DO YOU EVER TRAVEL IN RURAL OREGON? facts. Rural Oregonians deal with this growing medical dilemma on a Now is the time to vote for a change continual basis,but how often do you travel east of Portland or south of Eugene?Next time you're driving outside a major city, Oregon voters have a chance now to reform the current system think about what would happen should you have a medical and to ensure that all patients have access to critical health care emergency or accident in rural Oregon.What will M do if there when they need it.This is why the Oregon Academy of Family are no medical specialists left to help you,your spouse or chil- Physicians encourages a YES vote on Measure 35. dren if critically injured? Measure 35 will restore the system that once worked MEASURE 35 IS PART OF THE SOLUTION TO in Oregon and will work in Oregon again. MEDICAL INSURANCE REFORM Oregon Academy of Family Physicians MEASURE 35 IS A STEP IN THE RIGHT DIRECTION (This information furnished by James Chesnutt,MD,Oregon Academy of MEASURE 35 RESTORES A SYSTEM THAT LOWERED Family Physicians.) MEDICAL PREMIUMS FOR OVER A DECADE This space purchased for$500 in accordance with ORS 251.255. MEASURE 35 WILL KEEP DOCTORS PRACTICING IN SMALL The printing of this argument does not constitute an endorsement by COMMUNITIES ACROSS THE STATE the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. Official 2004 General Election Voters'Pamphlet continued 55 1 Statewide Measures Measure 35 Arguments Argument In Favor' shortage.Many believe that only"bad"doctors need to be concerned about being sued.The truth is 75%of all Ob/Gyns will be sued during their careers—not because they are bad Oregon Small Business Coalition doctors but because they provide high-risk services. Supports Measure 35 This crisis affects all Oregonians: The Oregon Small Business Coalition,which is made up of thou- sands of businesses from across the state,support Measure 35 . Access to health care has been greatly reduced.High- and urges you to VOTE YES ON 35. risk procedures are especially hard re come by. a fact,a vast majority of Oregon is without neurosurgeons,requiring Measure 35 is Good for Business patients with severe head injuries to be transferred greater • Employers pay millions of dollars each year to insure distances for trauma care,compromising chances for themselves and their employees. recovery and survival. • Skyrocketing medical liability insurance rates are forcing Fewer physicians providing high-risk services means doctors to limit their practice or leave the state which higher health care costs.Even those who can still afford restricts Oregon's workers access to care. health care may not find physicians to provide it. • Restricting access to health care affects the productivity of Measure 35 provides a common-sense solution: a business and its employees,hurting everybody's bottom • Fair compensation for lost wages,future earnings,medical line. bills and actual expenses in medical malpractice cases. • The same rising insurance rates are adding to the increas- • A$500,000 cap only for"pain and suffering"awards.Since ing cost of medical care. such caps were removed in 1999, insurance rates have • Medical liability insurance rates began to rise in 1999 skyrocketed as jury awards have increased 65%while the because the$500,000 cap on non-economic damages was number of patient complaints has stayed about the same. removed. Last year 22 states passed tort reform.Oregon must be next! • Reinstating the$500,000 cap on non-economic VOTE YES ON MEASURE 351 damages will rein in the ever increasing awards for Melissa Edwards,M.D. emotional pain and suffering. Women's Care Physicians&Surgeons • A study by the U.S.Health and Human Services Department noted limiting these large awards on (This information fumished by Melissa D.Edwards,M.D.,Women's Care non-economic damages will reduce overall health care Physicians&Surgeons.) costs by at least 5%. This space purchased for$500 in accordance with ORS 251.255. • A minimum of a 5%decrease will save small busi- The printing of this argument does not constitute an endorsement by nesses millions of dollars in medical expenses each the State of Oregon,nor does the state warrant the accuracy or truth year. of any statement made in the argument. Measure 35 is the First Part of a Greater Solution Argument in Favor Measure 35 will not cure all the ills of Oregon's health care system,but it is a great start.This is just the beginning of a BABIES IN RURAL OREGON ARE MORE LIKELY larger discussion regarding complete reform of our health care TO HAVE LOW BIRTH WEIGHT. system.However,if we can not agree to return to a system that has already worked for our state,what hope do we have for truly THE DEATH RATE IN RURAL AREAS IS 20%HIGHER THAN reforming our system.Measure 35 is the right thing to do, THE REST OF OREGON. please remember that when you cast your vote on Shocking, g g,isn't it. But despite these dire facts,Oregon doctors November 2nd. are trying harder than ever to practice in rural Oregon.The rising OREGON SMALL BUSINESS COALITION cost of medical malpractice insurance has been driving physi- cians away from the areas where they are needed most:leaving (This information fumished by Darrell Fuller,Oregon Small Business nearly half of Oregon's population in the lurch.Even when there Coalition.) are doctors that want to practice in rural Oregon,they are having This space purchased for$500 in accordance with ORS 251.255. a hard time of getting one of the two insurers in the state to The printing of this argument does not constitute an endorsement by issue them a policy.The Oregon Rural Health Association has the State of Oregon,nor does the state warrant the accuracy or truth witnessed the impact of the epidemic of frivolous lawsuits and of any statement made in the argument. as it stands: • Rural doctors work longer hours than their urban Argument in Favor counterparts. • The ratio of population to doctors is nearly 7 times that of PROTECT ACCESS TO HEALTH CARE an urban setting. At 15,1 decided to become an obstetrician/gynecologist when I AND IT IS GETTING WORSE grew up.Yet,five years after launching the medical practice I'd • 29.2%of the remaining doctors in rural areas are being dreamed of,I became part of a statewide trend.Despite never forced to stop providing high-risk services due to rising being named in a lawsuit,I stopped delivering babies.Soaring insurance rates. malpractice insurance rates and fear of litigation have forced • This means fewer doctors delivering babies and fewer more than 125 Oregon physicians and midwives to make the doctors performing life saving surgeries. same decision.Another 250 plan to stop delivering babies within five years. THE KEY TO PROPER TREATMENT IS ACCESS Physicians in high-risk specialties are being forced to limit And there can be no access when doctors continue to be driven essential services or leave Oregon.Despite inflated figures cited away by the outrageous malpractice insurance rates that result by Measure 35 opponents,Oregon has a critical doctor from the frivolous lawsuits filed by greedy trial lawyers. Official 2004 General Election Voters'Pamphlet continued 561 Statewide Measures Measure 35 Arguments What can you do to help?You can vote YES on 35. This space purchased for$500 in accordance with ORS 251.255. • Measure 35 well restore reason to the system by putting a The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth $500,000 cap on non-economic damages. of any statement made in the argument. • Measure 35 will protect the patients access to health care. • Measure 35 will protect injured patients'right to just Argument in Favor compensation. The situation has already gotten out of hand,we need to act IT COULD HAPPEN TO YOU NOW to protect health care for all Oregonians.We need to vote You're in a serious accident.Your ambulance is diverted to an "YES"on 35. ER hours away and valuable time is lost. No trauma specialist is Oregon Rural Health Association on call at your hospital,because medical liability insurance is no longer available. (rhis information furnished by E.E. "Ed"Patterson,Executive Director, You're expecting a baby.But you'll have to drive over 100 miles Oregon Rural Health Association.) for delivery.Only a handful of doctors are left who practice This space purchased for$500 in accordance with ORS 251.255. obstetrics,the rest driven out by skyrocketing liability costs. The printing of this argument does not constitute an endorsement by A family member has a serious medical row.You'll have to the State of Oregon,nor does the state warrant the accuracy or truth wait weeks or months to see a specialist,or go out of state. of any statement made in the argument Many of Oregon's best physicians can no longer afford to prac- tice here,because of liability costs. Arglument In F1Ypr' These scenes are not imaginary.Oregon is losing doctors. MEASURE 35 IS GOOD FOR OREGON'S SMALL BUSINESSES Access to medical care is threatened by frivolous lawsuits and unreasonable non-economic damage("pain and suffering") A Bad Situation awards.You pay for it by losing access to medical care.Ballot Skyrocketing costs for medical malpractice insurance isn't Measure 35 stops the loss. just hurting doctors,it's hurting patients and Oregon's small IF IT HAPPENS TO YOU businesses. Rates have increased dramatically since the$500,000 cap on If an injury occurs due to medical negligence,you should receive the economic award to which you are entitled. non-economic damages was removed in 1999. This means recovery of all current and future medical,hospital, More and more doctors are being forced to either stop practic- nursing,rehabilitative and other health care services,all lost ing or curtail high risk services because they just can not afford income,expenses for domestic service,and more. the insurance costs. No limits.Period.That is the way it should be,and that is Increasing Health Care Costs Hurt Oregon's Businesses Unlimited non-economic awards place tremendous upward exactly what Ballot Measure 35 ensures. pressure on overall health care costs and rates for small DON'T LET IT HAPPEN TO YOU business. This is not a partisan issue;it is a patient issue.We simply can- Health insurance is becoming more costly every day and is plac- not afford to lose more doctors and access to the local medical ing a larger burden on the shoulders of every small business in care we need.It doesn't matter where you live: Portland, our state. Medford,Pendleton or Lakeview.The issue is about all It has gotten to the point that some employers are no longer Oregonians'access to medical care.A YES vote on Ballot Measure 35 will assure that YOU get help in time of need. able to offer health insurance to their employees at all. Lack of Access Hurts Oregon's Businesses Medical Society of Metropolitan Portland Many smaller communities across the state are losing access to (This information furnished by Keith 1.Marton,M.D.,President Medical critical health care services.People in need of care are forced to Society of Metropolitan Portland.) travel increasing distances to receive it. This space purchased for$500 in accordance with ORS 251.255. This means that employees have to take more time off work for The printing of this argument does not constitute an endorsement by medical care,which is hard on both employee and employer. the State of Oregon,nor does the state warrant the accuracy or truth Measure 35 Good for Oregon's Businesses of any statement made in the argument. A recent U.S.Department of Health and Human Services study estimates that limiting unreasonable jury awards for non- Argument in Favor economic damages,which is exactly what Measure 35 does, could reduce health care and insurance costs by 5-9%without Associated Oregon Industries Supports Ballot Measure 35 adversely affecting quality of care. AOI represents over 20,000 member companies,which employ Oregon's Small Business Urge You to Pass Measure 35 almost one third of Oregon's private workforce.On behalf of our Measure 35 helps to lift the burden of health care costs that are members,we implore all Oregonians to vote YES on Measure impacting Oregon's small businesses.NFIB/Oregon urges you to 35. support Measure 35 because it is a first step down the road to positive health care reform. MEASURE 35 WILL SAVE OREGON TAXPAYERS MILLIONS! VOTE YES ON MEASURE 351 Recently,Regence BlueCross BlueShield estimated that Ballot Measure 35 will save the three governmental agencies they J.L.Wilson insure over$27 million in tax payer dollars due to overall sav- National Federation of Independent Business-Oregon ings in health care costs.If$27 million represents the savings for (This information furnished by J.L.Wilson,National Federation of gl*three governmental agencies,just imagine the overall tax Independent ion furnished savings when every government employee is taken into account! Official 2004 General'Election Voters'Pamphlet continued 4 57 1 Statewide Measures Measure 35 Arguments MEASURE 35 IS GOOD reasonable solution to a problem that impacts all of us. It will FOR BUSINESS OWNERS AND EMPLOYEES serve to protect doctors and their patients while ensuring that The cost of insuring employees is steadily increasing and is injured patients are adequately taken care of. steadily becoming a larger problem for all employers,big and Measure 35 is right for Oregon and that is why the Marion-Polk small.Unfortunately,the burden is proving too much for a large County Medical Society asks you to vote YES on Measure 35. number of businesses,forcing them to either reduce health Marion-Polk County Medical Society care benefits or eliminate them all together. Ballot Measure 35 will help to reverse this trend.A recent U.S. (This information furnished by William"Bud"Pierce,Ph.D.,M.D., Department of Health and Human Services study estimated President Marion-Polk County Medical Society.) overall health care costs could be reduced by at least 5%by This space purchased for$500 in accordance with ORS 251255. simply capping non-economic damage awards to reasonable The printing of this argument does not constitute an endorsement by levels.A 5%saving on health care costs will save Oregon busi- the State of Oregon,nor does the state warrant the accuracy or truth nesses millions of dollars each year,helping them continue to of any statement made in the argument. keep their employees insured. MEASURE 35 IS PART OF THE SOLUTION Arigumen t in Favor Measure 35 will restore the cap on non-economic damages that held medical malpractice insurance costs and outrageous jury LANE COUNTY MEDICAL SOCIETY SAYS awards in check for over a decade.This measure is not new or "YES"TO MEASURE 35 unknown,we have had it before and we know a cap will work Oregon's Medical Insurance System Needs Treatment again. Ballot Measure 35 will not solve eve Oregon's medical malpractice insurance system is in trouble. every problem in Oregon's That is bad news for everyone who needs health care,which health care system,but it takes a first step down the path to means it's bad news for all Oregonians. greater reform.We urge you to join Associated Oregon Industries in supporting a common sense solution for Diagnosis of the Problem Oregon...VOTE YES ON MEASURE 351 • The cap on non-economic damages was removed in 1999, Richard M.Butrick which led to a 65%increase in the size of jury awards. President • These increased jury awards led to an average increase of Associated Oregon Industries 175%in the cost of medical malpractice insurance for all doctors in Oregon. (This information furnished by Richard M.Butrick,President&Chief • Rates have increased so much that it is becoming difficult Executive Officer,Associated Oregon Industries) for many doctors to continue their practice,especially This space purchased for$500 in accordance with ORS 251.255. doctors in high risk services like delivering babies and The printing of this argument does not constitute an endorsement by performing brain surgery. the State of Oregon,nor does the state warrant the accuracy or truth • As doctors are forced to cut these critical services,like the of any statement made in the argument. 125 providers who have stopped delivering babies since 2000,patients lose access to health care because there is no longer a doctor available to treat them. Argument in Favor: • Oregonians are forced to travel ever-increasing distances for care. OREGON IS LOSING DOCTORS This is a bad situation for both doctor and patient.Fortunately, The Marion-Polk County Medical Society represents doctors we can treat this problem. across two counties and,on behalf of our members,we are urging you to support Measure 35. Recommended Treatment Plan:PASS MEASURE 35 From 1987 to 1999 Oregon had a system that worked.During • Restores a$500,000 cap on only non-economic damages that time,a$500,000 cap on non-economic damages reduced in medical malpractice cases that has worked before and and stabilized medical malpractice insurance premiums.That will work again.No cap on economic damages. stability kept premiums reasonable and allowed doctors to focus • Provides full and just compensation to injured patients on their practice.Once that cap was removed,our medical while stabilizing a system the rest of us depend on for our malpractice insurance system went haywire. health care. • The stability created by the newly reinstated caps will lead THE RESULTS OF REMOVING THE CAP ON to lower insurance premiums for doctors. NON-ECONOMIC DAMAGES • Lower premiums mean that doctors can get back to the Malpractice insurance rates have increased business of helping patients. an average of 175%. • More doctors practicing means more access to care for all Doctors are being forced to either reduce their Oregonians. services or leave the state. We can help cure this problem by simply passing Measure 35 This limits access to adequate health care for many Oregonians. and bringing back a system that has already proven itself in Jury awards have increased over 60%. Oregon.On behalf of all my members,I urge you to VOTE YES ON 351 THE RESULTS OF PASSING MEASURE 35 Doctors will be able to continue practicing. (This information furnished by Raymond N.Englander,Lane County Access to medical care will improve. Medical Society.) Jury awards will return to reasonable levels. This space purchased for$500 in accordance with ORS 251.255. The jury system will be protected The printing of this argument does not constitute an endorsement by while discouraging frivolous lawsuits. the State of Oregon,nor does the state warrant the accuracy or truth Restoration of a system that worked well for over a decade. of any statement made in the argument. Measure 35 would restore the$500,000 cap on non-economic damages that served this state so well.This measure is a Official 2004 General Election Voters'Pamphlet continued 4 581 Statewide Measures Measure 35 Arguments Argument ill FAVOr' Skyrocketing malpractice insurance rates place an upward g pressure on overall health care costs;that makes care more expensive for everyone,employees and employers alike. Clackamas County Medical Society Needs You to - Lack of access hurts our communities,and ultimately hurts Vote Yes on Measure 35 the businesses that we represent. The issue is simple:Our Citizens'Access to health care is Measure 35 addresses those problems by restoring a$500,000 being compromised.We are confident Measure moves all of cap on non-economic damages in medical malpractice cases,a access crisis. Oregon the right direction toward addressing this s health care cap that worked in Oregon for over a decade.This measure will not solve all our health care problems,but we know it will solve Without Measure 35,the following problems we are now facing one huge problem by keeping our doctors practicing. Measure in Clackamas County will only get worse: 35's solution has worked before in Oregon and will work again • Our physician population is not keeping pace with the for all Oregonians. general population. Measure 35 is a common sense solution • Increasing numbers of primary care medical practices are that has already worked once. now closed to new patients. Please VOTE YES ON 35 • Family practice physicians who once delivered babies are Portland Business Alliance no longer providing these services-because of sky- The Chamber of Medford/Jackson County rocketing medical insurance premiums. Jacksonville Chamber of Commerce • Some OB/GYN physicians are cutting obstetrical services Joseph Chamber of Commerce for the same reason-they cannot afford to perform these Oregon City Chamber of Commerce high risk services! Seaside Chamber of Commerce Dallas Area Chamber of Commerce • We now have cases of an orthopedist and an OB/GYN Bay Area Chamber of Commerce being forced to quit their practices in Clackamas County Milton-Freewater Area Chamber of Commerce due to high insurance rates. North Clackamas County Chamber of Commerce Madras-Jefferson County Chamber of Commerce • Many physicians have limited the number,or no longer Salem Area Chamber of Commerce accept new Medicare or Oregon Health Plan patients Tillamook Chamber of Commerce because low reimbursements fail to cover the cost of increasing insurance premiums. (This information furnished by Brad Hicks,President&CEO,The Chamber • Waiting periods for appointments are increasing. of Medford/Jackson County.) • Emergency room visits are increasing,which results in This space purchased for$500 in accordance with ORS 251.255. higher insurance costs for everyone. The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth These critical,life-giving and life-saving services should not of any statement made in the argument be limited for any individual—especially when returning to a system that existed in Oregon for more than a decade would Argumlent in Favor help avert an access crisis.All we are asking is to return to a system that worked.Please help us restore the$500,000 cap on non-economic damages. Medical Malpractice Insurance Crisis for Oregon Ultimately,the health care you protect could be yours or that of The rising costs of medical malpractice insurance and the your family. increasing difficulty in getting adequate malpractice insurance for many surgical subspecialists is causing a large number of Please make your vote count and vote YES on Ballot surgeons to question their ability to continue providing emer- Measure 35. gency surgery and trauma care. CLACKAMAS COUNTY MEDICAL SOCIETY • The malpractice premium cost for neurosurgeons that perform high-risk operations,like brain surgery,is$30,000 (this information furnished by Janet M.Hochstatter,Executive Director, more than standard medical practice insurance premium for Clackamas County Medical Society.) neurosurgeons. This space purchased for$500 in accordance with ORS 251.255. • Because of these high costs,some Oregon neurosurgeons The printing of this argument does not constitute an endorsement by no longer perform those services,forcing patients with the State of Oregon,nor does the state warrant the accuracy or truth severe brain bleeding to be transported great distances to of any statement made in the argument. trauma centers. • The delay in care affects survival and disability for patients Argument in Favor with brain injuries. Most surgeons are willing to provide emergency surgery but Chambers of Commerce from throughout Oregon many are hesitating because of the malpractice insurance are joining together to urge a YES vote on Measure 35 crisis. As the representatives of thousands of businesses across Physicians and surgeons have had such difficulty getting Oregon,we urge you to support Measure 35.Some may not malpractice insurance coverage since the cap on non-economic understand why Chambers of Commerce from every corner of damages was removed because of the amount of uncertainty the state are interested in a measure that addresses a problem inherently involved in unlimited awards for pain and suffering. with Oregon's medical malpractice insurance system. Personal injury lawyers'pursuit of unlimited non-economic damages and the corresponding outrageous jury awards they We are interested because this system affects everyone can produce are a big part of the cause of the medical insurance - Skyrocketing malpractice insurance rates are forcing doctors crisis. to restrict their practices or leave the state;that hurts access to Should the"lottery"for unlimited medical malpractice non- health care for everyone. economic damages continue?Should we allow a situation where Official 2004 General Election Voters'Pamphlet continued 4 591 Statewide Measures Measure 35 Arguments surgeons can't afford to provide emergency care and patients Angela Kendrick,M.D. can't receive timely emergency care when they need it?Injured President patients should be fully compensated and with Measure 35 they Oregon Society of Anesthesiologists will be.Patients will receive full compensation for all economic hardships and up to$500,000 for non-economic damages. (This information furnished by Angela Kendrick,M.D.,President Oregon Vote YES on Measure 35 and restore stability to the Trauma Society of Anesthesiologists.) and Emergency Medical System This space purchased for$500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by William Long,M.D.,FACS the State of Oregon,nor does the state warrant the accuracy or truth Medical Director of Trauma Services ofany statement made in the argument. Legacy Emanuel Level 1 Trauma Center Chris Kaufman,M.D.,FACS Argument In Favor Asociate Trauma Director Seth Izenberg, M.D.,FACS Measure 35 Associate Trauma Director Solution to Controlling Health Care Costs Measure 35 is a solution to a serious problem facing (This information fumished by William Long,MD,Medical Director of Oregon's health care system:increasing costs of medical mal- Trauma Services,Legacy Emanuel Level 1 Trauma Center.) practice insurance is causing small business insurance costs to This space purchased for$500 in accordance with ORS 251.255. increase.In 1999,a court action lifted the cap on non-economic The printing of this argument does not constitute an endorsement by damages in medical malpractice cases,creating a crisis in liabil- the State of Oregon,nor does the state warrant the accuracy or truth ity insurance coverage for Oregon physicians and hospitals,and of any statement made in the argument. Oregon's employees'are paying the bigger share of these increases. Argument in Favor Lawsuits and resulting costs to doctors and patients are spiraling out of control due to the unpredictability in the insur- Oregon's doctors and patients ance market.This unpredictability is a direct result of the lifted are in the same,dangerous,boat. cap on non-economic damages in medical malpractice cases. Medical malpractice insurance rates are going through the roof Since the cap was lifted in 1999,medical liability premiums p g g g have skyrocketed—as much as 400 percent for some high-risk due to the removal of the cap on non-economic damages. specialists.Jury awards have increased by 65 percent in just Doctors are being forced out of practice by these enormous three years,with the average claim rising from$870,000 to$3.6 premiums.The situation is not good for patients,in fact it's com- million and the average demand for an obstetric claim rising to a promising their access to health care.As physicians who provide staggering$9.5 million. anesthetic care for such critical care as labor and delivery and to gravely ill and injured patients,we see the effects of this crisis Small-and medium-sized businesses are being hit heavily every day as the number of neurosurgeons and other trauma with the effects of lifting the cap on non-economic damages. specialist dwindles. As the costs to small business increase,these higher costs are Oregon needs a cap on non-economic damages.To prove passed on through higher insurance rates,co-pays and the deductibles.As the cost of providing health care insurance to that,you need only look to what has happened i last five years since the cap was removed: employees continues to go through the roof,businesses' benefits plans are forced to be less comprehensive and less 1)Awards have increased from an average of$870,000 to competitive.This affects everyone's pocketbooks as businesses $3.6 million,that is 65%1 are forced to pay more. 2)The average obstetric claims have risen to an amazing Other states have seen the results of reform,with premium $9.5 million. increases remaining significantly lower due to a cap on non- economic damage awards(including Oregon when the cap was 3)The number of patients complaints have not grown,it's the previously in place).Through Measure 35's$500,000 limit for awards that have grown. non-economic damages,costs will decrease and availability will 4)The average doctor's medical insurance costs have risen increase,once again stabilizing Oregon's healthcare system. over 170%. Stability in the medical liability system is desperately needed, and with the passing of Ballot Measure 35,Oregon's critical 5)22%of all those practitioners delivering babies in Oregon healthcare condition will be remedied. have stopped. Vote YES on 35. 6)Oregon is losing anesthesiologists and,without stable insur- ance rates,it is becoming very difficult to recruit new physicians. (This information fumished by Bill Perry,Oregon Restaurant association.) Those are some very frightening statistics.And without This space purchased for$500 in accordance with ORS 251.255. Measure 35,things are only going to get worse. The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth BALLOT MEASURE 35 will lower malpractice insurance rates ofany statement made in the argument which will help keep Oregon's doctors practicing in Oregon. BALLOT MEASURE 35 will restore balance to the system by Argument in Favor ensuring that injured patients receive fair compensation for all economic hardship while protecting patient access to care. Oregonians are being needlessly put at risk by a BALLOT MEASURE 35 will make sure that the next time you medical tort system in need of reform. need the services of an anesthesiologists,on will be there to It Costs Doctors help you. Medical malpractice insurance costs are increasing so rapidly Ballot Measure 35 is too important for Oregon's future and we that many physicians are forced to leave their practices and can not afford to let it fail.Please VOTE YES ON MEASURE 35! move to other states, leaving thousands of Oregonians with little or no access to adequate health care.The situation has become Official 2004 General Election Voters'Pamphlet continued 4 601 Statewide Measures Measure 35 Arguments a crisis:one that will not solve itself. THE FACTS: It Costs You • Measure 35 protects your right to a jury and will allow Doctors are forced to practice"defensive medicine"in order to unlimited economic and punitive damages.Measure 35 protect themselves from medical malpractice claims.These caps non-economic damages at$500,000.This is only one extensive and sometimes invasive tests sometimes not med- of three types of awards juries can determine. ically necessary,and also passed on to you in the form of higher • Measure 35 will reduce medical insurance rates by insurance premiums and co-pays. restoring predictability and stability to the insurance And It Gets Wors market.You only need to look to Oregon's recent past for e Doctors are leaving Oregon at an alarming rate.What will all the evidence you need that caps work. become of the health of you and your loved ones when some- • Measure 35 will lower your health care costs by at least thing as simple as a routine physical becomes a burden to 5%:according to a recent study by U.S.Department of schedule?Let alone a catastrophic health emergency requiring Health and Human Services. the skills of a specialist:a specialist who can no longer provide DON'T BUY THE LIES critical medical procedures or who no longer practices in Oregon because of skyrocketing rates. If Measure 35 fails there will be two losers:Oregonians and SAVE OREGON'S DOCTORSI their health care providers.Oregonians will lose access to care and physicians will lose the ability to practice in Oregon.The • Measure 35 will restore balance to the system by capping only winners will be profiteering trial lawyers. non-economic damages. • Measure 35 will stabilize malpractice premiums:keeping As emergency physicians we are on the front lines of medicine malpractice insurance affordable in Oregon. every day and we understand the importance of preserving • Measure 35 will protect the health of Oregonians by patient access...and Measure 35 JI ensure that we all have ensuring their access to critical specialty services access to medical care when and where we need it. VOTE YES ON 351 VOTE YES ON 35 American College of Obstetricians and Gynecologists Oregon Chapter of the American College of Oregon Academy of Family Physicians Emergency Physicians Oregon Academy Of Ophthalmology (This information fumished by Janet D.Paquette,MD,FACER,President, Oregon Academy of Otolaryngology,Head and Neck Surgery,Inc. Oregon Chapter of the American College of Emergency Physicians.) Oregon Association of Orthopaedists The Oregon Chapter of the American College of Surgeons This space purchased for$500 in accordance with ORS 251.255. Oregon Chapter,American College of Cardiology The printing of this argument does not constitute an endorsement by Oregon Chapter,American College of Physicians the State of Oregon,nor does the state warrant the accuracy or truth Oregon Council of Child and Adolescent Psychiatry ofany statement made in the argument. Oregon Dermatology Society Oregon Psychiatric Association Argument 1n Favor Oregon Radiological Society Oregon Society of Allergy,Asthma and Immunology Medical Injuries Should Be Compensated Oregon Society of Anesthesiologists, Inc. Oregon Society of Physical Medicine and Rehabilitation The facts are that sometimes people get hurt when doctors Oregon Urological Society make mistakes.When that happens,people SHOULD be paid Southwestern Oregon Medical Society for their losses. Measure 35 guarantees that they will,but some (This information furnished by John Moorhead,M.D.,President Oregon attorneys don't want you to know that. Medical Association) Don't Let the Personal Injury Lawyer's This space purchased for$500 in accordance with ORS 251.255. Misinformation Fool Youl The printing of this argument does not constitute an endorsement by The approximately 30 personal iniury lawyers that are supporting the State of Oregon,nor does the state warrant the accuracy or truth the opposition claim Measure 35 would limit all awards in med- of any statement made in the argument. ical insurance cases to$500,000,even though they know that is I ust not true. Argument,in Favor Jury's Still Decide Damages It is Time to Look Beyond the Smoke and Mirrors Measure 35 ensures that you can receive full and fair compen- sation for any medical injury.Measure 35 guarantees that juries There are a handful of personal injury lawyers spreading can make the decision to compensate you for ALL economic misinformation about Ballot Measure 35.We are a statewide damages,such as lost wages,medical expenses,childcare organization representing over 300 practicing emergency physi- costs and future costs that are a result of an injury.Measure 35 cians in Oregon and we feel it is important to let the facts speak will only place a$500,000 limit on extra,non-economic dam- for themselves. ages,things like emotional pain and suffering. THE CRISIS: Why Do Personal Injury Lawyers Oppose Measure 35? • Doctors are leaving Oregon because of the high cost of It's a matter of greed. Measure 35 limits the amount of potential malpractice insurance. income attorney's can make in a lawsuit.Measure 35 can cut • Many doctors have stopped performing high-risk their income by 40%.That's their main motivation for opposing procedures because of these high rates. Measure 35. THE MISINFORMATION: Physicians Want To Protect Your Access To Health Care Opponents to Measure 35 claim that it would take away your Who do you think has your best interest at heart,the 30 per- right to a jury trial,they claim it will not reduce medical insur- sonal injury lawyers who are trying to protect their pocketbooks, ance rates and they say it will not lower health care costs. OR YOUR PHYSICIAN?Measure 35 will restore sanity to a sys- However,none of their claims hold up when you review the tem that has run amok and is hurting the people of Oregon.It facts• Official 2004 General Electron rioters'Pamphlet continued-� 61 1 Statewide Measures Measure 35 Arguments will help guarantee that physicians will keep delivering babies in DOCTORS ARE FORCED TO STOP PROVIDING SERVICES rural areas,performing the complicated surgeries and keeping Many doctors have quit their profession or left the state because their doors open to all patients. of the cost of malpractice insurance in Oregon. VOTE YES ON MEASURE 35 to bring back a system that Many have stopped performing high-risk procedures,like back worked. surgery and delivering babies,because of our medical liability Osteopathic Physicians and Surgeons of Oregon insurance crisis. Skills once used to heal patients,skills that doctors spent tens (This information furnished by Jeff Heatherington,Osteopathic Physicians of thousands of hours in training to acquire,have been aban- and Surgeons of Oregon,Inc.) doned by physicians because of the risk of multi-million dollar This space purchased for$500 in accordance with ORS 251.255. lawsuits. The printing of this argument does not constitute an endorsement by The end result is that access to sophisticated health care serv- the State of Oregon,nor does the state warrant the accuracy or truth ices has become more difficult for Oregonians because of this of any statement made in the argument. medical liability insurance crisis. Argument,111 Favor: Your health may be at risk because of decreased access to care in our state. Dear Voter: Unfortunately,you may not realize this until it is too late. I am an attorney and a member of the Oregon State Bar.I am MEASURE 35 WILL HELP CORRECT THIS CRISIS currently retired after several years in private mediation practice. Measure 35 will once again make Oregon attractive for new Prior to becoming a lawyer I was engaged in several other doctors. professions.I believe I bring a somewhat unique breadth of Measure 35 will allow doctors to continue providing high quality knowledge and experience to certain legal issues. care to Oregonians. In my view the present system of litigation of personal injury Measure 35 does not cap potential lost wages or medical claims is seriously flawed.It tends to promote lawsuits that are expenses in a malpractice case. little more than lotteries for plaintiffs and their attorneys,who often receive one-third or more of jury awards. Please vote YES on Measure 35 to protect health care Few would dispute the premise that if an injury is truly the access for all Oregonians. result of negligence,the injured party should be reimbursed for McMinnville Physicians Organization the economic loss he or she sustains.In contrast,I believe the Erik E.Swensson,M.D.,FA.C.S.,Vascular&General Surgery area of so-called"non-economic"damages is one in which the Michael P.Jaczko,D.O., Family Practice legal system encourages abuse.Such injuries actually exist,but Matthew J.Bliven,M.D.,Family Practice it is typically impossible to place a definitive value on them, John B.Neeld,M.D.,Obstetrics&Gynecology while the dollar value of economic damages must be substanti- ated objectively.This too often encourages outrageous requests (This information fumished by Kathie Oriet,McMinnville Physicians of millions of dollars to be added to otherwise legitimate claims; Organization) and also encourages the filing of lawsuits whose merits are at This space purchased for$500 in accordance with ORS 251.255. best marginal. The printing of this argument does not constitute an endorsement by The public should be aware that although the costs of dispro- the State of Oregon,nor does the state warrant the accuracy or truth portionate jury awards fall first upon defendants and their of any statement made in the argument. insurers,eventually everyone pays.This Measure is a first step in correcting this important problem. Argument in Favor Please join me in supporting Measure 35. Robert B.Johnson,J.D.,Ph.D. Local Medical School Student May Be Forced to Leave Oregon (This information furnished by Robert Johnson,J.D.,Ph.D.) I am currently a medical student in my third year at OHSU.After This space purchased for$500 in accordance with ORS 251.255. graduation,I hope to set up practice medicine in Oregon. The printing of this argument does not constitute an endorsement by Unfortunately,I don't know if that will be possible.The reality is the State of Oregon,nor does the state warrant the accuracy or truth that I may likely be forced to move out of Oregon and practice in of any statement made in the argument. another state where I can afford my medical liability insurance. Unfortunately,it is not just about patient care anymore Argument in Favor Today in Oregon,we have a system that has gotten so far out of PATIENT ACCESS IS BEING RESTRICTED hand that,along with learning leading edge procedures and practices,I learn about defensive medicine in an effort to protect Getting a doctor's appointment when you want one is becoming against frivolous lawsuits.I understand the potentially devastat- difficult in this state. ing impact of even one lawsuit.A lawsuit that has the ability to Patients are waiting months to see a physician and injured shatter my dreams of serving my patients,force me to close a patients are often forced to travel great distances to find a cer- practice,and compel me to look at other avenues of medicine. tain specialist. These are costs that will ultimately impact patients through higher insurance premiums,lack of access,and lack of choices Pregnant women are having a difficult time finding obstetricians, in medical care. especially in rural areas of Oregon. Measure 35 Will Allow Student to Study and Practice in Skyrocketing medical insurance rates,caused by flaws in Oregon Oregon's medical liability system,are creating the delays in appointments and care. Measure 35 will restore a cap that worked in Oregon to stabilize the system,allow doctors to practice and protect patients' Doctors cannot even get insurance to cover the huge amounts rights.Measure 35 is a strong first step in the right direction for being awarded. Official 2004 General Election Voters'Pamphlet continued 4' 62 ( Statewide Measures Measure 35 Arguments Oregon.This is a problem that must be addressed because if Oregon's own medical students won't stay in Oregon-who will Argument in Favor serve your community? I,like my fellow students,have not yet been threatened by the IS THERE A DOCTOR IN THE HOUSEI? soaring costs of practicing,frivolous lawsuits,or closing prac- There soon won't be enough doctors for all the houses in tices.We see a bright future of serving patients who need our Oregon if frivolous lawsuits continue to drive up the cost of mal- skills and services.That is why I support Measure 35. practice insurance.We are groups of independent physicians Now is the time for a change...VOTE YES ON 35. throughout the state and we know how hard physicians work to provide quality care to Oregonians.We also know how hard sky- Cody Evans rocketing insurance rates in Oregon have impacted both patients OHSU Medical Student and doctors: (This information furnished by Cody Evans,OHSU Medical Student.) • Oregonian's access to critical health care services is being severely compromised.Doctors are being forced to This space purchased for$500 in accordance with ORS 251.255. quit certain services or leave the state at an alarming rate. The printing of this argument does not constitute an endorsement by . Everyone pays!High premiums are passed on to YOU in the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. the form of higher health care costs. Opponents of measure 35 try to pull the wool over your eyes, Argument in Favor telling you that a cap on non-economic damages will hijack the jury's control over awards.This is patently untrue. OREGON IS LOSING NEUROSURGEONS • Non-economic damages are only one piece of the puz- Neurosurgery(surgery of the brain and spine)is a critical part of zle.There are two other types of damages:economic and neurosurgeons have punitive. Neither will still be affected and juries will be able any health care system.Unfortunately, recently become an endangered species in Oregon because of to provide just compensation. skyrocketing medical insurance premiums that are driving them • Unlimited non-economic damages give personal injury out the state or out of practice.That means the next time there lawyers every incentive to drive up awards.Personal is a serious brain or spine injury, brain tumor,or brain hemor- injury lawyers'extreme monetary demands make it more rhage(stroke),there may not be a neurosurgeon available. likely insurance companies will settle to avoid costly litiga- Some of the key factors driving medical insurance premiums tion and unlimited jury awards for non-economic damages. through the roof: So why not work fewer hours and still get paid handsomely. • Excessive jury awards for non-economic damages. Keep health care accessible and affordable for all Oregonians. • Many frivolous lawsuits. Stand together with physicians from across the state and vote WHAT'S CHANGED YES ON 35! Between 1987 and 1999,malpractice insurance rates dropped Names of IPAs to be listed here by 50%,which ensured that doctors were able to practice their PrimeCare craft and care for patients.From 1999 onward,insurance rates McMinnville Physicians Organizations for neurosurgeons have increased approximately 400%,which Columbia Pacific I.P.A. has forced many neurosurgeons to stop providing this high risk Central Oregon IPA care.Some insurance carriers are unwilling to cover neuro- Mid Rogue Independent Physicians Association surgeons in this high risk environment.Without malpractice InterHospital Physicians Association-The Portland IPA insurance,neurosurgeons are not able to provide care.What Association of Northwest Physicians caused this huge change?The$500,000 cap on non-economic Lane Individual Practice Association damages was removed in 1999.Now,awards for non-economic Oregon Primary Care, Inc. damages(pain and suffering)can reach millions of dollars. Pacific IPA, Inc. WHY WE NEED MEASURE 35 Quality Care Associates, Inc. Measure 35 would reinstate the$500,000 cap that has worked (This information fumished by Mike Bond,CEO,PrimeCare.) in Oregon in prior years.We need Measure 35 because we need This space purchased for$500 in accordance with ORS 251.255. practicing neurosurgeons in Oregon.We need Measure 35 The printing of this argument does not constitute an endorsement by because we need to restore a fair system that protects doctors the State of Oregon,nor does the state warrant the accuracy or truth and patients in Oregon. of any statement made in the argument. Measure 35 will not solve every problem in our medical system. However,Measure 35 will ensure that our neurosurgeons may Argument in Favor continue to practice in Orecon and that Oregonians will have access to neurosurgical care.That is why the Oregon The Oregon Association of Orthopedists urges a Neurosurgical Association encourages a YES vote on YES vote on Measure 35. MEASURE 35. Dr.Jeff Chen Our Association numbers close to 200 orthopedic surgeons across the state.We take pride in providing quality care for Dr.Frank Soldevilla patients with injuries to bones,joints,tendons,and nerves. Dr. David Adler Oregon's Medical Liability Crisis Oregon's medical liability crisis is responsible for a growing (This information tumished by Dr.Jeff Chen,Oregon Neurosurgical threat to Oregonian's access to quality healthcare.The cost of Society.) medical liability insurance has become so expensive that many This space purchased for$500 in accordance with ORS 251.255. orthopedic surgeons have been forced to limit their practice, The printing of this argument does not constitute an endorsement by relocate to a different state,or withdraw from government pro- the State of Oregon,nor does the state warrant the accuracy or truth grams such as the Oregon Health Plan and Medicare where ofany statement made in the argument. reimbursement rates fail to adequately cover the rising insurance Official 2004 General Election Voters'Pamphlet continued 4, 63 1 Statewide Measures Measure 35 Arguments premiums. This is not a"bad doctor"problem. Medical Liability Insurance is Necessary It is not the same small number of doctors year in and year out Medical liability insurance is necessary for those injured by who are causing the bulk of awards in medical liability suits.In medical errors to receive payment for their economic and non- fact,the number of cases filed has remained steady,it is just the awards that have gone through the roof. economic losses.Examples of economic losses include medical bills,lost wages,disability and job retraining benefits.Non- Please vote yes on Measure 35. economic losses,such as pain and suffering,are real but not Michael B.Vessely,M.D. measurable. American Academy of Orthopedic Surgeons Oregon's Medical Insurance System is Broken Throughout the 1990's medical liability insurance remained (This information furnished by Michael B.Vessely,M.D.,American affordable because of a cap on non-economic awards in med- Academy of orthopedic Surgeons.) ical liability lawsuits.Since removed in 1999 there has been no This space purchased for$500 in accordance with ORS 251.255. fiscally responsible or consistent formula for calculating non- The printing of this argument does not constitute an endorsement by economic awards.This has resulted in exorbitant awards for the State of Oregon,nor does the state warrant the accuracy or truth non-economic losses and skyrocketing medical liability insur- of any statement made in the argument. ance premiums.Clearly our current"system"is broken and represents an unsustainable burden to all Oregonian's. Argument in Favor Measure 35 is a Common Sense Solution Measure 35 will restore a cap on non-economic awards in med- OREGON NURSE-MIDWIVES SUPPORT MEASURE 35 ical liability lawsuits of$500,000 with provisions to increase with the cost of living.Measure 35 will still allow anyone who has suf- Nurse-Midwives support consumer protection fered injury due to medical error to sue for full compensation of Certified Nurse-Midwives(CNMs)believe women and their economic damages.Measure 35 is a common sense and proven families should be justly compensated for harm as a result of solution that will help protect access to quality healthcare for all practitioner error.Measure 35 guarantees a citizen's right to a Oregonian's. jury trial for injury resulting from medical negligence,and to Oregon's orthopedic surgeons urge you to VOTE YES ON 35. compensation for medical costs,lost income,future impairment of earning capacity and other economic damages.Measure 35 Mark D. Peterson,M.D. further supports compensation for pain,suffering,inconvenience 2004 President and other subjective non-economic losses up to$500,000. Oregon Association of Orthopaedists Nurse-Midwives serve the women of Oregon Orehis information furnished b Mark D.Peterson,M.D.,2004 President, Nurse-Midwives have been practicing in Oregon for over 30 gon Association of Orthopaedists.) years and attend almost 15%of all births in Oregon.They prac- tice in a variety of settings:public health departments,migrant This space purchased for$500 in accordance with ORS 251.255. health clinics,private practices and HMOs.They provide health The printing of this argument does not constitute an endorsement by care to women of all ages,with a focus upon pregnancy and the State of Oregon,nor does the state warrant the accuracy or truth birth.Over 70%of nurse-midwives include vulnerable popula- of any statement made in the argument. tions of women in their care.Nu Argument in Favor p ermiums se-Midwifery practice is threatened by high liability Like physicians,CNMs are facing ever increasing insurance Economic damages are protected. rates for liability insurance.In some areas this has resulted in the Make no mistake,we believe that those patients harmed as a actual closure of practices.In all practices,these higher rates result of medical negligence should be made as whole again as have a direct impact upon the quality of care provided.The sky- possible.This means that you should receive your full eco- rocketing rates require CNMs to see more patients to cover the nomic damages including lost earnings,future earnings,past increased cost of premiums,decreasing the time that can be and future medical care and any supportive care necessary.This spent with an individual patient.Time to listen,educate and measure only proposes to cap non-economic damage,such counsel patients is a hallmark of nurse-midwifery care. as pain and suffering,to$500,000. CNMs are committed to ensuring access to high quality and Juries will be protected. affordable health care for all women. This ballot measure is not about juries or disempowering juries. CNMs are a part of the solution to the high cost of health It is about a system full of frivolous suits filed in hope of hitting care.For example,their low-tech,high-touch approach has the jackpot.These jackpot awards cost all of us,and the major- been shown to result in fewer Cesarean births.Access to nurse- ity of the money does not go where it should-----to the patient. midwifery services is threatened by the current liability crisis.We Some reasonable limits need to be placed on pain and suffering urge a Yes vote on Measure 35. awards or we all will pay and only very few will benefit. This is not an insurance Indust investment problem. (This information furnished by Catherine F.Pelosi,CNM,Oregon Chapter industry P of the American College of Nurse-Midwives.) The opposition will attempt to confuse you with meaningless numbers.The reality is that the insurance industry has had to This space purchased for$500 in accordance with ORS 251.255. increase rates to recoup substantial losses they have incurred The printing of this argument does not constitute an endorsement by due to jackpot pain and suffering awards since the Oregon cap the State of Oregon,nor does the state warrant the accuracy or truth on non-economic damages was lifted in 1999. Insurers are trig of any statement made in the argument. to make up for losses incurred due to jackpot medical liability awards,not due to their investments. Argument in Favor The current system is full of frivolous cases,costs all of us significantly,and results in the majority of the money awarded SOUTHERN OREGON DESERVES DOCTORS TOO going to the trial attorney. It is a broken system that is already Doctors and health care providers in Jackson County treat within unfair. a ten county region in southern and central Oregon.Our doctors provide critical care and high-risk services,such as delivering babies and neurosurgery,but many doctors are finding it Official 2004 General Election Voters'Pamphlet continued 641 Statewide Measures Measure 35 Arguments impossible to continue services because of rapidly raising Here at the Oregon Optometric Physicians Association we know medical insurance rates.These doctors may not be here the the value of clear vision.We can clearly see that the medical next time they are needed unless a reasonable solution to the tort system in Oregon is being abused by trial lawyers blind problem can be reached. to the impact their greed has had on the quality of health Measure 35 is a Common Sense Solution to a care in Oregon.We have watched as our friends and Growing Problem.Measure 35 will: colleagues have been forced to stop high risk procedures because the cost of malpractice • Keeps doctors practicing,ensuring patient access. insurance is so high. Don't take your physicians for granted because, • Protect the jury system and protect injured patients. like your eyesight,they are • Discourage the filing of lawsuits that lack merit. too dear to lose! • Restore a system that worked for over a decade. THE OREGON OPTOMETRIC PHYSICIANS ASSOCIATION • Allow for unlimited award for economic damages. (This information furnished by Wayne Schumacher,Executive Director, • Cap non-economic damages in medical malpractice cases Oregon Optometric Physicians Association.) at$500,000. This space purchased for$500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by Measure 35 is a reasonable solution to an escalating problem. the State of Oregon,nor does the state warrant the accuracy or truth We urge you to say YES to Oregon's doctors and say YES to of any statement made in the argument. Measure 35. Jackson County Medical Society Argument in Favor (This information furnished by Debra McFadden,Jackson County Medical Society.) Measure 35 is a Step In the right direction This space purchased for$500 in accordance with ORS 251.255. OREGON'S MEDICAL INSURANCE SYSTEM IS IN TROUBLE The printing of this argument does not constitute an endorsement by Doctor's medical malpractice insurance rates are skyrocketing the State of Oregon,nor does the state warrant the accuracy or truth and forcing many doctors to leave the state,stop actively prac- of any statement made in the argument. ticing medicine or stop providing certain high risk services.As more and more doctors are forced out,Oregon's communities Argument In Favor' face a growing health care access crisis. OUR COMMUNITIES NEED HEALTH CARE ACCESS Oregon Optometric Physicians Association Communities across Oregon are losing doctors,and that is not Supports Measure 35 good for anybody.Patients are forced to travel long distances from their homes for specialized care,and in cases of emer- There are some things we take for granted:eyesight is one of gency that travel time can sometimes make the difference them.Another is having access to a physician.Like our between life and death.This places a strain on families, busi- eyesight,we probably won't miss our doctors nesses,the economy and ultimately the entire community. until they are gone. Measure 35 will make a difference by: Don't let the current crisis become a disaster. • Allowing doctors to continue practicing in their CAN YOU SEETHE PROBLEM? communities • Between 1999 and 2003 medical liability premiums have • Ensuring that all Oregonians have access to quality, increased 75%! local health care • Limiting non-economic damages to$500,000 • Since the cap on non-economic damages was removed • Discouraging frivolous lawsuits jury awards have risen 65%while cases settled out of • Protecting every Oregonian's right to a jury trial court have increased exponentially. • Allowing juries complete discretion in awarding • Doctors are being forced out of practice:reducing • economic damages Saving taxpayers millions k dollars each year patient access to care and proving that the current • Reinstating a cap that worked in Oregon before and system is in need of reform. will work again IS IT CLEARER NOW? Measure 35 is not a silver bullet that will solve every problem The problem is coming into focus... that Oregon's health care system faces,but it is an important first step.Measure 35 is the best choice for Oregon's patients, Unfortunately,medical malpractice laws favor lawyers over communities,and health care system. both patient and physician.We can correct this by capping non-economic damages at$500,000. As the Mayors of numerous communities around the state,we urge you to do what is best for Oregon...We urge you to vote • Installing a cap on non-economic damages will allow YES ON MEASURE 351 for just compensation while protecting the medical community from frivolous and capricious lawsuits. Edward J.Gormley Jim Torrey • A cap will remove the incentive for lawyers to drive up Mayor of McMinnville Mayor of Eugene the plaintiff's claims in order to pad their own paycheck. Keith Tymchuk Lou Ogden • Caps once worked in Oregon and will work in Oregon Mayor of Reedsport Mayor of Tualatin again. Robb E.Van Cleave Oregonians deserve the best possible eye care from the Mayor of The Dalles best-trained professionals.Help keep these (This information furnished by Edward J.Gormley,Mayor of McMinnville.) professionals in practice and in state, VOTE YES ON 351 Official 2004 General Election Voters'Pamphlet continued 4 651 Statewide Measures Measure 35 Arguments This space purchased for$500 in accordance with ORS 251.255. skyrocketing insurance rates health care providers must pay. The printing of this argument does not constitute an endorsement by Without reform,these costs will just continue to increase and the State of Oregon,nor does the state warrant the accuracy or truth continue to impair the ability of Oregon's community hospitals to of any statement made in the argument. provide the best care for the lowest costs possible. Oregon's Local Community Hospitals Ask You to Argument in Favor'' Vote YES on Measure 35. We are the Chief Petitioners for Measure 35. Columbia Memorial Hospital Holy Rosary Medical Center We are Oregonians,doctors,and surgeons.We have cared for Legacy Health System our fellow citizens for years and hope to do so in the future.We Merle West Medical Center want you to know that our health care system is in jeopardy. Peace Harbor Hospital We are leaders in promoting patient safety and Providence Hood River Memorial Hospital providing excellent medical care. Providence Medford Medical Center We are all members of the Oregon Medical Association.We have Providence Milwaukie Hospital helped to create the organization's Patient Safety Committee, Providence Portland Medical Center taking the lead in the development of Oregon's model patient Providence St.Vincent Medical Center safety legislation. Providence Newberg Hospital Providence Health System We are fighting to protect your access to health care. Salem Hospital Regional Health Services Sick or injured people need access to quality,timely medical Silverton Hospital care.But rising liability insurance premiums are driving doctors St.Elizabeth Health Services out of Oregon. Tuality Healthcare Measure 35 will bring down those premiums,and maintain Mercy Medical Center access to medical care while fairly reimbursing those who are Peace Health,Oregon Region truly injured. Adventist Medical Center Good Shepherd Health Care System - Measure 35 protects the patient by promoting unlimited Asante Health System economic damages Kaiser Sunnyside Medical Center - Measure 35 restores a cap of$500,000 only on non- Ashland Community Hospital economic damages McKenzie-Willamette Medical Center - Measure 35 maintains the jury system Willamette Falls Hospital Personal injury attorneys will distort the Santiam Memorial Hospital goals of Measure 35, Willamette Valley Medical Center They have to if they want to continue to get rich off of pain and Grande Ronde Hospital suffering awards.You pay for this by losing access to your doc- Mid-Columbia Medical Center tor.So just remember this-Measure 35 returns Oregon to the Cascade Healthcare Community stable medical liability climate that we experienced from 1987- (This information furnished by Ken Rutledge,President,Oregon 1999.Nothing more and nothing less.Keep your doctor.Keep Association of Hospitals and Health Systems.) access to health care.And keep working with us to make medi- cine safer. This space purchased for$500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by Vote YES on Measure 35 the State of Oregon,nor does the state warrant the accuracy or truth Colin Cave,M.D. of any statement made in the argument. ENT-Head and Neck Surgeon,Beaverton Monica Wehby,M.D. Pediatric Neurosurgeon,Portland Peter A.Bernardo,M.D. General Surgeon,Salem (This information furnished by Colin Cave,M.D.,ENT-Head and Neck Surgeon,Beaverton.) This space purchased for$500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. Argument in Favor YOUR LOCAL COMMUNITY HOSPITAL SUPPORTS MEASURE 35 Oregon's community hospitals understand the importance of returning our state to a system that worked before.Measure 35 does just that by restoring a$500,000 cap on non-economic damages in medical insurance cases. Oregon's hospitals are facing escalating malpractice rates that cut into the revenues that,otherwise,would have been available for health care services Hospitals are also having a difficult time keeping their physicians and recruiting new ones,due to the Official 2004 General Election Voters'Pamphlet continued 4' 661 Statewide Measures Measure 35 Arguments Argument in Opposition 13,000 medical errors annually,some causing a lifetime of pain and medical problems.Of these,between 700 and 1,800 will likely result in death.It's hardly"frivolous"or"a jackpot lottery" Measure 35 when these victims or their families seek compensation for such Argument in Opposition tragedies.They're simply asking that healthcare professionals be AARP,with 456,000 Oregon members over the age of 50, treated the same as all of us and every other Oregon business— recommends a"NO"vote on Measure 35. that they accept full responsibility for the consequences of their mistakes. AARP opposes this measure because: The next life at risk may be your own.Please do what's right: • It creates unreasonable limits on damage awards for pain and suffering; VOTE NOl • It would reduce the ability of courts and juries to determine Americans Mad and Angryl damage awards free from all forms of age bias,including an Oregon non profit organization focusing on devaluation of the quality of an older person's life; patient safety,disclosure and accountability in healthcare • The courts already have the authority to decide whether a "The Other AMA" lawsuit is frivolous; • The limit on noneconomic damages is overly broad and americansmadandangrM.ora applies not only doctors but to all licensed healthcare' (This information furnished by Tom&Deandra Dallier,Americans Mad and providers and facilities including nursing homes. Angry!) Rather than arbitrary limits on damage awards,AARP supports This space purchased for$500 in accordance with ORS 251.255. reform that would promote access to the courts for all legitimate The printing of this argument does not constitute an endorsement by claims and accelerate the resolution of cases;alternative dispute the State of Oregon,nor does the state warrant the accuracy or truth resolution for medical malpractice cases that could better serve of any statement made in the argument. injured patients;and insurance reform that provides for malprac- tice insurance rates that fairly and accurately reflect claims experience.AARP also supports efforts to eliminate all Argument in Opposition preventable medical injuries and accidents due to procedural errors or inadequacy. Dear Oregon Voter, Proponents of Measure 35 have suggested that it will limit My name is Pete Sorenson,an elected Lane County frivolous lawsuits,reduce insurance premiums,and attract Commissioner.I grew up in Coos County,graduated from the physicians to rural areas.There is nothing in the language of University of Oregon,ran a private law firm,and served as an this measure that guarantees those results. elected Oregon State Senator and member of the Senate For these reasons,AARP opposes Measure 35 and urges Judiciary Committee.I've been a licensed Oregon attorney for Oregonians to vote"NO". 22 years.I have represented both injured workers and profes- sionals such as veterinarians and doctors.It is as a former (This information furnished by Gerald Cohen,State Director,AARP practicing attorney that 1 am speaking to you on this issue Oregon.) and why I oppose Constitutional Amendment 35.This meas- ure aims to prevent victims of malpractice from seeking fair This space purchased for$500 in accordance with ORS 251.255. awards. The printing of this argument does not constitute an endorsement by the State of Oregon,not does the state warrant the accuracy or truth This measure aims to reduce the amount of compensation that of any statement made in the argument. an Oregon jury can award for injuries and pain suffered as the result of doctor negligence.It doesn't prevent"frivolous law- Argument in Opposition Suits."This measure doesn't lower the cost of health care. Passing this measure will not lower insurance premiums.In fact A DECEPTIVE DIAGNOSIS studies show that states without caps on jury awards have lower premiums.To lower insurance premiums requires reform of the Our state Constitution guarantees Oregonians the fundamental insurance industry,an industry where in the first nine months of right to a civil trial by a jury of neutral,unbiased Oregon citizens. 2003 profits increased by 437%for health and life insurance On a case by case basis,juries weigh all the evidence and companies. decide the appropriate amount of damages,if any. In 2000,Oregonians voted three to one against a Constitutional Measure 35's"one size fits all"revision to our Constitution is Amendment to limit a jury's ability to decide damages.This unfair,misguided and will drastically limit the rights of every measure is just another attempt to go against the will of the citizen.Make no mistake:studios have shown that seniors, people of Oregon. women,children and those who have suffered the most severe injuries will be hurt the most by caps on non-economic The solution is not to deny people their day in court and a fair damages. award made by a jury of their peers,but to lower insurance premiums.Please join me in voting NO on Constitutional Why doesn't 35's explanatory statement mention that it will Amendment 35. "reduce medical liability insurance rates"and"improve patient access to medical care?"Because it won't!Other states have Pete Sorenson shown that just limiting injured patients'rights has had little P.S.-If you have any questions about the seriousness of this effect on either of these issues. Constitutional amendment and why I oppose it,please contact Oregon's largest medmal insurer is Northwest Physicians Mutual, me at Pete Sorenson PO Box 10836,Eugene,Oregon 97440 or which happens to be owned by its physician policyholders.Just by calling me at(541)485-6726 or by sending me email at this June they stated,"Our forecast is that our rates are at a sorenson2004@juno.com. correct level,and that in 2004 we should return to profitability." (This information furnished by Peter Sorenson.) In fact,OB/GYN rates here are lower than California,which has had caps on damages for decades!Crisis? This space purchased for$500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by In truth,the real healthcare crisis is a hidden epidemic of the State of Oregon,nor does the state warrant the accuracy or truth preventable medical mistakes.Oregonians suffer from 10,000 to of any statement made in the argument. Official 2004 General Election Voters'Pamphlet continued 4' 67 1 Statewide Measures Measure 35 Arguments Argument in Opposition When I took office as Governor,one of my major concerns was pp how to provide Oregonians with access to doctors in rural Oregon.I was particularly concerned that women in rural Oregon Protect Patients—Not Insurance Company Profits were losing access to obstetrical care.With broad bi-partisan Vote NO on Constitutional Amendment 35 support in the 2003 legislature,we passed House Bill 3630, Public Citizen is a 160,000-member non-partisan organization which established a program to provide medical malpractice with 35 years experience fighting for patients'rights and quality insurance relief to rural doctors. medical care,and against health care and insurance company Through this program,SAIF—our state-owned workers' profiteering. compensation insurance company—is providing low-cost Insurance companies and HMOs will always work to boost their malpractice insurance to rural doctors,thereby making sure bottom line and to maximize insurance profits.But that doesn't that rural Oregonians have access to health care. mean patients should have to pay the price by limiting their right We now provide low-cost malpractice insurance to over 1,000 to hold doctors,HMOs and hospitals accountable for careless- doctors who practice in rural Oregon. ness or negligence. Our new program has cut the malpractice insurance rates for Wrong Approach for Oregon Consumers obstetricians by 80 percent.Family practitioners who provide The"remedy"proposed by the insurance industry is to put a obstetric services have seen malpractice insurance rates cut by $500,000 limit on so-called non-economic damages,no matter 60 percent,and malpractice insurance rates for all other types of how severe the case.That's bad medicine.Such a limit would rural doctors have been cut by 40 percent. only restrict patients whose quality of life has been dramati- We don't need to amend the Oregon Constitution to solve this cally affected—those suffering from severe brain damage, problem by damaging our system of jury trials. Let's preserve paralysis,blindness or loss of a limb.These are the patients who our ability to create flexible solutions to the ever-changing world need the most protection—not the least! of health care costs. The sponsors of Constitutional Amendment 35 claim it's needed I urge you to vote NO on Measure 35. to prevent doctors from leaving Oregon or retiring.But state records show that the number of active Oregon doctors rose 12 Theodore R. Kulongoski percent from 2000 to 2004,the same rate of increase as from Governor 1995 to 1999,before insurance companies claim the"crisis" (This information furnished by Theodore R.Kulongoski.) began.Doctors in rural Oregon also increased 12 percent from 2000 to 2004.And key medical specialists,such as those This space purchased for$500 in accordance with ORS 251.255. practicing OB/GYN,emergency medicine and general surgery, The printing of this argument does not constitute an endorsement by increased at a faster rate from 2000 to 2004 than from 1995 to the State of Oregon,nor does the state warrant the accuracy or truth 1999,state records show. of any statement made in the argument. The real"crisis"in Oregon is the considerable amount of med- ical malpractice that is committed by a small number of doctors, Argument in Opposition many of whom go undisciplined.It would be a huge mistake to restrict patients'jury rights and make it more difficult to hold Family Doctor Warns Oregonians: doctors,hospitals and insurance companies fully accountable for serious injuries. Constitutional Amendment 35: The wrong prescription for a misdiagnosed problem. Public Citizen Urges a NO vote on Amendment 35 As a family physician,my mission is to care for my patients,not Sincerely, limit their rights.And as a veteran who has fought for my Joan Claybrook Frank Clemente country, I am deeply opposed to any effort to limit our freedom President, Public Citizen Director,Public Citizen and Constitutional rights. That's why I'm prying my patients to vote No on Amendment 35. (This information furnished by Joan Claybrook,President,Public Citizen; It's too drastic and goes too far. Frank Clemente,Director Public Citizen's Congress Watch.) This space purchased for$500 in accordance with ORS 251.255. The vast majority of my colleagues are excellent physicians.I The printing of this argument does not constitute an endorsement by would trust them with my life.But there are a small handful of the State of Oregon,nor does the state warrant the accuracy or truth bad practitioners out there-five percent according to the of any statement made in the argument. National Practitioner's Database-who create 55%of all cases of terrible negligence and error.And this amendment does nothing to improve the safety of our patients or crackdown Argument in Opposition on negligent physicians creating problems for the rest of us. Even making physicians use a computer to write down prescrip- GOVERNOR KULONGOSKI SAYS tions could save a lot of lives. "VOTE NO"ON MEASURE 35. I've been an active member of the Oregon Medical Association WE DON'T NEED TO AMEND THE OREGON CONSTITUTION. since 1976,and would like nothing more than to see premiums I urge Oregonians to"Vote No"on Measure 35. go down.But Constitutional Amendment 35 attacks the victims of bad medicine,instead of an out-of-control You'll hear from the proponents of Measure 35 that high medical insurance industry that continues to hike rates for everyone. malpractice insurance costs are driving doctors out of Oregon. Instead of targeting patients,we should make insurance They argue that doctors in rural Oregon cannot afford the high companies open their books and shed light on ever increasing cost of malpractice insurance and must either quit their practice rate hikes. or move somewhere else.The proponents of Measure 35 claim that the only way to resolve this issue is to amend a provision of Don't be fooled by the insurance and pharmaceutical the Oregon Constitution that has been in effect since 1859, companies'slick ad campaign.This amendment would limit when Oregon became a state. patients' rights and do nothing to control health care costs.And Constitutional Amendment 35 asks Oregonians to give up a We can solve this problem without amending the Oregon basic,fundamental right.Once you lose that right,it won't be Constitution—and we've already made a great start. easy to ever get it back.So exercise another right: Official 2004 General Election Voters'Pamphlet continued 4 681 Statewide Measures Measure 35 Arguments VOTE NO ON CONSTITUTIONAL AMENDMENT 35 • Constitutional Amendment 35 won't improve access to health care. (this information furnished by Dr.Thomas Saddoris.) . Constitutional Amendment 35 won't lower the price of pre- This space purchased for$500 in accordance with ORS 251.255. scription drugs. The printing of this argument does not constitute an endorsement by • Constitutional Amendment 35 won't control health insurance the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. costs for providers or patients. Firefighters are constantly reminded of what happens when Argument in Opposition things go terribly wrong.We know from experience what it is like for families to lose everything,to lose loved ones,to lose their MOM WHOSE SON SURVIVES MEDICAL MALPRACTICE quality of life.We want Oregonians to know that Constitutional URGES"NO"VOTE ON 35 Amendment 35 will hurt Oregonians by taking away their rights to pursue justice when faced with losses caused by severe My name is Kathy Brooks and I want to urge Oregonians to medical negligence. consider how this Constitutional Amendment would hurt real Instead of limiting our basic rights,we should first look at people like my son,Jerry. real solutions: I personally experienced the trauma of medical negligence while Let's reform the insurance industry and shed more light on giving birth to my son.Jerry's 7-years-old and he's a beautiful, how they set rates.A good place to start is to require blond-haired,blue-eyed boy.But he's also a quadriplegic insurance companies to go through public hearings before because of a health provider's negligence.Jerry's unable to sit, rates can be increased. stand,crawl,or even raise his head. He can't speak.He'll never even say"Mommy." We should do more to give patients and families better information about whether their health care provider has a When I went to the hospital to deliver him in August of 1997,I history of negligence. asked for a Caesarian,but my doctor said she didn't believe in it for the comfort of the mother.She said I had to"buck up"and Firefighters are the first line of defense when protecting Oregon go through labor. families from tragedy.The right to pursue justice is a protection was kept in labor over 48 hours. Oregonians should never vote away. I found out later there were clear signs my baby was in distress. Oregon Fire Fighters urge Oregonians to protect our rights and My baby had been suffocating in the womb.Emergency proce- vote No on Constitutional Amendment 35. dures saved his life.But I was told he would never speak or Bob Livingston move,and that he probably would not live to the age of 2. Oregon State Fire Fighters Council My husband and I hired an attorney because it was the only way (This information furnished by Bob Livingston,Oregon State Fire Fighters to find out what really happened. Until we pursued this in court, Council.) we were given the same insurance company run-around. This space purchased for$500 in accordance with ORS 251.255. Jerry will require a lifetime of care,and it will be hard.The The printing of this argument does not constitute an endorsement by insurance company"experts"suggested we only deserved the State of Oregon,nor does the state warrant the accuracy or truth money to cover Jerry's two years of projected life.Today he's of any statement made in the argument. seven,and while I can't disclose the terms of the settlement,I can tell you that we would have never been able to get adequate compensation to pay the bills if this amendment was in effect. Argument in Opposition Don't give your rights away.Please join me and vote"No"on 35. An Imoortant Message from United Seniors of Oregon Grav Kathy Brooks,mom Panthers Association of Retired Citizens and the Oregon Alliance of Retired Americans: (This information furnished by Kathy Brooks.) CONSTITUTIONAL AMENDMENT 35 This space purchased for$500 in accordance with ORS 251.255. UNFAIRLY TARGETS OREGON'S SENIORS The printing of this argument does not constitute an endorsement by We should always be very careful before we allow anyone to the State of Oregon,nor does the state warrant the accuracy or truth take away a basic constitutional right.In the case of of any statement made in the argument. Constitutional Amendment 35,seniors should be especially concerned. Argument in apposition That is because Constitutional Amendment 35 OREGON FIRE FIGHTERS: umfairlythre—tens Oregon seniors. CONSTITUTIONAL AMENDMENT 35 WILL HURT Medical mistakes are a genuine problem—between 700 and OREGONIANS 1,800 people die from them every year in Oregon,according to Fire ht r e a NO Vote on the Patient Safety Commission.Many more suffer injuries that Fig change their life forever. Constitutional Amendment 351 Constitutional Amendment 35,bankrolled by the pharma- Oregon's firefighters are on the front lines of our communities ceutical and insurance industries,would put a tight limit on every day.It is our mission to protect the public's health and what a victim could receive in what are called"non-economic" safety. damages. We take our mission seriously and we want Oregonians to know Seniors are the most cruelly targeted by this limit.Non-economic that Constitutional Amendment 35 won't do anything to damages are often the only way that older people who do not make Oregonians safer. earn big paychecks can receive adequate compensation for their • Constitutional Amendment 35 won't fix the problem of injury. medical negligence. Why?Because loss of future income is used to calculate Official 2004 General Election Voters'Pamphlet! continued->; 691 Statewide Measures Measure 35 Arguments "economic"damages.If you are older.it is assumed that you Medical Errors Kill Up to 195,000 Patients a Year have little or no future earning power. A new study by Healthgrades,a leading health care quality The bottom line for seniors: rating firm,finds that up to 198,000 people are killed annually The effect of Constitutional Amendment 35 is to say if you from preventable medical error.That means between 700 and are a victim of medical malpractice,and you are older, 1,800 patients in Oregon die each year from negligence. you just aren't worth as much. Amendment 35 does not even address this problem. What could be more unfair than that? Source:www.healthgrades.com The other cruel irony of this limit of one of our constitutional ONCE YOU CHECK THE FACTS,YOU WILL VOTE NO ON rights is: CONSTITUTIONAL AMENDMENT 35. • It will do nothing to lower the cost of prescription drugs. (This information furnished by John R.Wish,Ph.D.) • It will do nothing to reduce medical errors or insurance This space purchased for$500 in accordance with ORS 251.255. rates. The printing of this argument does not constitute an endorsement by • It will actually reduce accountability for those who practice the State of Oregon,nor does the state warrant the accuracy or truth negligent or reckless medicine. of any statement made in the argument. It is clear why the insurance and drug companies are bankrolling this measure. Argument in Opposition It is even clearer why Oregon's seniors should firmly reject it. An important message from Erin Brockovich VOTE NO ON CONSTITUTIONAL AMENDMENT 35 Unfair to Seniors.Wrong for Oregon. Don't give your rights away to the insurance lobby. Vote NO on Constitutional Amendment 35 (This information furnished by Michael Arken,President Oregon Alliance Four years ago,I wrote to you urging you not to let the inSUr- for Retired Americans,James(Jim)Davis,Oregon Association for Retired Citizens,Portland Gray Panthers,United Seniors of Oregon.) ance industry take away your right to ask a jury for justice when This space purchased for$500 in accordance with ORS 251.255. you have been injured.Well,they are at it again. The printing of this argument does not constitute an endorsement by I know something about what happens to real people when they the State of Oregon,nor does the state warrant the accuracy or truth have to go up against insurance companies and other powerful of any statement made in the argument. groups.You may remember the movie about my work on behalf of people whose community was recklessly poisoned.The Argument in Opposition constitutional right to a trial by jury was the only reason they were able to qet justice. An important message from John Wish,Economic Professor. Now,Constitutional Amendment 35 would limit your rights if you have been injured by a reckless or negligent medical mistake. READ THE DATA And it is designed to put health care profits ahead of the health REJECT CONSTITUTIONAL AMENDMENT 35 and safety of Oregon families. Here in Oregon,we've seen a lot of attempts to amend our Who would benefit?An out of control insurance industry. Constitution.We've learned we've got to be smart about them and examine the facts beyond the claims of sponsors. Insurance rates aren't just high for doctors—they are high for all of us.And there are far more reasonable solutions to the As voters contemplate this Constitutional Amendment,I would problem than limiting our right to a trial by jury. stress to them what I've worked hard to teach my students:the importance of independent research and review. • How about making insurance companies go through a public hearing process before they can raise their rates? For Constitutional Amendment 35,the data are clear:limiting jury awards do not control insurance premiums for providers or • How about giving the public more information about patients. doctors who have a bad record?According to the National Practitioners'Database,less than 5%of doctors in the U.S. Jury Limits Don't Provide Rate Relief are responsible for 55%of medical malpractice payouts. According to the leading insurance industry analysis firm Weiss Yet you can find out more about a contractor working on Ratings,for the nineteen states that have enacted jury limits, your house than you can about a doctor who is treating you premiums rose 48.2 percent over the 11 year period from 1991 or your loved ones. to 2002.This increase was at a higher rate than states without The terrible injuries caused by negligent medical errors can jury limits. tragically change a life forever.Hopefully,it will never happen to Source:www.weissratings.com you,or someone you love.But it could.Don't limit our greatest Doctors Are Not Fleeing Oregon protection-the right to trial by jury. According to a new study by the nonpartisan Public Citizen, Sincerely, physicians are not fleeing Oregon.Government data from the Erin Brockovich Oregon Office of Rural Health show the total number of doctors has increased from 2000 to 2004,active rural doctors have (This information furnished by Erin Brockovich.) increased,and specialists in rural Oregon have increased. This space purchased for$500 in accordance with ORS 251.255. Source:www.citizen.org The printing of this argument does not constitute an endorsement by Malpractice Limits Won't Lower Health Costs the State of Oregon,nor does the state warrant the accuracy or truth There is no statistically significant difference in per capita health ofany statement made in the argument. care spending between states with and without malpractice caps,according to the Congressional Budget Office.The study finds"even large savings in premiums can have only a small direct impact on health care spending." Source:www.cbo.gov Official 2004;General Election Voters'Pamphlet continued 4 701 Statewide Measures Measure 35 Arguments Argument In Opposition • Works to make sure that rural Oregonians have access to g pp quality health care from Pendleton to Reedsport. • Created the Patient Safety Commission,who's mission it is Victim who had penis mistakenly removed urges"NO"vote: to improve medical care and prevent the estimated 700 to This may be a difficult for you to read. 1,800 deaths in Oregon each year from preventable mis- It is certainly difficult for me to tell. takes and other"adverse events." If you think that Constitutional Amendment 35 can't hurt you,or But Constitutional Amendment 35 would hurt Oregonians someone you love,please think again. instead of giving this program time to work.It's too drastic and it's too early.Constitutional Amendment 35 would: My name is Hurshall Rails.A few years ago,I was diagnosed . Weaken the power of juries to hold HMOs,insurance with cancer of the bladder and prostate.When I went into sur- gery,they went over different things that might happen.But . Do nothing to fix the very real problem s. medical when I woke up afterwards. I found out that the doctor decided negligence. to do something he never talked about to me or my wife. During the surgery,this doctor made a visual inspection,and There are better solutions to the problem of medical negligence decided that the cancer had spread to my penis.So he and the high insurance rates that are going up for all of us. removed it.He was wrong.There was no cancer.He didn't But Constitutional Amendment 35 is the wrong approach for even test it. Oregon health providers and patients.Instead,let's give our It was devastating-to both me and my wife.I considered sui bipartisan approach time to deliver results.And let's not let cide.My life will never be the same.The only thing that kept me special interests take away one of most basic,fundamental going was that I could get justice from a jupr.and that the doctor rights. who did this terrible thing could be held fully accountable. Vote no on Constitutional Amendment 35. But under Amendment 35,you will lose that accountability. (This information furnished by Representative Bob Jenson.) The loss of my penis,the damage it has caused me,my wife and our life together is all considered"non-economic." This space purchased for$500 in accordance with ORS 251.255. Sometimes even$500,000 for ruining a person's life is just The printing of this argument does not constitute an endorsement by not enough. the State of Oregon,nor does the state warrant the accuracy or truth What makes me most upset about Amendment 35 is that it con- of any statement made in the argument siders me the problem,instead of the practitioner of dangerous medicine, Believe me,I'm not the only case like this. Argument. in, Opposition I know that most doctors are good.Laws and rights aren't there OSPIRG and OREGON CONSUMER LEAGUE to protect us from good people,but bad ones.And if Urge a"No"vote on this constitutional amendment Amendment 35 passes,a lot of that protection will disappear. Please,learn from what happened to me.Don't let the As Oregon's leading consumer rights groups,we believe that insurance and pharmaceutical industries blame victims,just the solution of high insurance rates shouldn't be to increase the profits of the insurance industry and huge pharmaceutical to increase their profits.And never,never give up your constitutional rights. corporations. VOTE NO ON CONSTITUTIONAL AMENDMENT 35 And we don't think that the solution to medical negligence should be to take away the rights of the injured victims. (This information furnished by Hurshall Rails.) These are what Constitutional Amendment 35 does.And it's This space purchased for$500 in accordance with ORS 251.255. Oregon consumers that will pay the price. The printing of this argument does not constitute an endorsement by Constitutional Amendment 35•the wrong approach the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. WILL NOT lower insurance rates.It hasn't in the other states that have taken these rights away from victims. Argument In Opptsition • It WILL make insurance companies and HMOs less accountable,simply increase their control over your An important message from Republican Legislator Rep.Bob healthcare and their profits. Jenson: WILL NOT protect patient rights or patient safety. Let Oregon's New Bipartisan Reform Work.Vote NO on 35. • It WILL prevent Oregon consumers from obtaining just Last Legislative session,a bi-partisan group of legislators got compensation for injuries caused by"reckless or together to work for meaningful solutions to address rural med- negligent"health care providers.Read the Amendment: ical malpractice rates.By working together,we enacted reforms that's actually what it says. that lower rural doctor's premiums without taking away the rights There are better solutions: of victims of grievous medical error and negligence. Open the insurance industry to the public This new innovative program just started a few months ago and holds great promise.Let's give our homegrown We need real insurance reform,such as a public hearing common-sense reform a chance to work. process to prevent rate gouging. Our bi-partisan approach under House Bill 3630: Instead of punishing victims,accountability for negligent or reckless medicine. • Reduces rural malpractice insurance premiums by as much as 80%. • According to the National Practitioner Database,only 5%of • Provides millions in malpractice insurance relief over the physicians create 55%of all medical malpractice cases. next four years. Constitutional Amendment 35 actually reduces • Is already helping the vast majority or rural doctors,with accountability! over 1,000 enrolled since January. Official 2004.General Election Voters'Pamphlet continued 71 1 Statewide Measures Measure 35 Arguments Better Patient information Argument in Apposition • It's easier to learn about the contractor doing repairs to your kitchen than it is to find out about the background of Health Care Coalition Opposes Drug and Insurance Industry the surgeon about to operate on you. Campaign to Weaken Patients'Rights We urge you to vote"No"on this Oregonians for Health Security strongly opposes Constitutional unnecessary and dangerous change to the Constitution. Amendment 35.Our coalition of consumer groups,health Maureen Kirk,OSPIRG organizations,caregivers,seniors and small business owners are Jason Reynolds,Oregon Consumer League working on three main objectives:controlling health care costs, lowering prescription drug prices,and winning coverage (This information furnished by Maureen Kirk,Oregon State Public Interest Oregonians can count on.This amendment fails to address any Research Group,Jason Reynolds,Oregon Consumer League.) of these critical challenges. This space purchased for$500 in accordance with ORS 251.255. Oregonians deserve quality,affordable,and reliable health The printing of this argument does not constitute an endorsement by care.But Constitutional Amendment 35 is not the solution- the State of Oregon,nor does the state warrant the accuracy or truth it will only let pharmaceutical and insurance companies continue of any statement made in the argument. to make millions in profits while 511,000 Oregonians remain uninsured. Argument in',Opposition Who's bankrolling Constitutional Amendment 357 • AFT Oregon and the President of Pharmaceutical Companies Insurance Companies It's Health Care Affiliate,local 5017 HMOs Urges Oregon Federation of Nurses and Health Professionals • Urges a NO Vote on Constitutional Amendment 35 Those who already have too much control Protect Patients.Not the Insurance Industry over our health care. Nurses and health care professionals work on the frontlines of Read the ballot title:Measure 35 limits the rights of patients who medicine every day.It's not just a job to us:there is nothing suffer"injuries caused by healthcare provider's negligence and more important than the health,safety and well-being of our recklessness." patients.We also respect and value the good doctors that we Instead of limiting our rights,we should do more to lower the work with. cost of health care.Improving patient safety and reforming the We believe that high insurance rates are a problem for patients insurance are reasonable places to start. and doctors.But Constitutional Amendment 35 will do • Provide better information to patients:Oregonians nothing to control insurance rates. deserve transparency around the true cost of health care, The evidence for this is clear:states that have established limits from hospital charges to insurance premium increases. on what a person can receive as compensation for their injuries • Shedding more light on insurance companies by holding have not seen reductions in insurance rates for anyone.All these • hearings on any rate increases. limits do is increase the bottom line for insurance companies Lower the cost of prescription drugs by expanding and hurt our patients. Oregon's Prescription Drug Pool to include all businesses and the 780,000 Oregonians without prescription drug We need insurance reform.There are many things we can do to coverage. improve patient care and reduce insurance rates.But taking The high cost of health care is crippling our economy.Instead away the rights of people who are the victims of tragic circum- of limiting our rights,patients,providers, business,and govern- stances isn't one of them, ment should work together to bring down the cost of health One of the most basic credos of medicine is"First,do no harm." care.We need real reform,not insurance and pharmaceutical Constitutional Amendment 35 will harm the people we have company attacks on our rights. promised to help. PLEASE VOTE NO ON CONSTITUTIONAL AMENDMENT 351 For the sake of our patients and the good doctors we work with: (This information furnished by Maribeth Healey,Oregonians for Health PLEASE VOTE NO ON CONSTITUTIONAL AMENDMENT 35. Security.) Kathleen Geroux,RN This space purchased for$500 in accordance with ORS 251.255. President,Oregon Federation of Nurses and Health The printing of this argument does not constitute an endorsement by Professionals Local 5017 the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. Richard Schwarz, Executive Director,American Federation of Teachers- Oregon Argument 111 Opposition (This information furnished by Kathy Geroux,President,Oregon OREGON AFL-CIO: Federation of Nurses and Health Professionals;Richard Schwarz, MEASURE 35 WON'T REDUCE HEALTH COSTS American Federation of Teachers-Oregon.) UNFAIRLY PENALIZES VICTIMS This space purchased for$500 in accordance with ORS 251.255. Constitutional Amendment 35 will do nothing to lower the The printing of this argument does not constitute an endorsement by cost of health care in Oregon. the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. Constitutional Amendment 35 will not fix the problem of soaring health insurance costs.And,studies show that limiting compen- sation to victims will do nothing to reduce health insurance premiums. For our analysis of the impacts of this measure,go to www.oraficio.org. Official 2004 General Election Voters'Pamphlet continued 4 72 1 Statewide Measures Measure 35 Arguments We don't need to change our justice system;we need to But even$500,000 for forever affecting a family's quality of life deal with doctors who have a history of malpractice. sometimes just isn't enough. We need open public databases that make it easier to identify But this isn't about money.Amendment 35 will take away the the small percentage of doctors who are responsible for the only accountability that will force insurance companies-and majority of malpractice cases. Right now it's easier to see how yes,the medical profession-to do what it takes to stop the many mistakes a building contractor has on his record than to kind of reckless and negligent behavior that destroyed my son's find out which doctors have a history of negligence. life. There are other reasonable solutions that should be tried to It is too late for Michael.But it's not too late for others.The before we limit our constitutional right to justice from a jury. power is in your hands. Insurance companies should be forced to disclose how they set VOTE NO ON CONSTITUTIONAL AMENDMENT 35 their rates and how little their profits are affected by malpractice cases.We should require insurance companies to go through a (This information furnished by Theresa Booth) public hearing process and get approval from the Insurance This space purchased for$500 in accordance with ORS 251.255. Commissioner before they hike rates. The printing of this argument does not constitute an endorsement by Constitutional Amendment 35 is backed by the pharma- the State of Oregon,nor does the state warrant the accuracy or truth ceutical and insurance industries to boost their profits and of any statement made in the argument make it more difficult for working Oregonians to hold them accountable. Argument in Opposition Insurance and drug companies already have too much control over our healthcare.Now they're trying to gain more control at The Brain Injury Association of Oregon Opposes our expense.They want to make it harder for the victims of Constitutional Amendment 35: medical malpractice to pursue justice and seek compensation The Brain Injury Association represents Oregonians who have for their losses. suffered a traumatic brain injury and their families. Don't let insurance and pharmaceutical companies take Our members strongly oppose this constitutional amendment away the right of working families to have their day in court. because it asks us to give up our rights in exchange for vague We recommend a No vote on Constitutional Amendment 35. promises about future cost reduction. Tim Nesbitt Brad Witt Jury Limits Hurt Victims President, Secretary/Treasurer, The lifetime cost of care for a survivor of a severe brain injury Oregon AFL-CIO Oregon AFL-CIO can easily exceed$5 million.And this does not include lost (This information furnished by Tim Nesbitt,President,Oregon AFL-CIO) earnings of the survivor or the value of the time and foregone This space purchased for$500 in accordance with ORS 251255. earnings of family members who care for a person with brain injury.Nor does it take into account the devastation that severe The printing of this argument does not constitute an endorsement by brain injuU cases bring to a family's quality of life. the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. Put yourself in the victim's place. If your life had been cata- strophically changed by the action of a health care provider who is negligent or reckless,how would you feel about a"one size Argument in Opposition fits all"limit on damages?This is what this constitutional amendment would permit. Pendleton mom asks: Trust Juries Not Insurance Companies Before voting on Constitutional Amendment 35,please read my story. Too often,survivors of a brain injury need to recover damages Because this could happen to your family. through our civil justice system in order to pay for rehabilitation and long-term care.All these people ask is that their case be My name is Theresa Booth,and I live in Pendleton,Oregon.I judged fairly,based on evidence and facts.All they ask is that a remember the day I found out I was pregnant-I was so excited jury sort out the critical decisions for care.These decisions and happy. I wanted to make sure I did everything right:I took should not be left to insurance companies and HMOs. all the tests,went to the doctor and did what he instructed. The Brain Injury Association of Oregon believes judges and The tests showed that my baby was due in December.But the juries are much better equipped than private insurance compa- doctor mistakenly set the due date two months ahead of nies to render justice. schedule.Later we learned the signs were everywhere that he Let's leave our constitution alone.Vote no on constitutional had made a terrible mistake,and the doctor repeatedly ignored amendment 35 and protect Oregon's Bill of Rights. all of them. I didn't go into labor,so he scheduled a C-section. An ultra-sound was done which showed that my baby was Kristi Schaefer RN nowhere near full-term,but he performed the surgery anyway. Past President,Brain Injury Association of Oregon Because Michael was born two months early he has profound birth defects.His lungs weren't fully formed.He has cerebral (this information furnished by Kristi Schaefer,RN,Past President,Brain Injury Association of Oregon.) palsy.He has undergone multiple surgeries. He will never be able to care for himself. This space purchased for$500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by Constitutional Amendment 35 is very simple.It is a measure the State of Oregon,nor does the state warrant the accuracy or truth that would protect the doctor who did this,instead of of any statement made in the argument. protecting Michael. The insurance and pharmaceutical companies behind this measure will tell you,"Oh,don't worry about them.$500,000 is plenty to take care of Michael's pain."I'm glad it is so easy for them to put a price on a lifetime of suffering. Official 2004 General Election Voters'Pamphlet continued 4 73 1 Statewide Measures Measure 35 Arguments Argument ilt'Opposition Linda McDougal was diagnosed with breast cancer when pp none existed. Because the hospital switched her tests with another patient's,Linda had both breasts removed An Important Message from Former Supreme Court Justice unnecessarily. BeM Roberts: Sometimes even$500,000 for ruining a person's life is just Protect Case-by-Case Justice. not enough. Vote NO on Constitutional Amendment 35 By arbitrarily limiting"non-economic"damages-or"quality of Our Constitution states,"In all civil cases the right of Trial by life"money-this measure unfairly hits those like stay-at-home Jury shall remain inviolate." moms,who might not earn big paychecks,but still contribute to When our nation was founded,the right to jury trial was society. considered fundamental to American liberty.The Bill of Rights Being injured unnecessarily is hard enough.Being told you guarantees that Congress cannot interfere with the common law just aren't worth as much is just not fair. right to jury trial.The Oregon legislature cannot interfere with that right.But this Amendment to our Constitution would limit Constitutional Amendment 35 is the wrong solution and would that basic,fundamental right. do nothing to improve our safety or address the very real problem of medical malpractice. When Oregonians serve on juries,we decide disputes based on Insurance Companies already have too much power over the specific facts of each case. In my experience on the Oregon Supreme Court,Oregon juries take their job seriously.Oregon our health;please vote no on Constitutional Amendment 35 juries act generally with fairness and common sense.But and protect our health and our access to justice. Constitutional Amendment 35 seeks to take power away Governor Barbara Roberts from juries;that's a radical break from Oregon's heritage and tradition. Laura Bridges This Constitutional Amendment would undermine Oregonian's Chair,NARAL Pro-Choice Oregon long-standing traditions of justice and individual responsibility by (This information furnished by Governor Barbara Roberts,Laura Bridges, setting arbitrary,pre-determined limits designed not for fairness, Pmsident NARAL Pro-Choice Oregon.) but to protect medical industry profits. This space purchased for$500 in accordance with ORS 251.255. Who should we trust with justice: independent Oregonians The printing of this argument does not constitute an endorsement by serving on juries,or a few negligent health providers who the State of Oregon,nor does the state warrant the accuracy or truth would limit their own responsibility and put profits ahead of of any statement made in the argument. the health and safety of Oregon patients?There is no need to change Oregon's Constitution in such a drastic manner. Argument in Opposition We need to protect case-by-case justice. Please vote"No"on Constitutional Amendment 35. Health Care Industry Lobbyists Admit: Jury Limits Won't Lower Insurance Premiums (This information furnished by Former Supreme Court Justice Betty Some campaigns will promise just about anything to change our Roberts) Constitution.The insurance and drug companies behind this This space purchased for$500 in accordance with ORS 251.255. amendment are no exception. The printing of this argument does not constitute an endorsement by But when proponents go"on the record,"the story becomes the State of Oregon,nor does the state warrant the accuracy or truth clearer.But don't take our word for it,hear what jury limits of any statement made in the argument. advocates say themselves: Argument t ill!O Opposition "We wouldn't tell you or anyone that the reason to pass g pp tort reform would be to reduce insurance rates." CONSTITUTIONAL AMENDMENT 35: -Sherman Joyce,American Tort Reform Association, UNFAIR TO OREGON WOMEN AND FAMILIES President.Liability Week,July 19, 1999. The cost of healthcare and prescription drugs have sky- "I don't think we would argue that the premiums are rocketed in Oregon,but Constitutional Amendment 35 will likely to go down.We believe it will have the effect of do nothing to lower the cost of health care. reducing the increases in the future.And one of the reasons the premiums won't go down is that even if noneconomic So why would the big drug companies,HMOs,and insurance damages are capped,the losses for economic loss,medical companies spend hundreds of thousands of dollars to pass expenses,for example,are still in this current environment Constitutional Amendment 35 in Oregon? escalating at,medical inflation is running in the double Constitutional Amendment 35 protects the profits of health care digits.I forget exactly what it was last year.So even if you providers.And Amendment 35 limits the ability for working were to cap noneconomic damages,the economic women and stay-at-home moms to hold health care providers damages will still cause acceleration in the premiums. accountable for their mistakes. So it would not go down,I want to clarify if I misspoke and said I thought the premiums would go down." It's unfair to let insurance and drug companies predetermine a compensation limit to victims who've been terribly injured -Cliff Webster, representing the Washington State Medical without knowing the specific facts of an individual case. Association&Chairman of the Washington Liability Reform Coalition,testifying before the Washington State Legislature, What medical negligence means to women: House Judiciary Committee,Feb.21,2003. • Theresa Booth of Pendleton had her pregnancy due date "[M]any tort reform advocates do not contend that mistakenly set two month ahead of schedule.Theresa was restricting litigation will lower insurance rates,and I've given an emergency C-section,and her child was born with never said that in 30 years." profound birth defects,cerebral palsy,and will require a lifetime of care. -Victor Schwartz,General Counsel of the American Tort Reform Association,as quoted in"Tort Reforms Don't Cut Official 2004 General Election Voters'Pamphlet continued 4 741 Statewide Measures Measure 35 Arguments Liability Rates,Study Says,"published in Business Insurance, providers and patients without amending our Oregon July 19,1999. Constitution to limit Oregonians'right to a jury trial in cases of medical negligence.Constitutional Amendment 35 would make (This information furnished by Charlie Burr,Coalition for Real Insurance it more difficult for Oregonians to have our day in court and Reform.) would limit Oregonians'right to case-by-case justice. This space purchased for$500 in accordance with ORS 251.255. Our jury system works.Oregonians are fundamentally fair people The printing of this argument does not constitute an endorsement by and can be trusted with the decisions we ask them to make as the State of Oregon,nor does the state warrant the accuracy or truth jurors.And Oregonians harmed by negligence,whatever its of any statement made in the argument. source,should always have complete and open access to our justice system.Each case should be decided on its individual Argument in,OppoSitioln merits by an impartial jury,not by an arbitrary, pre-determined limit. CENTER FOR JUSTICE AND DEMOCRACY: When our nation was founded,the right to jury trial was Pick common sense over false promises of savings considered fundamental to American liberty. from Insurance Industry Thomas Jefferson once wrote,"The wisdom of our sages Laws that restrict the rights of injured consumers to go to and the blood of our heroes has been devoted to the court do not produce lower insurance costs or rates,and attainment of trial by jury." insurance companies that claim they do are severely misleading the public. And the founding fathers were deeply suspicious of efforts to take away this basic,fundamental right. The insurance industry claims that enactment of Constitutional Amendment 35 will cause insurance rates to stabilize and even "Trial by jury is the best appendage of freedom.Guard with fall. jealous attention the public liberty.Suspect anyone who approaches that jewel."-Patrick Henry, 1788 So the question is,have insurance rates dropped in states that have enacted"tort reforms?"Does enactment of"tort reform" Once we vote away that"appendage of freedom"even in part,it lead to lower insurance rates? will be hard to restore it. The answer is unequivocally no,according to a report released We should protect our right to a complete,impartial jury trial. by our organization,Premium Deceit--the Failure of"Tort Please join me in voting no on Constitutional Amendment 35. Reform"to Cut Insurance Prices. —Attorney General Hardy Myers The study finds without question that laws that restrict (This information furnished by Attorney General Hardy Myers.) injured consumers'rights to go to court have failed to cut insurance costs or rates. This space purchased for$500 in accordance with ORS 251.255. The report found,"Despite years of claims by insurance compa- The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth Ties that rates would go down following enactment of tort reform,we found that tort law limits enacted since the mid- of any statement made in the argument. 1980s have not lowered insurance rates in the ensuing years.States with little or no tort law restrictions have experi- Argument in Opposition enced approximately the same changes in insurance rates as those states that have enacted severe restrictions on victims' No on Measure 35 rights." Insurance companies and HMOs already have too much In our history,there has probably never been anything like the power and influence over the medical care we receive.But current corporate assault on our civil jury system.Over the last now they want mare. 20 years,the nation's largest businesses have been advancing a legislative agenda to limit their liability for causing injuries.Now Read the ballot title:Measure 35 denies rights to those who they are out to change Oregon's Constitution at the expense of suffer"patient injuries caused by healthcare provider's negli- your Bill of Rights. gence and recklessness." Vote NO on Constitutional Amendment 35. Health care costs are out of control.But lawsuits filed by patients injured due to negligence and recklessness contribute Joanne Doroshow only 1/3 of 1%to overall health care costs. Executive Director,Center for Justice and Democracy Co-Author,Premium Deceit We need to get health care costs under control.Vote NO on 35. (This information furnished by Joanne Doroshow,Center for Justice and SEIU:Leading the fight Democracy.) For lower health care costs This space purchased for$500 in accordance with ORS 251.255. For Oregon workers and taxpayers. The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth SEIU helped lead the fight to establish a prescription drug of any statement made in the argument. purchasing pool for Oregon.The pool needs to be broadened. Our representatives on the Public Employees'Benefit Board Argument in Opposition have helped to keep state worker health care costs below the state average. Oregon's Attorney General Urges Voters to Our in-home caregivers care for the elderly and disabled in Protect Our Constitutional Jury Rights their own homes.This care saves taxpayers'dollars and allows As your Attorney General,I have worked hard to protect Oregon Oregon seniors to live independently at home with dignity consumers from anti-competitive and deceptive conduct and to Our nursing home workers successfully lobbied for more fed- ensure access for all to civil justice. eral funding for long-term care so that the medically frail would I believe we can work for a sound health care system for not be shut out of skilled nursing facilities. Official 2004 General Election Voters'Pamphlet continued-3- 75 1 Statewide Measures Measure 35 Arguments Health care costs won't decrease if Measure 35 passes. Working families in states that have adopted similar laws still suffer from health care hyperinflation. Some Oregonians want to blame the victims of out-of-control health care costs and make workers pay more for premiums, co-pays,and deductibles.They want to limit our right to protect ourselves from unscrupulous healthcare providers. • Let's rein in the greed of the insurance industry. • Let's force insurance companies to justify rate increases. • Let's use our state's purchasing power to lower drug costs. • Let's examine hospitals charges to see if patients are subsidizing elaborate,frequently unnecessary, expansion. Vote NO on Measure 35. Join SEW in finding real solutions to rising health care costs. www.SElU503.org (This information furnished by Arthur Towers,Service Employees International Union Local 503,OPEU.) This space purchased for$500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. Official 2004 General Election Voters'Pamphlet 761 Statewide Measures Measure 36 Proposed by initiative petition to be voted on at the General Explanatory Statement Election,November 2,2004. Ballot Measure 36 amends the Oregon Constitution to declare that the policy of the State of Oregon and its political Ballot Title subdivisions is that"only a marriage between one man and one woman shall be valid or legally recognized as a marriage." 36 Under state statutes,a marriage is a civil contract entered into by a male and a female who solemnize the marriage by declar- ing"that they take each other to be husband and wife."There is AMENDS CONSTITUTION.ONLY MARRIAGE BETWEEN ongoing litigation concerning whether the current marriage ONE MAN AND ONE WOMAN IS VALID OR LEGALLY statutes are valid under the Oregon Constitution. Ballot Measure RECOGNIZED AS MARRIAGE 36 adds to the Oregon Constitution a statement of policy that only a marriage between one man and one woman is valid or RESULT OF"YES"VOTE:"Yes"vote adds to Oregon oonstitu- legally recognized as a marriage. tion declaration of policy that only marriage between one man and one woman is valid or legally recognized as marriage. Committee Members: Appointed by: RESULT OF"NO"VOTE;"No"vote retains existing constitution ' Kelly Clark Chief Petitioners without a provision declaring that only marriage between one Tim Nashif Chief Petitioners man and one woman is valid or legally recognized as marriage. Roger Gray Secretary of State SUMMARY: K Amends constitution.Oregon statutes currently a Roche Secretary of State provide that marriage Is a civil contract entered into In person Kathhlele en Beaufait Members of the Committee between individuals of the opposite Sex,that is,between males (rhis committee was appointed to provide an impartial explanation of the and females at least 17 years of age who Solemnize the ballot measure pursuant to ORS 251.215.) marriage by declaring"they take each other to be husband and wife."The existing Oregon Constitution contains no provision goveming marriage.Currently,',the State of Oregon recognizes out-of-state marriages that are valid in the state where per- formed,unless the marriage violates a strong public policy',of Oregon.Measure adds to Oregon Constitution a declaration that the policy of the State of Oregon and Its political subdivisions is that"only a,marriage between one man and one woman shall be valid or legally recognized as a marriage." ESTIMATE OF FINANCIAL IMPACT;There is no financial effect on state or local government expenditures or revenues. Text of Measure The Constitution of the State of Oregon is amended as follows: It is the policy of Oregon,and its political subdivisions, that only a marriage between one man and one woman shall be valid or legally recognized as a marriage. NOTE:Boldfaced type indicates new language;[brackets and italic]type indicates deletions or comments. Official 2004 General Election Voters'Pamphlet continued 4' 77 1 Statewide Measures Measure 36 Arguments And couples who fail to conceive within two years ought to Ar umen# in Favor have their marriage licenses revoked. CULTURE WARI Additionally,the Bible says that Traditional values are under attack,and sexual perverts are • Divorced persons may not marry(Luke 16:18). attempting to strain the definition of marriage far beyond what • And if a man dies without leaving a male heir,it is his brother's God has ordained.The Word of the Lord must be legislated as responsibility to impregnate the widow(Genesis 38:6-10).If he Oregon public policy. refuses, he shall be fined one shoe(Deuteronomy 25:5-10). In the Holy Bible,Saint Paul says that Christians should remain This is the sacred word of the Lord,steadfast and unchanging. single and abstain from sex.The New Testament says that Traditional morality must become Oregon public policy.All of it. people should get married only if they are too weak-willed to And the older the tradition,the better.The separation of abstain from sex: church and state be damned.In order to protect the sanctity of "It is well for a man not to touch a woman....It is well...to marriage and the sacred institution of heterosexual procreation, remain single as I do. But if they cannot exercise self-control, unequal treatment and discrimination must be legislated they should marry.For it is better to marry than to be aflame consistently against all persons who cannot or will not breed as with passion."(I Corinthians 7:1,8-9) God intended. It is God's will that we multiply and fill the Earth and finally subdue it when the population explosion self- Marriage is not sacred. Marriage is for wimps and sissies! implodes. Praise God! Oregon public policy should define marriage in accordance with Love is not good enough a reason to marry,because marriage is divinely inspired Scripture.Therefore,marriage licenses should only for be granted only to those persons who have been certified by professional psychiatric examination to be too weak-willed to HETEROSEXUALBREEDING.COM abstain from sex. (This information furnished by M.Dennis Moore,Defense of Heterosexual Oh,by the way,although Jesus never said a single word Breeding Coalition.) condemning homosexuality,if heterosexuals can't get married, This space purchased for$500 in accordance with ORS 251.255. homosexuals shouldn't be allowed to marry either—well,unless The printing of this argument does not constitute an endorsement by they're too weak-willed to abstain.Sissies! the State of Oregon,nor does the state warrant the accuracy or truth The sissy institution of marriage must not be perverted by of any statement made in the argument. sinners who are capable of abstaining!The sacred union of church and state must prohibit the immoral union of men and Argument in Favor women capable of the discipline of sexual abstinence.We are not saved by either faith or good works.We are saved by THE TRADITIONAL FAMILY IS UNDER ATTACK! religious-right legislation! Freedom of religion and equal treatment under law is simply the Frightening new unprecedented social changes are threaten- special right to sin,because our tradition is the one and only threaten- ing old traditional values.And these attacks on tradition have truth!And our tradition(that is,our personal moral opinions) been escalating--for millennia! should become law. First there was Original Sin when Eve disobeyed God!Then the AGREE WITH US OR BURN IN HELLI Floodl Then Abraham abandoned the traditional practice of human sacrifice!Then Jews instituted the modern covenant of (This information fumished by M.Dennis Moore,Traditional Prejudices circumcision!Then Moses brought down from Mount Sinai a Coalition.) bunch of new-fangled Laws on stone tablets!And later Jesus 251.255. abolished them and preached instead the radical new Golden This space purchased for$500 in accordance with ORS Rulel The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth Polygamy fell out of favor!Women were no longer mere pieces of any statement made in the argument. of property belonging to men!Next these uppity women demanded the right to votel Families could no longer own Ar ument in Favor slavesl Prohibition saved the family from destruction by Demon g Ruml The nineteenth-century extended families on American farms were destroyed by the 1950s social engineering of the MARRIAGE IS SACRED! "Leave It to Beaver"suburban cookie-cutter nuclear families! The Bible says that marriage is for procreation.God made Blacks refused to ride in the back of the bus!Women demanded Adam and Eve,and Adam and Eve made Cain and Abel,not equal pay for equal work Single parents demanded respect an empty nest. Gays and lesbians demanded an end to hatred and oppression! Flower children protested traditional mass-murder warfare Marriage is for procreation.If you're not pro-Creation,you're and genocide!Divorce skyrocketed!The silence surrounding anti-God.And once a marriage has been solemnized,sex is child abuse was broken! serious business.The solemnity of sex must not be abused for Frightening social changes continuedl And then the religious sinful pleasures.Sex is for procreation,not recreation.And right began a righteous backlashl First they accused gays and marriage is for breeding purposes. lesbians of being promiscuous!And when this failed,they began Therefore,it should be Oregon public policy that accusing them of having long-term committed monogamous • Homosexuals may not marry. relationships and wanting to get marriedl • Infertile persons may not marry. Where will it all end?After 6,000-some years of frightening • Men with vasectomies may not marry. attacks on old traditional values,will history never cease to • Women with hysterectomies may not marry. unfold?Will God never stop throwing all of these radical social • Post-menopausal women may not marry. changes at us? • Persons planning to use birth control may not marry. My friends,there is a simple answer.All you have to do is • Non-virgins may not marry(Deuteronomy 22:13-21). • Inter-racial couples may not many(Deuteronomy 7:3). VOTE TO TURN THE CLOCK BACKI Official 2004 General Election Voters'Pamphlet continued 4 78 1 Statewide Measures Measure 36 Arguments It's really that simple! Societal Structure Now,which one of these radical social changes will this meas- The basic ties in relationships that keep our society together,are ure turn the clock back to?Oh,come on,let's just found in the family.Where the family struggles,so does the LEAVE IT TO BEAVER! society.Changing our view of this important"building block" will affect us all! (This information furnished by M.Dennis Moore,The Beaver State We need to reserve the approval of society for those behaviors Defense of Beaver Coalition.) that further its success.If we must affirm every behavior,then disorder is the ultimate result. This space purchased for$500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by Measure 36 affirms society's ability to support those the State of Oregon,nor does the state warrant the accuracy or truth behaviors that lend it stability and coherence. of any statement made in the argument. Measure 36 is not about denying"rights". Argument in Favor i The real issue is about approval,and gaining the respect of society.Homosexuals already have the same individual rights as everyone else,and can live as they please without threat from As you know,Oregon once again is in the spotlight on an the law. issue that has national implications---the definition of marriage. Measure 36 is not about hate. I am very concerned about what has taken place in Multnomah and Benton Counties regarding same-sex marriage. We continue to interact with,be friends with,and live in the Clearly,the institution of marriage is being challenged and we community with those who follow a different sexual orientation. must stand up as citizens to protect traditional marriage in Measure 36 is about promoting the common good. Oregon and America. This is best for society,and best for our children. I strongly urge you to vote yes on Ballot Measure 36 and defend the definition of marriage as a union between one man Vote Yes on Measure 361 and one woman.Without the passing of this measure,I am afraid that the actions of Multnomah and Benton Counties will (This information furnished by Jeff Roth.) lead to an unfortunate conclusion by the Oregon Supreme This space purchased for$500 in accordance with ORS 251.255. Court. The printing of this argument does not constitute an endorsement by This issue cuts to our core values.Defining marriage is so the State of Oregon,nor does the state warrant the accuracy or truth important that a huge number of Oregonians joined together in of any statement made in the argument. successfully qualifying this measure for the ballot in a very short time.Clearly,Oregonians want an issue of this significance to be Argument in Favor decided directly by voters,not Supreme Court Justices. Measure 36 is on your ballot.It is now time to vote.Your yes A Timeless Institution vote will change Oregon's constitution,defining marriage as the Throughout history there has been one consistent outlook for union between one man and one woman.This will strengthen civilization: mom and dad.It's possible for unforeseen circum- the historical definition that is in Oregon statute,and protect our stances to defy people's original intent.My father died very traditional idea of marriage by adding it to the Oregon Constitution. young.Despite the hurdles it presented for my heroic mother,we all knew the context of our family's origin. Our core values are too important.Don't let them be defined A missing father or mother frequently sends children on a jour- by the courts,behind closed doors.Let YOUR voice be heard. ney to find or learn about their parent.These natural inclinations Vote yes on Measure 36. remind us of the unique role both mother and father have in a (This information famished by State Representative Susan Morgan) family. This space purchased for$500 in accordance with ORS 251.255. Men and women have distinct approaches to most issues. The printing of this argument does not constitute an endorsement by These distinctions give parenting incredible balance for the the State of Oregon,nor does the state warrant the accuracy or truth health and development of children.Research continues to doc- of any statement made in the argument. ument this. In truth,the further we go down the road of both experience and social understanding,the more we confirm the uniquely powerful contribution that fathers and mothers make in Argument in Favor their child's life. Many well-intended social experiments in the past 35 years have Measure 36-Why Does It Matter? left us short-changed in the end.Change is not always good just The Children because it's new. It's possible at the end of a dramatic proposal to find many unsuspected consequences.This clearly would be A mother and a father are necessary for a child's emotional the case if we were to dramatically alter the reserved design for well-being and development.Many of us know the pain of not marriage between a husband and wife. receiving a father's or a mother's love and attention.In same- sex marriage,this is not even a possibility. Traditional marriage doesn't reduce anyone's value or impinge on anyone's rights.One man's inability to bring the unique bene- If we"normalize"homosexual marriage,the state will be forced fits of mothering to a marriage doesn't reduce his significance to place foster children in same-sex households.Schools,and anymore than it would for two men.It's simply true that the society,will be teaching the next generation the"equality"of beautiful manner of motherhood is uniquely performed by mom, same-sex marriage,changing our views of the importance of and fatherhood by dad.Otherwise we must recognize all gender and the nature of the family.It will cause kids to question proposals for marriage on the basis of equal significance. their sexual identity,and increase experimentation with a behavior that is neither emotionally nor physically healthy. Redefining marriage will not enhance anyone's worth,but will reduce the rights of children to live in a culture that by design Marriage between a man and a woman provides the best affirms the role of marriage to give them a mom and dad. environment for our children'success. Official 2004 General Election Voters'Pamphlet continued 791 Statewide Measures Measure 36 Arguments We urge you to vote yes on measure#36. Marriage Laws Defined as Being Between One Man and Michael Howden One Woman Have Been on the Books in Oregon Since 1862 Executive Director No where in the United States is same sex marriage legally rec- Stronger Families for Oregon ognized.In Oregon,statutes have been in place since 1862, defining marriage as being between one man and one woman. (This information furnished by Michael Howden,Executive Director, Here is what the statute reads; Stronger Families for Oregon.) This space purchased for$500 in accordance with ORS 251.255. According to Chapter 106 of the Oregon Revised Statutes,The printing of this argument does not constitute an endorsement by mar- riage 17 can only be between males of 17 years of age and females o the State of Oregon,nor does the state warrant the accuracy or truth of 17 years of age.This law has been in place since 1862. of any statement made in the argument. Children do Better With a Mom and a Dad All research is conclusive.Children do better with a mother and Argumlent,in Favor a father.Kyle Pruett,a clinical professor of psychiatry at Yale, explains that fathers have distinct style of communication and Marriage Created,Not Contrived interaction with children.Infants,by 8 weeks,can tell the differ- ence between a male and female interacting with them.This Marriage is not a convenient contrivance of man but the diversity in itself provides children with a broader,richer experi- creation of God for the well-being and happiness of mankind. ence of various relational interactions-more so than for children It is intended by God to be a lifelong unity of loyalty and love who are raised by only one gender. between a man,a woman,and God—the natural offspring of that unique,God ordained relationship being children—in a safe We Don't Want Oregon to be the Only Place in America and healthy God centered family. Where Same Sex Marriage is Allowed Marriage between a man and a woman is the fundamental Few issues are more important than protection marriage in institution of any society.It provides the only healthy context for Oregon.By not passing measure 36,and affirming what every- procreation and the development of normal,healthy,and godly one thought was already in the constitution,we will redefine the human relationships. culture of Oregon in ways we can not see or predict. The physical,emotional,spiritual,intellectual and moral Please,Defend Marriage in Oregon,Pass Measure 36 development of children,parents,and the larger society,is best provided in this context. (This information furnished by Representative Wayne Krieger House District t) To radically and fundamentally change the definition of marriage This space purchased for$500 in accordance with ORS 251.255. to include what God considers an"abomination"is to reject The printing of this argument does not constitute an endorsement by God's purpose in marriage for men,women,children,and a the State of Oregon,nor does the state warrant the accuracy or truth nation;to"exchange the Glory of God for a lie",and to reject the of any statement made in the argument. "eternal rules of order and right"which God has ordained. Providing equivalent legal standing to unnatural relationships will Argument in Favor force devastating and irreversible changes to our society.The rights of conscience,and the accompanying freedom to make Our nation's laws are excellent teachers for young people.All moral distinctions will be severely curtailed.Public schools and laws attempt to draw a line,to say something is good,or curriculum will required teach that homosexual'marriage' something is not good and should be discouraged.Oregon's is the moral equivalent to traditional marriage.Religious freedom, laws have always limited marriage to a union between one man healthcare,and Social Security will all be negatively impacted. and one woman,establishing a policy that only male-female "Professing to be wise,we become fools"(Romans 1:18-32)if marriage is proper. we believe judges and elected officials can arrogate to the state Now,some are calling for Oregon to put its stamp of approval the right to change what God has ordained,for light,temporal, personal or political agendas. on same-sex marriage,a practice that God in the Bible clearly calls wrong.Obviously,this would be a significant change in Vote"YES"to amend the Oregon Constitution to preserve public policy that would influence the values of many young marriage between a man and a woman only.Traditional people. marriage must be protected from those who disdain it's origin, The proponents of same-sex marriage have used activist judges purpose,and Creator. in their attack on traditional marriage.But the problem is not (This information furnished by David Crowe,Restore America.) ultimately activist judges.If Oregonians decided that stealing was good,we would approve of judges overturning the will of This space purchased for$500 in accordance with ORS 251.255. the people, because God says stealing is wrong.If our culture The printing of this argument does not constitute an endorsement by was traditionally homosexual,we would call for overturning a the State of Oregon,nor does the state warrant the accuracy or truth tradition that is wrong. of any statement made in the argument. The question is,should the State of Oregon put its stamp of Argument, in Favor approval on what God has clearly said is wrong?Right and wrong are not ultimately determined by people, but by the God who created them.Rulers are to rule in a way that pleases Jesus Oregonians,Not Judges and Liberal Multnomah County Christ.When they do,they act in the best interests of all people. Commissioners Should Define Marriage in Oregon Youth thinking about entering into same-sex intimate relation- Most Oregonians thought marriage was already concretely ships should not be encouraged by the government,but defined in the Constitution.We were all shocked when four lib- discouraged from something that brings God's displeasure. eral Multnomah County Commissioners decided to circumvent There is no automatic right to marry.You have to be of age,you the public process and engage their County Legal Counsel to can't marry a close relative,you can't marry more than one redefine marriage in Oregon's Constitution.It was wrong,and person at a time,and you must marry someone of the opposite Oregonians should be outraged. sex.This is the line we have always drawn here in Oregon,and it is the right line.It pleases God and helps our youth. Official 2004 General Election Voters'Pamphlet continued 4 801 Statewide Measures Measure 36 Arguments Dennis Tuuri for the Parents Education Association behavioral,and health problems that have resulted in lower Box 847,Canby,OR 97013 503-263-8337 peapac.org academic achievement. (This information furnished by Dennis Tuuri,Executive Director,Parents Certainly,there are exceptional parents in even the most chal- Education Association) lenging family circumstances,and these families deserve our This space purchased for$500 in accordance with ORS 251.255. support and admiration. But on the whole,students do best The printing of this when living in a home with a married mother and father. p g argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth Measure 36 will benefit Youth Today and Tomorrow of any statement made in the argument. School has always been more than reading,writing,and arith- metic.Next to home,it is where most students develop the Argument in Favor: character and values that will shape their lives. Marriage between one man and one woman is the ideal,is what the BALLOT MEASURE 36 AFFIRMS STATE LAW community expects,and that is what should be upheld! Ballot Measure 36 affirms what Oregon law and our citizens Without Measure 36,it is possible that non-traditional relation- have long held as true.State law currently defines marriage in ships will have to be presented as an option equal to marriage Oregon Revised Statute 106.010 as being"entered into,in between one man and one woman.This will lead to confusion person by males at least 17 years of age and females at least for students and a conflict with what is taught at home resulting 17 years of age."The law was created in 1862,only three years in a breakdown of trust in the local school. after we became a state.Unfortunately,the courts think those That is why Measure 36 is essential for education,because more who wrote the Oregon Constitution and our marriage law where important to education than stable funding is a stable and not clear enough in their intent. healthy family!Please vote YES on 361 It is the most important JUDGES AND MULTNOMAH COUNTY COMMISSIONERS investment you can make to a child's education. SHOULD NOT BE ABLE TO CHANGE THE DEFINITION OF Please vote YES on Measure 36 MARRIAGE FOR THE ENTIRE STATE Clark Brody Never before had people questioned the intent of our marriage Retired Deputy Superintendent,Oregon Department of Education law.If it had not been for activists on the Multnomah County Education Consultant Commission meeting secretly and without public input this matter would not be before us.Today we are faced with letting (This information furnished by Clark Brody,Retired Deputy a questionable opinion stand or standing up and making our Superintendent Oregon Department of Education,Education Consultant.) opinion known. This space purchased for$500 in accordance with ORS 251.255. IF MEASURE 36 FAILS AT LEAST 350 STATUTES The printing of this argument does not constitute an endorsement by MUST BE CHANGED the State of Oregon,nor does the state warrant the accuracy or truth If Oregonians don't pass Ballot Measure 36 the legislature will be of any statement made in the argument. confronted with changing at least 350 statutes.Laws ranging from insurance,divorce,child custody,and taxes would need to Argument ill Favor be changed.There will be plenty for the legislature to do in the next session,without having to rewrite all the statutes that in any Oregon Teachers&Educators Vote Yes on 36 way affect marriage.The task of rewriting more than 140 years of marriage laws would be a daunting challenge by its self, As teachers and educators across the state of Oregon,we love without having the other duties of a regular legislative session. kids and we've dedicated our lives to their education.We also understand just how much teachers and educators can help I URGE YOU SUPPORT OF BALLOT MEASURE 36 shape the character and values of their students.It happened ROGER BEYER for us as children,and we see it every day in our schools and STATE SENATOR classrooms. DISTRICT 9 That's why as teachers and educators,we are urging all Oregonians to join us in voting YES on Measure 36.Measure 36 (This information furnished by Senator Roger Beyer.) sends a simple,positive message to children that marriage This space purchased for$500 in accordance with ORS 251.255. should be between a man and woman. It just makes sense. The printing of this argument does not constitute an endorsement by Please vote Yes on 36. the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. Christopher W.Alsop Mindy Cornett Wendi Manthey Linda Thornton Donald Lentz John Dracon Ar ument in'Favor Mark Dorr Shirley Burrows Deborah L.Bush g Gerald Christenson Rodney Bragato Janet Crossan Lauralee Furse Karyn Lentz Connie Thrush A Career Educator Urges Yes Vote on Measure 36 John Nimmo Thomas Stuch Carol Funk Measure 36 Is Essential to Ouality Education Ronald Suchanek Kenneth Bush Kevin Keeney Ruth Wilhelm Michael Davis Gwen Hatt Oregonians have consistently demonstrated a deep commitment Barbara Precechtil Patricia Gerig Timothy Zietlow to the welfare and education of children.In other words,in Allison Hart Reyna Butterfield Scott Ball Oregon kids come first!That is a commitment we can all be William McLaughlin Nancy Jacobson Mary Kuraspediani proud of. Michael Quinn Elaine Hardman Nancy Womersley But successful education does not begin in the classroom. It Susan Akers Colleen Corcoran Kelly Benjamin begins at home.Educators discovered long ago that the great- Gayle Nelson Rita Kenniston JoLynn Miller est contributor to student success is parental involvement. Randall Law Cherry Binder Becky Blakely Larry Verdoorn Connie Franklin William Suminski The Breakdown of Marriage Hurts Kids Mary Jo Law Janice Hotrum Steve Smith The breakdown of marriage and family in recent years has taken Marla King Linda Quinn Paul Boring Gary Kelley Edward Guenther Rick Harris its toll on children.It has contributed to increased emotional, Official 2004 General Election Voters'Pamphlet continued 4 81 1 Statewide Measures Measure 36 Arguments Mary Walker Raymond Garboden Linda Verdoorn This space purchased for$500 in accordance with ORS 251.255. Tom Demarest Ella Garboden Loren Gerig The printing of this argument does not constitute an endorsement by Robin Manning Dale Robbins Joe Amsberry the State of Oregon,nor does the state warrant the accuracy or truth Ben Cornelius Linda Nimmo Donna Basting ofany statement made in the argument. Elaine Hall Mark Manthey Oscar Stenberg Ronald Lepp Sara Beyer Betsy Brown Argument in Favor Kim Bates Elaine Suminski Eldon Andres Judy Huber Mary Lau Karen Callison Pamela Robinson Mary Heaney Marcia Robbins Marriage Laws Were Defined in 1862. Brian Gerards Pamela Hardy Norm Scott Most People don't realize that in Oregon, marriage laws have Eric Fuchs Shirley Mann Nancy Cornett been on the books since 1862 defining marriage as being Charles Felton James De Young Th.D. Nina Rapp between one man and one woman.If you were to look up the Bob Callison Joanne Nelson Sharon Erck statute,Chapter 106 of the Revised Statutes states,marriage Mary Ann Holloway David Bradshaw Ellen Demarest can only be between males of 17 years of age and females of Due to word limitations,this is a partial list. 17 years of age.The statute couldn't be more clear. (This information furnished by Christopher W.Alsop) 39 States Have Already Established Marriage Laws This space purchased for$500 in accordance with ORS 251.255. 39 states have established either through their constitution,or The printing of this argument does not constitute an endorsement by through statute the meaning of marriage as being between the State of Oregon,nor does the state warrant the accuracy or truth one man and one woman.No where in America is same sex of any statement made in the argument. marriage legal,and it shouldn't be made legal in Oregon. Over 350 Oregon Statutes Would Have to be Rewritten if Argument in Favor Measure 36 Fails At least 350 Revised Oregon Statutes would have to be rewritten Support Measure 36--Support Marriage or thrown out placing future legislatures in a quagmire of We all know what marriage is—the union of one man and confusion and litigation.Marriage laws,insurance laws,probate, one woman.Oregon law has recognized this historical definition child custody and many many more laws would have to be since 1862.But a few activist county commissioners in rewritten to acknowledge same sex marriage. Multnomah County decided they were going to take advantage The ACLU Will Demand More of a perceived loop-hole in the Oregon Constitution,and If measure 36 fails,there will be mass confusion over the defini- tion of marriage in Oregon.The ACLU will surely force costly Process subverted litigation on the state and school districts demanding that same They didn't hold any public hearings.They didn't give any sex marriage become a normal component of school curricu- lums.warnings.They simply began issuing marriage licenses Teachers will be forced to teach sex education r middle that were in clear violation of state law and what we all know school children based on the new interpretation of marriage in marriage to be.Their actions were arrogant and wrong. Oregon. We never thought we'd have to defend marriage through a cit- Measure 36 Deserves Your Support izen initiative.But because the Multnomah County Commission It is important to affirm what we all thought was already in the purposefully subverted the public process to redefine the law— Oregon Constitution—marriage is a sacred covenant between we have no other choice. one man and one man. Measure 36 ensures the law continues House Majority Leader Wayne Scott as we've understood it The Commissioners'goal was to force this issue into the (this information furnished by House Majority Leader Wayne Scott.) courts. But we all know that marriage shouldn't be defined by This space purchased for$500 in accordance with ORS 251.255. judicial action.Marriage has already been defined in the law and The printing of this argument does not constitute an endorsement by through countless years of tradition. the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. This measure is about protecting an institution that has been a foundation of our society for centuries.It is about ensuring Argument in Favor the law continues to reflect the values and beliefs that the overwhelming majority of Oregonians already believed were enshrined in the law. Measure 36 Doesn't Change Oregon's Constitution...It Overwhelming support su Affirms What We All Thought Was Already There Because of the actions of some renegade County Commis- Earlier this year,270,000 Oregonians signed petitions to put sioners,we are faced with the battle over the meaning of this measure on the ballot.Those signatures were collected in marriage in our great state.Personally,I am outraged by the only five weeks—a record show of support for the institution of arrogance of four county commissioners who thought they alone marriage. could rewrite over 140 years of Oregon law. Thirty-nine other states have a similar definition of marriage as The average person on the street thought Oregon's constitution would be enacted under this measure.It is sensible,mainstream was clear and without compromise.But times have changed, and ensures that marriage will continue to be what we have and open democracy has been replaced with judicial activism always understood it to be:the union of one man and one and political backroom deals.I believe most Oregonians are as woman. outraged as I am about the actions that have brought us to this (This information furnished by House Speaker Karen Minnis.) place in time. The ACLU and Basic Rights Oregon are the Leaders Behind the Scenes Four Multnomah County Commissioners,the ACLU and Basic Official 2004 General Election Voters'Pamphlet continued 4 82 1 Statewide Measures Measure 36 Arguments Rights Oregon are the ones who made this happen and who Argument Ih.Farrar forced us to collect over 270,000 signatures in just five weeks to allow citizens of this state to have our say on the issue of defining marriage in Oregon.Their radical agenda went forward Measure 36 is the Only Way to Protect Marriage without a single public hearing or open meeting discussing the Oregonians expect much more of their elected officials. implications of rewriting Oregon's sacred marriage laws,which date back to 1862. Our nation has the finest system of government in the world.It's Now,Oregonians Can Have Their Voices Heard the reason I've dedicated so much of my life to public service. It's also the reason I was deeply grieved when members of the Given just five weeks to gather the necessary signatures, Multnomah County Commission authorized same-sex marriage Oregonians have already spoken with a loud voice by submitting licenses without any public hearings,testimony or debate. record numbers of signatures to qualify this measure for the When dealing with matter as dear to the public as marriage it's ballot,but now that voice must be heard on election day. imperative to hold fair,honest and open debate.With an issue Recently,Missouri passed their amendment with over 70%of this big,every one deserves a chance to be heard. the vote,and now it is time for Oregon to do the same,if not It also gives policy makers the chance to weigh critical research stronger. and understand the lasting ramifications of their decisions.In the Take a stand:Vote Yes on Measure 36. case of marriage,the evidence is very strong. Defend the greatest institution we have left standing. The Evidence Supports Historic Marriage State Representative Linda Flores Children do best when raised in a home with a married mother (This information furnished by State Representative Linda Flores) and father.That evidence is indisputable.They enjoy better health,and experience fewer social,emotional,and behavioral This space purchased for$500 in accordance with ORS 251.255. problems.They even score better as a group in school. The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth That doesn't mean children in other family arrangements can't of any statement made in the argument succeed,of course they can.And usually that's the result of a dedicated parent or parents. But taken as a whole,marriage is very good for children,for families and for the community. It's an Argument in Farrar institution that deserves our support. An Open Letter from Senator Ben Westlund Measure 36 Is the Only Way to Protect Marriage. I have worked hard in my career to open and balanced as I The actions of the Multnomah County Commissioners speak have deliberated on important public policy issues.At times,I very loudly.There is a small extreme group that will try to have been at odds with my own party about various issues change marriage anyway they can.They will even skirt clear ranging from tax policy to healthcare reform. I am proud of my laws that have been on the books for years. independence. That's why it's critical to vote Yes on Measure 36. Because Recently,I have had long meaningful discussions about amending the State Constitution is the only effective way to Measure 36,the constitutional amendment defining marriage as protect marriage. being between one man and one woman.While many people Marriage has always been a special relationship only between a might expect me to break once again from my party and oppose man and a woman.Let's keep it that way. Please Vote Yes on Measure 36,they will be interested to know that I am a strong Measure 36. supporter of Marriage being defined as being between one man and one woman. State Representative Gordon Anderson First of all,most of us believe that the Constitution intended (This information furnished by State Representative Gordon Anderson) for marriage to be defined as being between one man and one This space purchased for$500 in accordance with ORS 251.255. woman.In fact,an early Oregon statute dating to 1862 rein- The printing of this argument does not constitute an endorsement by forces this fact.Most people,if they were being honest with the State of Oregon,nor does the state warrant the accuracy or truth themselves would agree that the culture of 1859 and the legisla- of any statement made in the argument. ture of 1862 had no other intention. More importantly however is my own strong personal beliefs Argument In. Favor how important it is to our culture and society that we hold on and reinforce this very important institution we know as mar- riage.Study after study and psychiatrist and psychologist alike point to the value and the importance of children having both a It Just Makes Sense mother and a father as role models. Marriage has always been between a man and a woman.In Measure 36 is simple.If it passes,and I hope that it does,it 1863,the Oregon Legislature authorized marriage only between will simply confirm what most of us thought already to be true— members of the opposite sex.This statute reads: Marriage in Oregon is legally defined as being between one man Marriage is a civil contract entered into in person by males and one woman.Of all our cultural institutions,few are more at least 17 years of age and females at least 17 years of important and more worth protecting than marriage. age..." Please,Vote Yes on 36. Oregon now has over 350 laws recognizing marriage as between Senator Ben Westlund a man and a woman. (This information furnished by Senator Ben Westlund.) The Laws of Nature This space purchased for$500 in accordance with ORS 251.255. Of course this 141-year-old law isn't surprising. From the earliest The printing of this argument does not constitute an endorsement by annals of recorded history,marriage has always been between a the State of Oregon,nor does the state warrant the accuracy or truth man and a woman. As a State Senator in rural Oregon representing hundreds of Official 2004 General Election Voters'Pamphlet continued 83 1 Statewide Measures Measure 36 Arguments ranchers and farmers,the historic record makes perfect sense.It having a committed relationship and does not hinder benefits.It takes a male and a female to produce offspring.It's just a law of just preserves marriage as a unique relationship between a man nature. and a woman,that's not discrimination. This does not mean that only married people make good Please Vote YES on Measure 36 parents.Both history and our own neighborhoods are filled with wonderful examples that prove otherwise.But they aren't called (This information fumished by Michael white,Executive Director,Defense marriage.Marriage has always been a unique relationship of Marriage Coalition.) between one man and one woman. This space purchased for$500 in accordance with ORS 251.255. 40 States Recently Passed Laws Like Measure 36 The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth To my knowledge,every state in the nation defines marriage as of any statement made in the argument. a union between a man and a woman.Like Oregon,these laws were thoughtfully debated and overwhelmingly passed.Then Argument Ih Favor in 1996,because some of these laws were being challenged in the Courts,the Federal Government,under President Clinton passed the Defense of Marriage Act.This allowed states to A Look Back Should Lead to'Yes'Vote. protect their marriage laws. In the last 8 years,40 states have In the midst of important arguments about the meaning of done so.And this election,10 states are pursuing Constitutional marriage,it is important to remember how we got here. marriage amendments like Oregon's Measure 36. Measure 36 is the only way to preserve marriage.Without Prior in March,2004 there had never been any doubt about the Measure 36,marriage will always be just one court decision meaning of the Oregon marriage laws,or their constitutionality. g y Then four members of the Multnomah County Commission away from becoming history. decided,without any public notice or hearing,to take the law Please vote Yes on Measure 36 into their own hands and begin issuing same sex marriage licenses—making a mockery of the Oregon Open Meetings Law Gary George and basic principles of good government. State Senator Multnomah County also claimed that same sex marriage (this information fumished by Gary George,State Senator.) licenses are required by the Oregon Constitution—although no This space purchased for$500 in accordance with ORS 251.255. court had ever so ruled,no Legislature had ever so voted,and The printing of this argument does not constitute an endorsement by no citizen input had ever been heard on the question!In the the State of Oregon,nor does the state warrant the accuracy or truth ensuing litigation over these actions,it became clear that the of any statement made in the argument. County,and the special interest groups urging them on,wanted the courts,not the People,to create a new constitutional right for same sex marriage.Indeed it became clear that they desper- Argument in Favor ately wanted to avoid giving the People a vote.These groups apparently do not believe that we are smart enough,fair enough, Seven Reasons to Vote YES on Measure 36 or wise enough to decide such an important question.And they wonder why citizens no longer trust their government?But this Vote YES on 36,Because Oregon Laws Deserve Open, subtly elitist view of government is not the view that was held by Honest Debate.Tell elitist Multnomah County Commissioners our founders.Jefferson said,"I know of no safe repository of that Oregonians don't make laws in secret meetings with power- political power but in the hands of the people,and if we think ful special interest groups. them not enlightened enough to hold it,the remedy is not to Vote YES on 36,Because Children Do Best with Both a Mom take it from them,but to enlighten them." and Dad.The research is overwhelming,children with a married If Multnomah County succeeds in this ill-conceived move,they mother and father consistently do better in every measure of will not only have stolen an important constitutional question well-being.It's more important than race,economic status,edu- from the People,but they will have further eroded citizen confi- cational background or neighborhood. dence in our government.They are apparently willing to pay that Vote YES on 36,Because Oregon Law Already Says price.I am not. Marriage Is Between a Man and a Woman.Measure 36 is not (This information furnished by Kelly Clark,Attorney at Law,Defense of a new concept in Oregon.Over 350 Oregon statutes affirm what most people have always believed:marriage is a union between Marriage Coalition.) one man and one woman. This space purchased for$500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by Vote YES on 36,Because It's the Way Nature Meant it to Be. the State of Oregon,nor does the state warrant the accuracy or truth A Marriage between a man and woman is more than just about of any statement made in the argument. a loving relationship,it's also about the laws of nature.Every species requires a male and a female to produce offspring. Vote YES on 36,Because 40 States Already Have Defense of Argument in Favor Marriage Acts.In the past eight years,40 states have passed Uncovering the Myth of Same-Sex Marriage new laws protecting marriage between one man and one woman.This election ten states have Constitutional marriage Advocates of same-sex"marriage"use a number of arguments amendments on their ballots. that can best be described as"myths."The reality is often quite Vote YES on 36,Because It's Our Last Chance to Preserve different.For example: Marriage.Oregon laws are already clear about marriage;it's MYTH:Defining marriage as the union of one man and one between a man and a woman.But one activist Judge could woman is"discrimination" change that with a single decision.That's why Measure 36 is so REALITY Everyone has access to marriage on exactly the same important.Because even a Judge cannot change the Constitution. terms and same set of restrictions.Age,family ties,marital status and gender all affect the ability to marry. Vote YES on 36,Because Preserving Marriage Is Not MYTH:Homosexuals suffer serious harm because they're Discrimination.Measure 36 does not prevent anyone from Official 2004 General;Election Voters'Pamphlet continued 84 1 Statewide Measures Measure 36 Arguments denied the protections of marriage. While compassionate societies always come to the aid of motherless and fatherless families,wise societies should never REALITY Many of the"protections"granted by marriage are intentionally create them.But that is what the same-sex family already available to same-sex couples through the use of private does.Marriage should remain between men and women contractual arrangements,such as wills,durable power of because children need mothers and fathers. attorney,health care proxies,and life insurance policies. MYTH:Homosexual relationships are the same as Glenn T.Stanton is the author of Why Marriage Matters: Reasons to Believe in Marriage in Postmodern Society. heterosexual ones. REALITY.Research shows that homosexuals are less likely to Sources: enter into long-term partnerships,be sexually faithful to a D.M:A G Clun o and ti Dorsey Green,The Lesbian Parenting d. partner,and have relationships last a lifetime.Granting legal Book:A Guide to Creating Families and Raising Kids,2nd ed. recognition to same-sex couples in the Scandinavian countries (New York:Seal Press,2003),p.243. led to a weakening of society's commitment to marriage across ABC News:Primetime(March 14,2002) the board. (This information furnished by Glenn T.Stanton,Director Social Research MYTH:A"one man and one woman"definition imposes a &Cultural Affairs,Focus on the Family.) religious definition of marriage on civil society. This space purchased for$500 in accordance with ORS 251.255. REALITY.The definition of marriage is rooted in nature itself. The printing of this argument does not constitute an endorsement by The sexual union of a man and a woman is what reproduces the the State of Oregon,nor does the state warrant the accuracy or truth human race.The durable commitment of that man and woman ofany statement made in the argument. to one another is what provides children with a mother and father.Overwhelming evidence shows that this family structure Argument in Favor makes children happier,healthier,and more prosperous than any alternative family form. A Legal Perspective and the Need for Measure 36 The real"myth"is that the benefits of marriage for society,cou- ples and their children can continue apart its timeless definition We are Oregon attorneys involved in defending the definition of of a union between one man and one woman.The"reality"is marriage as"one man,one woman",which has remained sub- that redefining marriage could bring unintended consequences stantially unchanged since territorial times.We urge a"yes"vote on the next generation. on Measure 36 so Oregon's Supreme Court cannot alter the Peter Sprigg definition of marriage. Director,Center for Marriage and Family Studies Limiting marriage to one man and one woman is not a Family Research Council discriminatory practice that violates either the Oregon or U.S. Constitutions.The United States Supreme Court determined in (This information furnished by Peter Sprigg,Director,Center for Marriage Baker y.Nelson there is no federal constitutional right to same and Family Studies,Family Research Council.) sex marriage.In the states where courts have decided their state This space purchased for$500 in accordance with ORS 251.255. constitutions require same sex marriage(Hawaii,Alaska),voters The printing of this argument does not constitute an endorsement by later rejected that conclusion by amending the constitution.The the State of Oregon,nor does the state warrant the accuracy or truth only exception to date is Massachusetts,and they may do the of any statement made in the argument. same soon after its legislature next meets. The Supreme Court may or may not agree with our argument a Argument in Favor proper interpretation of the history and purposes of Oregon's Privileges and Immunities Clause requires it to uphold Oregon's Considering the Children in the Marriage Debate marriage statutes as they now exist.Measure 36 allows the Glenn T.Stanton people rather than the Supreme Court to decide. Why should Oregon keep marriage between males and females? If the Supreme Court concludes the Oregon Constitution requires two individuals of the same sex be able to marry simply Because to say"yes"to same sex marriage is saying"yes" l Because families. because they want to,it is difficult to argue larger groups of indi- viduals of any sex(polygamy or"polyamory")should not also be An Untested Social Experiment able to join in group marriage.When accommodating personal No society has ever raised a generation of children in same-sex sexual preferences is the touchstone for constitutional analysis, homes.To do so is a vast,untested social experiment on all consensual relationships among adults become entitled to the children.Two doctors admit publicly in their Lesbian Parenting same dignity. Litigation is now underway in Utah to overturn that Book,"It will be interesting to see over time whether lesbian state's ban on polygamy,and the Utah plaintiffs use the same sons have an easier or harder time developing their gender iden- arguments now being used in Oregon to attempt judicial rewrit- tity than do boys with live-in fathers."We all use products where ing of our marriage statutes.We disagree with an agenda we are assured that"no animals were harmed in the testing of already on record as favoring state approval of all private con- this product."But the warning label on the same-sex parenting sensual sexual activity as equally dignified and appropriate. experiment reads:"It will be interesting to see..."It is never wise We urge you to vote"yes"on Measure 36. or compassionate to intentionally subject children to social experimentation. Herbert Grey And what drives this experiment?Not the needs of children,but Kelly Ford rather the desires of adults.Lesbian mother,Rosie O'Donnell, told Diane Sawyer in a Primetime interview that her son asks (This information furnished by Herbert Grey,Kelly Ford.) why he can't have a father.When asked what she tells little This space purchased for$500 in accordance with ORS 251.255. Parker,Rosie responded,"...because I'm the kind of mommy The printing of this argument does not constitute an endorsement by who wants another mommy."Parker doesn't get a daddy the State of Oregon,nor does the state warrant the accuracy or truth because Rosie has certain emotional and sexual desires.And ofany statement made in the argument. the growth of gay and lesbian families will intentionally deny thousands of children their mothers and fathers. Official 2004 General,Election Voters'Pamphlet continued 4 851 Statewide Measures Measure 36 Arguments Frank Damazio James Martin Argument in Favor; Pastor,City Bible Church Pastor,Mt.Olivet Baptist Church DEFENDING TRADITIONAL MARRIAGE Raymond Cotton Dale Ebel ON BEHALF OF THE CHILDREN Pastor,New Hope Community Pastor,Rolling Hills Community Church Church I want to speak as a father in defense of traditional marriage. T.Allen Bethel Carl Palmer As a father,I have helped raise three healthy,happy children and it did not come about by accident.It happened as a result Pastor,Maranatha Church Pastor,Cedar Mill Bible Church of hard work on the part of their mother and me.Anyone David Stevens Kelly Boggs who insinuates that healthy children don't need both a mother Pastor,Central Bible Church Pastor,Valley Baptist Church, and a father have little understanding of what is required to McMinnville develop healthy families. I know the immeasurable importance of their mother in the lives of my three kids.I now understand Stu Weber Randall Sanford from experience the importance a father can make Pastor,Good Shepherd Pastor,Sunnyside Foursquare in the lives of his children. Community Church Church A father-child relationship more than any other,defines a child's (This information furnished by Frank Damazio,Pastor City Bible Church) entire life.It affects their dating and marriage relationships, This space purchased for$500 in accordance with ORS 251.255. their identity,their sexuality,their work performance,how they The printing of this argument does not constitute an endorsement by express emotion,and how they become independent.A the State of Oregon,nor does the state warrant the accuracy or truth child's relationship with dad shapes their view of God,their of any statement made in the argument. significant life decisions,and ultimately who they turn out to be as individuals. Marriage between a man and a woman was an institution Argument i11 Pallor designed with a purpose in mind.That purpose was to create an environment to enhance the development of healthy children. Traditional Marriage Is Not a Civil Rights Violation Numerous studies have concluded that kids do best when they Defining marriage as between one female and one male does are raised by loving and committed mothers and fathers.They not violate anyone's civil rights.The civil rights battle African are less likely to be on illegal drugs,less likely to be held back in Americans faced was about basic human rights;the right to be a grade,less likely to drop out of school,less likely to commit treated as a full human being,the right to an education,to vote, suicide,less likely to be in poverty,less likely to become juvenile to live where one chose and not to be limited due to the color of delinquents,and for the girls,less likely to become teen mothers. one's skin. They are healthier both emotionally and physically,even thirty These true human rights violations however,cannot be com- years latter,than those not so blessed with traditional parents. pared to the issues posed by the same sex marriage community. Please vote Yes on Measure 36. The right to marry whomever one chooses is not fully given to any person.For example,no one can marry their sister,brother, Kent L.Walton,Chief Petitioner,Measure 36 mother or father.A parent cannot marry his or her children.And it's not considered discrimination to forbid marrying a child or (This information furnished by Kent L.Walton,Chief Petitioner,Measure having two spouses.These limitations apply to all people equally 36.) and make good moral and common sense. This space purchased for$500 in accordance with ORS 251.255. Certainly,the dignity of human rights must be afforded every The printing of this argument does not constitute an endorsement by human being,but we cannot invent civil rights were there are the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. none.Regarding key civil rights indicators,like access to education,employment and housing,gay Americans score above the national averages.And gay and lesbian citizens are Argument in Favor not prohibited by law from having a relationship.It just isn't marriage. Portland Area Pastor's Urging Oregonians to Vote YES on 36 1 have been questioned about past laws that prevented mem- As pastors,we rarely speak out on political issues.But this elec- bers of an African-American community to marry into the white tion is different because Oregonians will decide one of the most community.While it definitely was discriminatory,the issue important decisions ever placed on a ballot. It is Measure 36,the concerned"ethnicity"and not same-sex marriages.The two are Defense of Marriage Amendment.And the outcome of Measure as different as oranges are to apples. 36 will affect marriage and family for years to come. The same-sex marriage community wishes to appeal to voters We,as pastors--who collectively minister to tens of thousands who rightly say,"what happened to African-Americans should of people of virtually every color,nationality,age and gender-- not happen to anyone else."With this I agree.However,I and are doing everything within our power to keep marriage defined the majority of African-Americans,do agree that keeping mar- as being between one man and one woman. riage between one man and one woman is not discrimination. We love,support,and help care for almost every family arrange- Rev.T.Allen Bethel ment conceivable,but marriage is a relationship like none other. President,Albina Ministerial Association Marriage is the way God designed nature to bring children into (This information furnished by Rev.T.Allen Bethel,President,Albino the world.And marriage provides the ideal environment to raise Ministerial Association.) a child where each of the unique qualities of a man and a woman blend together for the balanced development of their This space purchased for$500 in accordance with ORS 251.255. offspring. The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth It doesn't mean married people are any more special than of any statement made in the argument. non-married people;it's the relationship of marriage itself that's special.This is why we strongly encourage every person to vote YES on Measure 36.It's simple;it's right;it's the way marriage should be defined—one man and one woman. Official 200 General'Election Voters'Pamphlet continued 4 86 1 Statewide Measures Measure 36 Arguments Narrative of Genesis,the Old Testament Prophetic Revelation Arguments F&Y01' (which uses Marriage as a picture of Covenant faithfulness with God)and the Teaching of Jesus in the Gospels of Matthew and Bend Area Church Support Measure 36 Mark that Marriage is exclusively between one man and one The Bend Ministerial Association representing a majority of woman. churches in Bend urges voters to vote"Yes"on measure 36. This understanding presents a living witness to the larger society Both church and state have a common interest in affirming of what faithful living is.We are not given the authority to marriage to be the union of one man and one woman. redefine the nature of this Covenant,doing so would be an First and foremost,the church recognizes the authority of our encouragement to engage in sinful behavior,a liberty that creator,God,to govern His creation and to require certain Scripture never condones. behaviors and to prohibit certain behaviors.In the very act of United Methodist Christians have historically rejected the creation,God created two very similar by different human practice of homosexual behavior while seeking to uphold the beings:man and woman. Man and woman are the very founda- God-given worth/dignity of all persons.The 2004 General tion of the family;incomplete in themselves,but together Conference continued a two-decade affirmation of this under- achieving the ability to create and nurture a family. standing as United Methodist Church policy.The delegates also Jesus Christ affirmed marriage between a man and a woman affirmed by a wide margin that same-sex marriage is not recog- when he asked:"Have you not read,that He who created them nized or to be practiced in our denomination. from the beginning made them male and female,and said, We urge you to join with us in supporting Oregon Measure 36. 'Therefore a man shall leave his father and his mother and hold fast to his wife;and they shall become one flesh'?"(Matthew Sincerely, 19:4-5 ESV) Rev. Rand D.Sargent Bob Youngman As ministers of the Word of God we are required by our Lord to Marquam,OR Newberg,OR teach and affirm that sex is a wonderful gift from God to be enjoyed by husband and wife within the sacred bond of mar-(This information fumished by Rand D.Sargent,Robert M. Youngman.) riage.We are also required by our Lord to teach that all sexual This space purchased for$500 in accordance with ORS 251.255. relations outside of marriage between one man and one woman The printing of this argument does not constitute an endorsement by are morally wrong and sinful.As pastors,we speak daily of the State of Oregon,nor does the state warrant the accuracy or truth God's love,compassion,and healing power to individuals and of any statement made in the argument. families who suffer the consequences of sexual sin:broken marriages and families,sexual addictions,poverty-stricken Ar ulrt7ent Ih Favor single mothers and sexually transmitted diseases,all of which increases the burden of civil government and public and private social agencies. The Value of Preserving Maffiage For these reasons,both the church an civil government have an Relationships involve personal decisions.But the institution of interest in affirming marriage as the union of one man and one marriage is a public agreement,a foundation for how families woman. relate to their communities in Oregon.Marriage brings order to social life within the diversity of our many private customs and Dave Miller,President practices. Terry Cowan,Secretary Marriage contributes immeasurably to the human and economic health of society.Marriage helps nurture children into responsi- (This information furnished by Dave Miller,President,Terry Cowan, ble citizens. Secretary;Bend Ministerial Association.) This space purchased for$500 in accordance with ORS 251.255. So the people of Oregon are right to be concerned about estab- The printing of this argument does not constitute an endorsement by lishing fair rules determining who can marry.Our state sets a the State of Oregon,nor does the state warrant the accuracy or truth minimum age for marriage.It licenses certain people to perform of any statement made in the argument. wedding ceremonies,bans polygamy and the marriage of near relatives.The state promotes healthy and stable marriages that benefit everyone. Argument in Favor This public aspect of marriage reflects the shared values of the people of our state.While individuals are free to form house- United Methodist Statement in Support of Measure 36 holds and domestic partnerships as they wish, marriage is the The understanding of the 10-Million Member United basic institution that the state registers and regulates.This Methodist Church is that Marriage is a God-defined amendment would not restrict people in their private relationship Covenant between one man and one woman. choices. Rather it would give clear support for the basic institu- tion that has contributed to happiness and prosperity throughout "We affirm the sanctity of the marriage covenant that is the ages. expressed in love,mutual support,personal commitment,and shared fidelity between a man and a woman.We believe that Until recently Oregonians routinely agreed that marriage is God's blessing rests upon such marriage,whether or not defined as a life-long commitment of one man and one woman. there are children of the union.We reject social norms that Recent challenges to this definition introduced a knot of confu- assume different standard for women than for men in sion into our courts and into our lives. marriage." An amendment to the state constitution is necessary to preserve Paragraph 161.0(Social Principles,2000 Book of the meaning of marriage.Passing Measure 36 would support the Discipline) orderly regulation of marriage and protect the people of Oregon from the confusion of a radical redefinition of marriage.It would Our Christian community administers/supports this exclusive give clear direction to government officials as they determine Covenant only according to the definition given by the Biblical public policy for marriage. God.Our stewardship of the Marriage Covenant within the United Methodist Church is based upon Scripture's teaching Marriage between one man and one woman has been the concerning the origins of Marriage found in the Creation foundation of strong and healthy communities for thousands of Official 2004 General Election Voters'Pamphlet continued' 87 1 Statewide Measures Measure 36 Arguments years.Vote"Yes"on Measure 36 to preserve a stable under- This space purchased for$500 in accordance with ORS 251.255. standing of marriage for the well-being of all. The printing of this argument does not constitute an endorsement by Rev. Richard P.Zimmerman the State of Oregon,nor does the state warrant the accuracy or truth Rev. Bruce Sexton of any statement made in the argument. Rev.Gilbert Gleason (This information furnished by Rev.Richard P.Zimmerman.) argument in Favor, This space purchased for$500 in accordance with ORS 251.255. Same-sex marriage proponents argue this initiative amend- The printing of this argument does not constitute an endorsement by ment violates the civil rights of gays.For clarity,examine issues the State of Oregon,nor does the state warrant the accuracy or truth from a civil perspective. of any statement made in the argument. Common ground Argument 111 Favor The right to marry exists. g A civil marriage union is a contract. LET'S VOTEI Problems The recent OCA signature drive for the"Divine Sovereignty Life By its very nature,legal advocacy limits issues. Equal protec- Amendment,"if successful,would have given Oregonians the tion has provided an especially beneficial strategy for same-sex extraordinary opportunity to vote on the existence of God,yes marriage proponents. or no.Religious dogma would have been decided democratically It has focused on the right rather than on the source of the by popular vote--essentially creating an official state religion right,marriage,the contract.It has forced opponents to with GOD ALMIGHTY enshrined in the Constitution as counter within this legal delimiter.It has resulted in a highly divisive debate on an erroneous foundation of equal Oregon State Deityl protection versus marriage. Although this initiative drive failed,the"Christian"Coalition has The issue proves more complex, like the story of the 5 blind now created a Commandment Amendment to the Constitution! men describing the elephant.One blind man describes elephant Measure 36 ordains us to by the tail,another by the foot,and so forth. VOTE ON THE THEOLOGICAL BELIEF of whether churches,synagogues,and temples"shalt not" First,rights emanate from the institution from which they are be permitted to marry gays and lesbians. derived.The institution(marriage/government/etc.)establishes the rights.Rights do not establish nor do they create the nature And this election thus establishes the glorious precedent for of the institution. democratic electioneering on ALL of the Therefore,we must understand the institution/source.We Official Oregon State Dogmal must consider contract law because that is the nature of COMING SOON marriage.The 4 elements are 1)mutual assent 2)consideration, TO A THEOLOGY BALLOT NEAR YOU: promise for a promise....the right to consensual reproductive sex 3)legality subject matter...not prostitution,bigamy 4)legal • Shall churches,synagogues,and temples be permitted to subject...of age?not incest,etc.. marry divorced persons(Luke 16:1 B)?Let's vote! • Shall baptism be by sprinkling,pouring,or dipping?Let's Second,legal confusion also occurs because equal protection vote! focuses on individuals/equality whereas contract law focuses on • Shall the Lord's Prayer be translated"forgive us our debts"or two or more parties/exclusion...specifics of the contract. "forgive us our trespasses"?Let's vote! Third,contractual elements direct us to the nature of marriage • Shall adulterers be stoned to death(Leviticus 20:10)?Let's which is based upon the nature of man(m&f),the union of a vote! man and a woman.For the nature of man,consider statistics • Shall obnoxious religious-right hypocrites be allowed to (the norm,the bell-shaped curve),the natural law,and marry?Hell no!Let's vote! Aristotelian philosophy. • How many angels can dance on the head of a pin?Hey,let's just vote! Solution This is democracyl Religious beliefs belong on the ballot,and Vote for this initiative amendment. winning beliefs become public policy in the Constitutional You say it isn't your business? It doesn't matter? Catechisml Minority adherents,straight and gay,should have It does.Why?Because truth is the scale upon which justice is the statesmanship to accept that religious freedom does not based.Truth must prevail. protect losing beliefs in a theological election. (This information furnished by Ann Lackey) Your special right to practice your moral beliefs(including This space purchased for$500 in accordance with ORS 251.255. marriage)is subject to the whims of popular vote! The printing of this argument does not constitute an endorsement by It's not discrimination,it's electoral theology- the State of Oregon,nor does the state warrant the accuracy or truth In Oregon,democratic dogma is inspired by initiative and of any statement made in the argument. referendum--in the Holy Marriage of the One Official Oregon Church and Statel VOTE FOR OREGON: State beaches,the bottle bill,land-use planning,and now THE OREGON DOGMAI www.oregondogma.ora (This information furnished by M.Dennis Moore,God for Oregon Deity-PAC(GOD-PAC)and Family Alliance of God.) Official 2004 General Election Voters'Pamphlet continued 4 881 Statewide Measures Measure 36 Arguments • Block inheritance protections-even leading to people Argument in Opposition losing their family home. Marriage saved my spouse's life • Prevent the ability to make life-saving medical decisions in emergency situations. Two months after my husband David and I wed this Spring, David suffered a devastating stroke. These aren't theoretical problems.They are real problems.They hurt real people.Constitutional Amendment 36 would put those When I was notified at my office of David's condition, I rushed to hurts in our Constitution-permanently. be with him,not stopping to contact my lawyer for a copy of our please read the next several pages of this Voters'Pamphlet power of attorney.When I arrived at the hospital, I was told that his particular condition required a quick decision from next of to see any specific facts and examples kin in order to approve a course of treatment that had to be We Can Disagree About Gay Marriage administered within three hours of the stroke. Without Putting It In the Constitution Medical personnel needed a family member to authorize his We can disagree about gay marriage.Many people do.But we medical treatment.Waiting for his mother,who lives two hours should never use the constitution to settle this kind of disagree- away,to reach the hospital would have wasted valuable time. ment.Putting unequal treatment in our Constitution-and When the doctor asked who could sign the forms,for the first hurting people-goes too far. time,I was able to say"I am his husband."Those four words allowed me to sign the necessary paperwork,authorize medical Marriage is about so much more than who gets married:It's treatment and stay by David's side. about love and commitment.Respect and responsibility. Benefits and protections.All people share these needs and With that move,according to my doctor, I may have become the emotions,including gays and lesbians. It is lust wrong to use our first person in Oregon to sign a consent form for a same-sex Constitution as a weapon against them. spouse.David is now well on his way to a full recovery because I was able to authorize treatment so quickly. Vote NO on Constitutional Amendment 36 Because our Constitution is designed to protect people. David and I are both private people who have never played such Not hurt them. a public role in a campaign.But knowing that our marriage saved David's life motivated us to step forward and speak out (This information furnished by Rebecca Lee,No on Constitutional against Constitutional Amendment 36. Amendment 36.) If this amendment passes,countless Oregonians will be denied This space purchased for$500 in accordance with ORS 251.255. the right to make life-saving medical decisions for their loved The printing of this argument does not constitute an endorsement by ones.That's not healthy for families and it's not right for Oregon. the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. Reasonable people may disagree about social issues such as marriage,but amending unequal treatment into our constitution -and hurting families-goes too far. Arglumlent in Opposition We urge you to Vote NO on Constitutional Amendment 36 Oregon Parents urge you to vote no on Chris B.and David B.,Portland constitutional amendment 36 (this information furnished by Rebecca Lee,No on Constitutional We are each the parents of two adult children-one who is Amendment 36.) straight and one who is gay or lesbian. This space purchased for$500 in accordance with ORS 251.255. Like all parents,we have dreamed that one day each of our chil- The printing of this argument does not constitute an endorsement by dren would know the joy of marriage. Like all parents,we have the State of Oregon,nor does the state warrant the accuracy or truth dreamed that one day each of our children would know the joy of any statement made in the argument. of parenthood. Like all parents,we have worried about the challenges their lives Argument in Opposition would bring. Unlike many parents,though,we have also worried that one of VOTE NO ON CONSTITUTIONAL AMENDMENT 36 our children would be singled out for unequal treatment and that Putting Unequal Treatment In Our Constitution one of our children would have opportunities and rights from Will Hurt Thousands Of Oregonians. which our other child would be excluded. Our Constitution is for protecting our most basic and important Each of our children should be allowed to protect their loved rights. It should never be used to settle partisan,religious or ones in times of medical emergency,each of our children ideological disputes.And it should never be changed in a way should be able to provide health insurance coverage for their that will hurt many of our fellow Oregonians, spouse and their children,each of our children should know that if their spouse dies,they will not lose their nest egg or the Constitutional Amendment 36 may seem that it simply defines family home. marriage.But its impact goes far beyond gay marriage. Constitutional Amendment 36 will hurt thousands of our fellow But if this Constitutional Amendment passes,those things Oregonians:gays and lesbians,certainly. It will also hurt their may be forever denied to our gay and lesbian children. families,their children and our communities. If this amendment passes,it will deny many Oregon families and Constitutional Amendment 36 will children-like ours-health care,inheritance rights and the ability to make life-saving medical decisions. • Put unequal treatment for gay and lesbian families into our Constitution. We don't think this is fair.We don't believe unequal treatment belongs in our Constitution.We urge you,on behalf of all of our • Deny many Oregon families and children access to health children,to please vote no on Constitutional Amendment 36. care and insurance coverage.That hurts them,and is costly for all of us. Jim&Elise Self,Eugene On behalf of their children Official 2004 General Election Voters'Pamphlet continued 3' 891 Statewide Measures Measure 36 Arguments Linda&Brian Stahl,The Dalles In 1946 Esther E.Skelton,president of the Portland YWCA On behalf of their children Board of Directors wrote to the membership with a resolution Russell&Eleanor Cannon,Bend "...in harmony with the policy of the YWCA and steps that we Ru Ru behalf of their children have taken against discrimination."She was addressing the On posting of the discriminatory signs"we cater to white trade (This information furnished by Brian R.Stahl.) only."She asked every member to"combat this vicious practice, and help implement our fundamental belief in the democratic This space purchased for$500 in accordance with ORS 251.255. way of life and in the worth and dignity of human personality." The printing of this argument does not constitute an endorsement by Removing the signs did not eradicate racism.It did make it the State of Oregon,nor does the state warrant the accuracy or truth possible to advance the social discourse about racism and of any statement made in the argument. grant basic rights to those who previously were denied them. Voting against Ballot Measure 36 is a step we can take in Argument in Opposition 2004 to continue to fight discrimination. AFSC on Equal Civil Marriage Rights Board of Directors of the YWCA of Greater Portland,1111 SW 10th Avenue,Portland,OR 97205 The American Friends Service Committee(AFSC)supports equal civil marriage rights for lesbian,gay,bisexual,and transgender (this information fumished by Adella Macdonald,Executive Director, people equal to those for heterosexuals.We are aware that Board of Directors,YWCA of Greater Portland.) many are calling for civil unions for lesbian,gay,bisexual,and This space purchased for$500 in accordance with ORS 251.255. transgender people and some people wish to reserve civil mar- The printing of this argument does not constitute an endorsement by riage for heterosexual couples alone.It is our belief that the State of Oregon,nor does the state warrant the accuracy or truth government sanction should be applied equally.All couples of any statement made in the argument. should be granted civil union licenses or all should be granted marriage licenses. Argument in Opposition In doing so,we are careful to distinguish between civil law,in which no single religious view should predominate,and the right Dear Oregon Voter, of various faith traditions,denominations,and congregations to decide for themselves whether they will perform,support,or rec- My name is Pete Sorenson,an elected Lane County ognize the marriages of people who are lesbian,gay,bisexual, Commissioner. My life and work are rooted in Oregon.I grew up and transgender.Similarly,we wish to distinguish between the in Coos County,graduated from the University of Oregon,ran a necessity for equality in the matter of civil law and coercive gov- private law firm,raised two children,and served as an elected ernmental"marriage promotion"policies that seek to enforce member of the Oregon State Senate.I've been a licensed only one standard of worthiness for people who receive govern- Oregon attorney for 22 years.As a former member on the ment assistance.We uphold equality in civil law and the Senate Judiciary Committee,the committee that considers the principle of free choice in the matter of marriage while rejecting impact of voter approved Constitutional amendments that I want the idea that the worthiness of persons and families is deter- to share my perspective with you. mined by marital status. I firmly oppose Constitutional amendment 36.Oregon's Vote NO on constitutional amendment 361 Constitution should not be amended to deny rights that citizens currently enjoy under that very document. (This information furnished by Dan Stutesman,American Friends Service Committee.) Although this measure does not affect me personally,it affects many people that I know.I believe that Marriage is both a reli- This space purchased for$500 in accordance with ORS 251.255. gious and civil act.Our religious beliefs should be private.We The printing of this argument does not constitute an endorsement by must keep the legal aspects separate from the religious aspects. the State of Oregon,nor does the state warrant the accuracy or truth Oregon's constitution is a legal document designed to expand of any statement made in the argument. and protect the rights of Oregonians.The Constitution was not written to deny specific rights and freedoms that are enjoyed by Argument in Opposition the rest of Oregonians. This measure will deny REAL OREGONIANS some of the most The YWCA of Greater Portland strives to eliminate basic rights that we take for granted.Some of the basic rights racism and discrimination in all its forms and provides include denying partners the right to make hospital visits and growth,education and leadership opportunities medical decisions, blocking inheritance rights,and denying for women and families. people social security benefits after the death of loved ones. The YWCA works towards diversity and non-discrimination. I truly believe that women and men are created equal. Measure 36 will put unequal treatment based on sexual orien- tation Oregon's constitution should not be amended to deny provides:"No law shall be passed granting to any citizen or into the Oregon constitution.The Oregon Bill of Rights Oregonians basic rights. Please join me in voting NO on prov class of citizens privileges or immunities which,upon the same Constitutional amendment 36. terms,shall not equally belong to all citizens."We can disagree Thank you, about social issues,but disagreements should not be resolved in the constitution.Amending the constitution transforms one Pete Sorenson group's current views into a principle that binds us indefinitely. PS.-If you have any questions about the seriousness of this The constitution should give equal protection under the law. measure and why I oppose it,please contact me at Measure 36 specifies different rights for Oregonians,forever. PO Box 10836,Eugene,Oregon 97440 or by calling me at Victims of this amendment would be children and families.Many (541)485-6726 or by sending me an email at families would be denied health care,inheritance rights and the sorenson2004 @ouno.com. ability to make decisions about their life.The amendment could (This information furnished by Peter Sorenson.) restrict adoption policies,and could put children in jeopardy if a parent were to die. Official 2004 General Election Voters'Pamphlet continued 4 90 1 Statewide Measures Measure 36 Arguments This space purchased for$500 in accordance with ORS 251.255. But also vote NO to send a message: The printing of this argument does not constitute an endorsement by STOP WASTING OUR TIME the State of Oregon,nor does the state warrant the accuracy or truth AND GET TO WORK ON OUR REAL PROBLEMS! of any statement made in the argument. (This information furnished by Ernie Pearmine,Gervais.) Argument in Opposition This space purchased for$500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by Unsure how to vote on Constitutional Amendment 36? the State of Oregon,nor does the state warrant the accuracy or truth Ask yourself: of any statement made in the argument. Do you want unequal treatment for gays and lesbians in our Constitution? Argument in Opposition Do you want to take away health care coverage from Oregon The Community of Welcoming Congregations strongly opposes families and children? Constitutional Amendment 36.We are an interfaith association of Do you want to rep vent people from making critical life-saving over 50 communities of faith who each have purposefully and medical decisions for their loved ones? theologically made commitments to welcoming all.We support the gay and lesbian families in our midst and recognize that Do you want to prevent thousands of Oregonians from fair changing the Constitution in this manner would have a negative inheritance rights when their loved one dies,even if it meant impact on their lives. they could lose their family home? While the criteria for marriage is a civil matter,we believe that Do you want to change our Oregon Constitution in a way that equitable treatment of all people is a matter of faith.As people hurts real people in very real ways? of faith,we believe that God has created all of us in the divine image.We hereby assert that equality in marriage is a justice J(your answer to any of these questions is"no"then your answer to Constitutional Amendment 36 MUST be"NO„ issue and strongly encourage equity that crosses all barriers. The Constitution provides protections and individual freedoms (This information fumished by Ellen Lowe,No on Constitutional and should not be used to formally sanction different treatment Amendment 36.) for gay and lesbian families.As clergy leaders and communities This space purchased for$500 in accordance with ORS 251.255. of faith,we support civil marriage equality and encourage The printing of this argument does not constitute an endorsement by religious communities to celebrate the marriages of gay and the State of Oregon,nor does the state warrant the accuracy or truth lesbian couples and their families.The proposed Constitutional of any statement made in the argument. Amendment would harm gay and lesbian families by denying health benefits and other financial protections that keep families Argument in Opposition safe. While we come from different theological perspectives regarding One Guy's View: marriage,we agree that passing this Amendment would create HERE'S ANOTHER REASON TO VOTE NO ON 36 unequal treatment for gay and lesbian families.Therefore,we oppose amending the Constitution in this way.We urge There are a lot of clear reasons to vote against changing the Oregonians to vote NO on Constitutional Amendment 36. Oregon Constitution to exclude gay and lesbians from civil marriage. (This information furnished by The Rev.Tara L.Wilkins,Director,The • First of all,there is no way around the fact that it is unequal Community of Welcoming Congregations.) treatment—and you don't put that in a Constitution. This space purchased for$500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by • And however one might feel about same-sex marriage,it the State of Oregon,nor does the state warrant the accuracy or truth isn't a threat to anyone.When it comes to tradition,live and ofany statement made in the argument. let live is a good strong Oregon value. I'm a 19-year old single straight guy.Two people of the same Argument in Opposition gender getting married certainly doesn't hurt me, now or if and when I get married. Constitutional Amendment 36•Not as simple as it seems. What gets me is that we have to vote on this at all. Putting unequal treatment in our Constitution to ban gay mar- riage impacts more than you might think. Here are 100 of the When I look at my life and my future,here's what I'm worried rights,responsibilities and protections that would be denied to about: Oregon families. • Whether I will be able to get a good job. Which would you want to be denied? • Whether I will be able to afford a home. • Whether my kids(if I chose to have any)will be able to go 1. No automatic right to make health care decisions for to a decent school. partner • If I am going to be able to afford health insurance. 2. No automatic right to visit partner in the hospital And I'm not even going to start on what's going on overseas. 3. No right to sue for wrongful death if partner negligently And that brings me to the other reason to vote no on killed Constitutional Amendment 36, 4. No right to consent or refuse consent to an autopsy of There are a lot of politicians who are psyched to see this on the partner's body ballot because it is a big,fat distraction.They would much pre- 5. No vested right to be buried in cemetery plot with partner fer voters be thinking about gay marriage than about what a lousy job they are doing on the stuff that actually has an impact 6. No automatic right to inherit cemetery plot on our lives. 7. No automatic right to make arrangements for funeral or Vote NO because unequal treatment is wrong. dispose of deceased partner's body Official 2004 General Election Voters'Pamphlet continued 4 91 1 Statewide Measures Measure 36 Arguments 8. No right to donate partner's body or organs after death 32 No automatic paternity for children 9. No automatic right to inherit deceased partner's estate 33 Must testify against partner in a court case 10.Required to comply with childcare facility regulations when 34 Must surrender home to satisfy lien for partner's unpaid caring only for partner's children medical treatment in long-term care facility 11.Required to comply with childcare facility regulations when 35 No right to sue long-term care facility that fails to dis- caring only for partner's children charge lien in a timely manner once overdue charges for 12.A prior will is not automatically revoked when the relation- partner are paid ship ends 36 No right to sell property qualified for farm use assessment 13.No right to be notified in a public notice before partner's to partner without disqualification will is destroyed by an attorney 37 No right to avoid court appointment of a property manager 14.No preference to be appointed personal representative of during foreclosure of partner's home deceased partner's estate 38 No right to maintain a dwelling on EFU(exclusive farm 15.No right to continue to live in the deceased partner's home use)property even if occupied by farm operator's partner for one year after partner's death 39 No right to maintain a dwelling in a farm or forest zone 16.No automatic right to notice in matters involving deceased even if lawfully created or acquired by the owner's partner partner's estate 40 No right as a partner to a landowner to obtain a 17.No right to support from deceased partner's estate "landowner preference tag"for hunting from the Fish& g Wildlife Commission 18.No right to demand one-quarter share of partner's estate if Vote No on Constitutional Amendment 36 will leaves less than that 19.No automatic right to notice that a conservatorship or (This information furnished by Ellen Lowe,No on Constitutional guardianship is being filed against partner unless currently Amendment 36.) living together This space purchased for$500 in accordance with ORS 251.255. 20.May not get highest preference by court to be appointed The printing of this argument does not constitute an endorsement by as guardian or conservator for incapacitated partner the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. Vote No on Constitutional Amendment 36. (This information furnished by Ellen Lowe,No on Constitutional Argument in Opposition Amendment 36.) This space purchased for$500 in accordance with ORS 251.255. Constitutional Amendment 36•Not as simple as it seems. Putting unequal treatment in our Constitution to ban gay mar- The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth rigghtht ri impacts more than you might think.Here are 100 of the of any statement made in the argument. s, responsibilities and protections that would be denied to Oregon families. Argument in Opposition Which would you want to be denied? 41 No right to private visits in long-term care facility Constitutional Amendment 36•Not as simple as it seems. 42 No right to receive personal effects from deceased Putting unequal treatment in our Constitution to ban gay mar- partner's body riage impacts more than you might think.Here are 100 of the rights,responsibilities and protections that would be denied to 43 No access to partner's death record Oregon families. 44 No automatic right of survivorship for jointly owned real Which would you want to be denied? property 21 No right to obtain life insurance on partner 45 No right to loss of support payments from the state crime 22 No uninsured motorist insurance coverage for partner victims'compensation fund if partner killed in a crime 46 No right to family therapy from state crime victims'com- 23 No right to spousal cash surrender valuation of term life insurance on partner pensation fund in case of child sexual abuse 24 No right to coverage under deceased partner's group 47 No right to crisis counseling through state crime victims' health insurance plan. compensation fund if partner is a victim of international terrorism 25 No protection for partner's home in bankruptcy 48 No right to exclude capital gain on principal residence 26 Private conversations with partner are not protected in based on partner's ownership court 49 No court-ordered life insurance upon divorce 27 Conversations with a marriage counselor are not protected 50 No right to deduct partner's medical expenses on income in court tax return 28 No automatic education on fetal alcohol syndrome 51 No right to receive deceased partner's wages 29 No court-ordered counseling upon divorce 52 No right to deceased partner's wage claim against non- 30 No right to crisis counseling through state crime victims' paying employer compensation fund if partner is a victim of international 53 No right to work on partner's farm for less than minimum terrorism wage 31 Partner not responsible for family expenses Official 2004 General Election Voters'Pamphlet ' continued 92 1 Statewide Measures Measure 36 Arguments 54 No eligibility for scholarship if partner is disabled or killed 76.No right to workers'compensation benefits if partner Bis- on the job abled or killed on the job 55 No right to sue for partner's death that was a result of an 77.No right to opt out of workers'compensation insurance as unsafe workplace a family business 56 No right to workers'compensation benefits if partner dis- 78.No right to sue non-employer for negligently killing partner abled or killed on the job on the job 57 No right to opt out of workers'compensation insurance as 79.No right to continue workers'compensation benefits until a family business remarriage if partner is killed or disabled on the job 58 No right to sue non-employer for negligently killing partner 80.A prior will is not automatically revoked when entering a on the job new relationship 59 No right to continue workers'compensation benefits until Vote No on Constitutional Amendment 36 remarriage if partner is killed or disabled on the job (This information furnished by Ellen Lowe,No on Constitutional 60 No right to examine or get copy of autopsy report of Amendment 36.) deceased partner This space purchased for$500 in accordance with ORS 251.255. Vote No on Constitutional Amendment 36. The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth (This information furnished by Ellen Lowe,No on Constitutional ofany statement made in the argument. Amendment 36.) This space purchased for$500 in accordance with ORS 251.255. Argument in Opposition The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth C nnafi+�rtlr,�al Amendment 36 Not as simple as it seems. of any statement made in the argument. Putting unequal treatment in our Constitution to ban gay mar- riage impacts more than you might think.Here are 100 of the Argument in Opposition rights,responsibilities and protections that would be denied to Oregon families. Constitutional Amendment 36:Not as simple as it seems. Which would you want to be denied? Putting unequal treatment in our Constitution to ban gay mar- riage impacts more than you might think.Here are 100 of the 81.No automatic right to special retirement benefit after death rights,responsibilities and protections that would be denied to of partner who was a police officer or a firefighter Oregon families. 82.No right as unmarried couple with children to be treated Which would you want to be denied? as married for workers'compensation rights and benefits 61.No right to receive personal effects from deceased 83.No automatic right to partner's group insurance provided partner's body by public retirement system. 62.No access to partner's death record 84.No right to opt out of unemployment insurance as a family 63.No automatic right of survivorship for jointly owned real business property 85.No right to receive deceased partner's unemployment 64.No right to sell property qualified for farm use assessment benefits to partner without disqualification 86.Required to comply with farm labor contractor regulations 65.No right to loss of support payments from the state crime when working only with partner victims'compensation fund if partner killed in a crime 87.Subjected to employment discrimination laws when hiring 66.No right to family therapy from state crime victims'com- partner in family business pensation fund in case of child sexual abuse 88.Employer can refuse to hire or discharge employee 67.Must pay taxes on employer health insurance benefits for because it employs or has employed partner partner 89.No protection through emergency court orders in case of 68.No right to exclude capital gain on principal residence divorce based on partner's ownership 90.No tax exemption for dividing property upon divorce 69.Must pay taxes on employer health insurance benefits for 91.No dividing retirement plans upon divorce partner 92.No automatic right to receive partner's judicial retirement 70.No right to deduct partner's medical expenses on income pension tax return 93.No automatic right to make retirement selection from 71.No right to receive deceased partner's wages deceased partner's public employee retirement benefit 72.No right to deceased partner's wage claim against non- 94.No automatic right to partner's pre-Medicare insurance paying employer benefit provided by public retirement system 73.No right to work on partner's farm for less than minimum 95.No automatic right to partner's Medicare supplemental wage insurance paid for by public retirement system 74.No eligibility for scholarship if partner is disabled or killed 96.No automatic right to approve partner's public employee on the job retirement choices 75.No right to sue for partner's death that was a result of an 97.No automatic right to special pre-retirement public unsafe workplace employee retirement benefit after death of partner who was a judge Official 2004 General Election Voters'Pamphlet continued 4 931 Statewide Measures Measure 36 Arguments 98.No right for partner of disabled or killed public safety (This information furnished by Becca Uherbelau,Planned Parenthood officer to Public Safety Memorial Fund benefits ColumbiafWillamette,Planned Parenthood Southwestern Oregon.) 99.No automatic right to receive partner's public employment This space purchased for$500 in accordance with ORS 251.255. benefits The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth 100.No right to retired partner's health insurance offered by of any statement made in the argument. local government employers Vote No on Constitutional Amendment 36 Argument in Opposition (This information furnished by Ellen Lowe,No on Constitutional The Central Pacific Conference of the United Church of Christ Amendment 36.) opposes Constitutional Amendment 36.We affirm that mar- This space purchased for$500 in accordance with ORS 251.255. riage's purpose and focus need always be love,wholeness, The printing of this argument does not constitute an endorsement by justice and equality.The right to marry is a matter of loving our the State of Oregon,nor does the state warrant the accuracy or truth neighbors and seeking justice for them.As a civil rights issue, of any statement made in the argument. marriage should be accessible to all Oregonians in committed, loving relationships.All couples should have access to the 1,000 Argument in OppositMon plus rights and responsibilities that come with marriage. "What doth the Lord require of thee but to do justly,and to love Planned Parenthood Advocates of Oregon mercy,and to walk humbly with thy God?"Micah 6:8 Oppose Constitutional Amendment 36: "Thou shalt love the Lord thy God with all thy heart...Thou shalt PLANNED PARENTHOOD SETS THE RECORD STRAIGHT love thy neighbor as thyself."Mark 12:30-31 The Central Pacific Conference of the United Church of Christ is For more than 40 years,Planned Parenthood has been a committed to a society where love and justice abound for all name you can trust in Oregon to provide you with medically- people.The Oregon Constitution should not restrict civil rights accurate information,education and counseling.We oppose and allow unfair treatment of our citizens.The amendment Constitutional Amendment 36 and here's why: process should not be used to solve divisive issues of the MYTH: Those behind this measure are making false moment.Amendment 36 dignifies unfair treatment and under- claims,such as,"Sex-education classes will be mines religious liberty. forced to teach homosexuality as a legitimate Thoughtful people of faith can and do disagree on the issue of option."They claim that this will lead to more people marriage.We respect the right of each religious group to decide being gay and therefore more people dying early whether or not to sanctify any marriage.Our state Constitution from AIDS. should not endorse one religious definition of marriage over FACT: Constitutional Amendment 36 has nothing to do another.Clergy have never been forced to perform any mar- with Oregon's sex education law.ORS 336.455 riages not recognized by their particular beliefs.Our Federal requires"Promote abstinence for school age youth Constitution expressly forbids this under the First Amendment's and mutually monogamous relationships with an establishment clause and its guarantee of the right to the free uninfected partner for adults as the safest and most exercise of religion. responsible sexual behavior. However,abstinence Respect the rights of all religions.Vote NO on Constitutional shall not be taught to the exclusion of other material Amendment 36. and instruction on contraceptive and disease reduc- tion measures." The Central Pacific Conference is composed of 40 worship com- munities in Oregon,with additional churches in Washington and Idaho. Amendment 36 is has nothing whatsoever to do with Oregon's sex ed classes. (This information furnished by Joyce Lifjeholm,Central Pacific Conference MYTH: Supporters of Constitutional Amendment 36 are of the United Church of Christ.) making false claims,such as,"Public Schools will This space purchased for$500 in accordance with ORS 251255. be forced to teach that'gay'marriage is equal to The printing of this argument does not constitute an endorsement by traditional marriage...beginning in kindergarten...". the State of Oregon,nor does the state warrant the accuracy or truth FACT: Constitutional Amendment 36 has no require- of any statement made in the argument. ments related to family life education.Using phrases like"beginning in kindergarten"is the worst Argument in Opposition kind of fear-based tactic designed to scare and mis- lead parents.In reality,Oregon law requires basic A Public School Teacher Urges a No Vote on information we all agree on,such as,"Teach that no Constitutional Amendment 36 form of sexual expression is acceptable when it physically or emotionally harms oneself or others I'm very proud to have served as a public school teacher in and teach pupils not to make unwanted physical Oregon for twenty-two years—in Coos Bay,Albany and St. and verbal sexual advances..." Helens—and over the years,I've really seen a lot. REALITY: Planned Parenthood knows that Constitutional There are all kinds of reasons students succeed or fail at Amendment 36 is completely unnecessary when learning in our public schools.One of the most telling signs of it comes to getting good information to our kids. whether students benefit from school and gain new and improved life skills is how they are treated—by their peers,by PLANNED PARENTHOOD URGES YOU TO VOTE"NO"ON teachers,by parents and by school leaders.Students who are CONSTITUTIONAL AMENDMENT 36, IT'S UNNECESSARY. treated well,and not differently than others,are more likely to Bill Sheppard Planned Parenthood of the succeed.Students who are deficit,even in an area that's not President/CEO Columbia Willamette their fault,have a much more difficult time,because they are Planned Parenthood also treated differently by fellow students,educators and the Southwestern Oregon entire school community. Official 2004 General Election(Voters'Pamphlet continued 4 94 1 Statewide Measures Measure 36 Arguments Constitution Amendment 36 would put unequal treatment for Argument �n Opposition and their families into our state Constitution. It would mean some kids cannot receive health insurance coverage,just because they have lesbian or gay parents.It will mean that some PFLAG Oregon State Council children wouldn't be able to visit one of their gay or lesbian par- (Parents,Families and Friends of Lesbians and Gays) ents in the hospital.It means that some children's legal custody Urges"NO"Vote on Constitutional Amendment 36! could be in question should something happen to one of their gay or lesbian parents. PFLAG Oregon State Council represents hundreds of parents, Oregonians should not be fooled.There are a lot of protections families and friends of lesbians and gays around the state.From Ontario to Coos Bay and from Forest Grove to Klamath Falls,we that kids get from married parents that other kids cannot enjoy simply because they may have lesbian or gay parents. are your neighbors,your friends,and coworkers who love our children,gay and straight.We strive to create a society that is Please join me in opposing Constitution Amendment 36.We healthy and respectful of human diversity and inclusive of our shouldn't handicap any Oregon child with something they carry gay and lesbian children.Oregon's constitution is sacred to the around each and every day,by allowing unequal treatment of protection of our families, their parents. Constitutional Amendment 36 will HURT our families: Elaine Mariman,Columbia City,OR . It singles out our gay and lesbian children for unequal (This information furnished by Elaine Madman,Columbia City,OR.) treatment. This space purchased for$500 in accordance with ORS 251.255. • It denies protections for health care, inheritance rights and The printing of this argument does not constitute an endorsement by the ability to make life-saving medical decisions. the State of Oregon,nor does the state warrant the accuracy or truth . It puts our children and their children at risk. of any statement made in the argument. • It is unfair to our families. Argument in Opposition All of our children should be allowed to protect their spouses and children in times of medical emergency. One thing Americans agree on is that what makes our nation All of our children should be able to provide health care cover- great is our religious freedom and religious diversity.Many of our age for their spouses and children. countries founders fled Europe because they were persecuted for their religious practices.They founded a new nation with a Don't deny Oregon families and children-like ours—health care, Bill of Rights that guarantees religious freedom and protects the inheritance rights and the ability to make life-saving medical right of everyone to freely practice their religion(or not to prac- decisions. tice at all). VOTE NOII Constitutional Amendment 36 seeks to take away that religious • Vote against hurting our families freedom.Churches,synagogues,and other religious organiza- tions have different opinions about same-sex marriage.Many • Vote against putting our children at risk. rabbis,ministers,priests,and their congregants,believe that • Vote against unequal treatment in our Constitution. their religious traditions support and honor the sanctity of mar- riage for all couples,including same-sex couples.We,the Please Protect our Gay and Lesbian Children Religious Response Network,are a group of clergy and people and Their Families of faith of many religions who share this conviction. PFLAG Oregon State Council If Constitutional Amendment 36 passes,then the religious beliefs Asks You to Vote"NO"on of those who support it will be forced upon everyone.People of Constitutional Amendment 36 faith who believe in the sanctity of same-sex marriage will have Patricia Keeney,President,PFLAG Oregon State Council their religious convictions pushed aside by the State.That kind (Parents, Families and Friends of Lesbians and Gays) of government interference is un-American to the core. Elise Self,Co-Chair,PFLAG Eugene/Springfield Chapter Voltaire said,"I may not agree with what you say,but I will PFLAG Mid-Columbia Chapter defend to the death your right to say it."The same principle at PFLAG Portland Chapter the very core of our democracy is at stake here. Mark Hammer,Coordinator,PFLAG Clackamas County Chapter We urge all Oregon voters,no matter what their personal beliefs PFLAG Grants Pass Chapter on marriage,to be patriotic and support the genius of our nation Bill Hayden,PFLAG Salem Chapter —religious freedom.We ask those of you who personally oppose PFLAG(Parents,Family and Friends of Lesbians&Gays), Corvallis/Albany same-sex marriage to stand up for the rights of your neighbors Callis/Albany Chapter Dorothy Leman,Co-President,PFLAG Central Oregon Chapter and vote no.The same principle that protects your right to prac- tice your religion as you wish should protect the rights of your PFLAG South Coast Chapter PFLAG Ashland/Rogue Valley Chapter neighbors who practice their religion differently.Please stand up PFLAG Forest Grove Chapter for your rights and those of your fellow Americans,and keep the state from taking sides in a private,religious debate on marriage. (This information furnished by Patricia Keeney,President,PFLAG Oregon Vote NO on Constitutional Amendment 36. State Council(Parents,Families and Friends of Lesbians and Gays)) (this information furnished by Rabbi Maurice Harris,Religious Response This space purchased for$500 in accordance with ORS 251.255. Network.) The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth This space purchased for$500 in accordance with ORS 251.255. of any statement made in the argument The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. Official 2004 General'Election Voters'Pamphlet ' continued 4 951 Statewide Measures Measure 36 Arguments Argument in Opposition BQJect Constitutional Amendment 36: Oregon does not need Constitutional Amendment 36. Like many The National Organization for Women, measures we have seen before,it has unintended conse- Corvallis Chapter quences.We should not put amendments like this in the Oregon Constitution. Advocates a"NO"Vote on Constitutional Amendment 36 Reject Constitutional Amendment 36: NOW is the National Organization for Women.We are dedicated As social workers,daily we see the real threats to marriage: to making legal,political,social and economic change in our society in order to achieve our goal,of eliminating sexism and . Divorce ending oppression.NOW has more than half a million members . Chemical dependency with 550 chapters around the country,including Corvallis, • Family violence Oregon. • Financial stress Mission: The purpose of NOW is to take action to bring women Constitutional Amendment 36 doesn't do one thing to address into full participation in the mainstream of American the true threats to marriage or to families.This Amendment society now,exercising all privileges and responsibili- won't save one marriage.It will only hurt real families by perma- ties thereof in truly equal partnership with men. nently denying them everyday legal protections we all take for Why Should Oregon Voters Say"NO"to granted. Constitutional Amendment 36? Reject Constitutional Amendment 36: Constitutional Amendment 36 would hurt Oregonians and their Social workers know that families these days come in all shapes families in very real ways: and sizes.What's most important is that every child in Oregon, • Amendment 36 would put unequal treatment for gays and regardless of who their parents are,has the same safeguards lesbians in our Constitution resulting in same-sex couples under the law.Constitutional Amendment 36 puts kids at risk and their families being denied pension and other benefits and would deny them basic legal protections. and legal protections. Voting"NO"on Constitutional Amendment 36 protects Oregon • Amendment 36 would deny many Oregon families and their families from hurtful and unexpected impacts. children access to health care coverage,inheritance rights Please Protect Oregon Families... or the ability to make end-of-life medical decisions. Oregon Social Workers Why Should Oregon Voters Say"NO"to Ask You to Vote"NO" Constitutional Amendment 36? on Constitutional Amendment 36. The Oregon Constitution is designed to protect,not hurt Oregonians. (this information furnished by Scott Manchester,Executive Director, National Association of Social Workers,Oregon Chapter.) • Our Constitution protects our most basic and important This space purchased for$5D0 in accordance with ORS 251.255. rights.Constitutional Amendment 36 singles out some The printing of this argument does not constitute an endorsement by Oregon families for unequal treatment under the law.All our the State of Oregon,nor does the state warrant the accuracy or truth families should be treated fairly, of any statement made in the argument. • Constitutional Amendment 36 will establish unequal treat- ment as a constitutional principle. Unequal treatment is Argument in Opposition always wrong,but it is doubly wrong to put it in our Oregon Constitution. Former Bar Presidents Sav: For 38 years, Unequal Treatment Does Not Belong in Our Constitution the National Organization for Women Constitutions outline the basic principles under which govern- has been dedicated to bringing ments are organized,and Oregon's Constitution clearly states an end to unequal treatment. that equal treatment is one of those basic principles.Article I, Please Vote"NO"on Constitutional Amendment 36, Section 20 of the Oregon Constitution requires government to treat us all equally.It states that all privileges and immunities (This information fumished by Tina C.Empol,President,The National provided by Oregon must be granted equally to all citizens.This Organization for Women,Corvallis Chapter.) statement of equal protection means that Oregonians share in This space purchased for$500 in accordance with ORS 251.255. equal measure all of the benefits and all of the burdens of The printing of this argument does not constitute an endorsement by citizenship.Marriage and its benefits are among the privileges the State of Oregon,nor does the state warrant the accuracy or truth and immunities our government must provide equally. of any statement made in the argument. Constitutional Amendment 36 would be a direct violation of the spirit of our Constitution: Argument in Opposition • Despite our Constitution's strong statement against unequal treatment,Constitutional Amendment 36 turns its back on National Association of Social Workers one of our state's fundamental principles and purposefully Oregon Chapter introduces unequal treatment into our Constitution.If Urges"NO"Vote on Constitutional Amendment 36! Constitutional Amendment 36 passes,our Constitution will Reject Constitutional Amendment 36• say it is acceptable to treat certain Oregonians as second- class citizens.That's wrong. Constitutional Amendment 36 would deny many Oregon families Constitutional Amendment 36 undermines the essence of and children basic needs like: the Oregon Constitution.It conflicts with the letter and spirit • Dependent healthcare coverage of Article I,Section 20.Our history has taught us that • Inheritance and parenting rights unequal treatment is wrong,and hurts not only individual citizens,but our state as well.Citizens should be able to • Emergency medical decisions rely on our Constitution to protect them,not to harm them. Official 2004 General Election Voters'Parnphlet continued 4 961 Statewide Measures Measure 36 Arguments Vote No on Measure 36. Argument in Opposition Unequal treatment does not belong in our Constitution. Kevin K.Strever Judy Henry On July 12,2004,the following resolution was passed unani- Edwin A.Hamden Bernard Jolles mously by the Administrative Council of University Park United Charles R.Williamson Angel Lopez Methodist Church.Subsequently,the entire congregation voted Mark Johnson Robert H.Fraser unanimously to submit it to the Oregon Voters' Pamphlet. Thomas C. Howser Dennis C. Karnopp Lawrence B.Raw RESOLUTION ADMINISTRATIVE COUNCIL OF (This information furnished by Mark Johnson.) UNIVERSITY PARK UNITED METHODIST CHURCH This space purchased for$500 in accordance with ORS 251.255. JULY 12,2004 The printing of this argument does not constitute an endorsement by We are United Methodists who believe that our Christian faith the State of Oregon,nor does the state warrant the accuracy or truth demands social justice and equality.We oppose any state or of any statement made in the argument. federal constitutional amendments or laws defining marriage as being only between one man and one woman.Such amend- Argument 111 Opposition ments treat same gender couples as less than equal,denying them equal protection under the law.This discrimination violates In accordance with the historical testimonies of The God's command that we love our neighbors as ourselves and denies our convictions that all humanity,including gay men and Religious Society of Friends on equality and marriage,the lesbians,are created in God's image.laws urge the defeat of North Pacific Yearly Meeting(NPYM)opposes all attempts to these constitutional amendments or laws at the state and federal deny legal recognition of marriage of same sex couples. level. This statement was agreed to in unity at the 2004 NPYM meet- ing representing over 50 congregations of one branch of Friends (This information furnished by Rev.Dr.Jeanne G.Knepper,Rev.Marcia J. (Quakers)from the five Northwestern States.Quaker meetings in Hauer,co-pastors;University Park United Methodist Church.) Bend,Corvallis,Eugene,Portland,Salem,and the Rogue Valley This space purchased for$500 in accordance with ORS 251.255. also have public statements supporting marriage equality. The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth Since 1989 Oregon Quakers have performed marriages of same t. sex couples;a practice deeply considered from religious,moral, of any statement made in the argument and personal perspectives.We believe such marriages are good and right in the eyes of God.We urge you to respect our reli- Argument in Opposition gious freedoms and beliefs and vote NO on Constitutional Amendment 36 which would limit marriage. Working Families Oppose Unequal Treatment and urge you to Why are Quakers taking a stand contrary to social traditions? VOTE NO ON Constitutional Amendment 36 Quakers have opposed many unjust traditions,such as slavery The language in this amendment is deceptively simple,but will and denying women the right to vote.Laws that enshrine have serious negative consequences for Oregon,for families and unequal treatment of people are wrong.Such laws follow the for business and labor. worst traditions of discrimination.They are at odds with tradi- tions of equality. Constitutional Amendment 36 is wrong for Oregon: • Our Constitution was purposefully designed to provide jus- We support the tradition that marriage vows are a public state- tice and liberty,protect citizens,and to ensure all Oregon ment of love and commitment between two people.Our State citizens receive equal treatment.In the Bill of Rights it is laws should support all marriages equally. stated,"No law shall be passed granting to any citizen or It is not fair that 5%of committed Oregonian couples,including class of citizens privileges,or immunities,which upon the those married by Quaker meetings,are excluded from the hun- same terms,shall not belong to all citizens.' dreds of legal benefits of marriage • Constitutional Amendment 36,sets a dangerous precedent Quakers are not trying to tell anyone what to believe.Similarly, and is a severe deviation from what our founders intended. the State Constitution shouldn't be rewritten making our belief in The constitution-a historical,inclusive and revered docu- marriage equality illegal.Although religions have different views ment,should not be permanently amended in order to on marriage,our laws should provide equal benefits to all. attempt to settle what some may feel is the hotly debated social issue of the day,and to permanently write inequality Churches aren't required to sanction marriages contrary to their into the Constitution.There are many other avenues to beliefs.Equally,churches opposing marriage equality should not debate social issues. impose laws which prohibit us from celebrating marriages according to our beliefs. Constitutional Amendment 36 is wrong for families: • Amending unequal treatment into our Constitution would Support religious freedom.Vote No on Constitutional deny thousands of Oregon families access to health care Amendment 36. coverage,inheritance rights,retirement benefits and equal protection under the law.Oregon families are stronger only (This information fumished by Bonnie Tinker,North Pacific Yearly Meeting when all Oregon families have fair rights and protections. of the Religious Society of Friends(Quakers).) This space purchased for$500 in accordance with ORS 251.255. Constitutional Amendment 36 is wrong for business and labor: The printing of this argument does not constitute an endorsement by Constitutional Amendment 36 would make it impossible for the State of Oregon,nor does the state warrant the accuracy or truth labor unions and employers to offer equitable benefits of any statement made in the argument. packages to all their members and employees.The clear discrimination of not allowing same-sex couples'relation- ships to be recognized by law deprives thousands of families one of the most important attributes of their labor: the ability to take care and provide for their family members. Official 2004 General Election Voters'Pamphlet continued 4; 97 1 Statewide Measures Measure 36 Arguments We urge you to vote NO on Constitutional Amendment 36 This space purchased for$500 in accordance with ORS 251.255. Service Employees International Union Local 503,OPEU The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth (This information furnished by Arthur Towers,Service Employees of any statement made in the argument. International Union Local 503,OPEU) This space purchased for$500 in accordance with ORS 251.255. Argument in Opposition The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth One Oregon Family Speaks Out on of any statement made in the argument. Constitutional Amendment 36 Argument in Opposition Family has always been very important to my wife,our children and me.Joanne and I are third generation Oregonians and have been married 48 years.We both have grandfathers who were These are just a few of the groups and individuals ministers and missionaries.We raised our children in conserva- from across Oregon tive Christian churches.Among other things,my two brothers, Who urge you to VOTE no on Constitutional Amendment 36: my sister and I have had breakfast together every Tuesday for CAUSA,Immigrant Rights Coalition of Oregon over 30 years. Oregon Education Association Joanne and I have three wonderful children-two girls and one The Fair Housing Council of Oregon boy-and area very close family.Fifteen years ago,our son told Columbia County Citizens for Human Dignity us he was gay and I had to address my personal attitude about Rural Organizing Project homosexuality. YWCA of Greater Portland Klamath County Coalition for Human Dignity I finally realized that although my feelings were strong,they The Women's Resource Center of Central Oregon,Bend were based on misunderstanding and poor advice.By reading, Columbia Pacific Alliance for Social Justice,Astoria learning and listening to my son,I realized that gay people have Benton County Board of Commissioners the same desires in life as everyone else.It especially touched Planned Parenthood of Southwestern Oregon me when my son explained that he wanted to find someone to Oregon Safe Schools and Communities Coalition share his life with just like Joanne and I have shared ours.His National Association of Social Workers,Oregon Chapter commitment was just as strong as ours. Corvallis NOW Why should my son not receive society's respect and support Kitty Piercy,Eugene House,Portland just as much as his sisters?We should be encouraging stable, Bradley-Angle Ho committed relationships for solid families even if they are differ- Harry and Merry use,Demarest,Corvallis ent from our own.Constitutional Amendment 36 would do the asco County Citizens for Human Dignity opposite. Wallowa County Peace and Justice Network Tillamook County Citizens for Human Dignity On behalf of my family,I urge you to look in your hearts and see Bruce Abernathy, Bend City Councilor that this amendment would hurt families,not protect them. Linda S.Johnson,Bend City Councilor John Hummel,Bend City Councilor Please vote NO ON Constitutional Amendment 36 Elder Resource Alliance,Portland Metro Area Donald and Joanne L.Ross,Troutdale Outright Libertarians Governor Ted Kulongoski,and Mary Oberst,First Lady of (this information furnished by Donald Ross.) Oregon,Salem This space purchased for$500 in accordance with ORS 251.255. SEIU Local 49 and SEIU Local 503 The printing of this argument does not constitute an endorsement by Richard Matson,Philomath City Councilor the State of Oregon,nor does the state warrant the accuracy or truth Human Dignity Coalition,Bend of any statement made in the argument. State Rep.Kelley Wirth,Corvallis Richard P.Burke,Commissioner,Tualatin Valley Water District State Senator Vicki L.Walker,Eugene Argument in Opposition State Rep.Carolyn Tomei,Milwaukie Cliff Trow,Former State Senator,Corvallis OREGON CLERGY URGE ILWU Local 5 A NO VOTE ON CONSTITUTIONAL AMENDMENT 36 Deschutes County Democratic Central Committee Dan Saltzman,Portland City Commissioner As clergy and as people of faith we urge our fellow Oregonians Kathleen D.Saadat,Portland to reject Constitutional Amendment 36.We have several deep State Senator Kate Brown,Portland concerns about this unnecessary and divisive measure. State Senator Charlie Ringo, Beaverton Putting Unequal Treatment for Gays and Lesbians Portland Women's Crisis Line in Oregon's Constitution Will Not"Protect"Marriage State Rep.RP Joe Smith,Portland National Council of Jewish Women,Portland Section We perform weddings and counsel with couples before they are James Maguire,Chairman,Beaverton Human Rights Advisory wed,and afterwards.We see everyday the true threats to mar- Commission riage:abuse,alcoholism,poverty,infidelity and,ultimately, OnwarclOregon.org divorce.This measure does nothing to address these problems. Peace and Justice Committee,Salem First Congregational Marriage needs no protection from people who wish to enter United Church of Christ,Salem into it in good faith to pledge their love and lifetime commitment. Benton County Democrats A No Vote on Constitutional Amendment 36 Will Not Wasco County Democratic Central Committee Force Any Church or Any Person to Act Against Their Faith Westside National Organization for Women, Portland State Rep.Mitch Greenlick,NW Portland and Beaverton This measure deals only with civil marriage-a government For a full list of endorsers,go to vvww.noon36.com function.There is no threat to any religious tradition. Religious institutions cannot be told who they must or must not marry. (this information fumished by Ellen Lowe,No on Constitutional Amendment 36.) Official 2004 General Election Voters'Pamphlet continued 4 981 Statewide Measures Measure 36 Arguments Our Constitution Must Not Be Used Peace and Justice Committee of First Congregational Church, to Settle Theological Differences. UCC,Salem Just as Oregonians may disagree over marriage,so do different Rev.Michael Powell Arlene August,music minister,Congregational United Church of religious traditions.Some accept same-sex unions,some do Christ, Klamath Falls not.It is a very dangerous step to have our Constitution dictate Susan Alberty theological"winners"and"losers."When the government becins to turn one particular religious school of thought into the funda- David ma minister,Congregational United Church of mental law of the land.every religion is at risk.The very fact that Chrisstt,,Klamath h Falls Rev.Leila A.Shepherd,United Church of Christ there is disagreement on this issue is an important reason not to Pastor Gail hen Hadd Salem put this into our Constitution Pastor Stephen addan,Salem Please Protect the Human Dignity of All People Rev.Caroline Zaworski,First Congregational United Church of and Protect Our Freedom of Religious Expression Christ,Corvallis VOTE NO ON CONSTITUTIONAL AMENDMENT 36 (This information furnished by Rev.Tara Wilkins.) Rev.Barbara Campbell,St.Mark Presbyterian Church, Portland This space purchased for$500 in accordance with ORS 251.255. Rabbi Maurice Harris,Temple Beth Israel, Eugene The printing of this argument does not constitute an endorsement by Rev.J.Todd Smiedendorf the State of Oregon,nor does the state warrant the accuracy or truth Rev.John T.Schwiebert, Metanoia Peace Community ofany statement made in the argument. United Methodist Church (This information fumished by Rev.Tara Wilkins) Argument in Opposition This space purchased for$500 in accordance with ORS 251.255. The following Communities of Faith and Clergy urge you to The printing of this argument does not constitute an endorsement by vote NO on Constitutional Amendment 36. the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. St. Mark Presbyterian Church(PCUSA) Koinonia Catholic Community Artinlnt Ill r<lSitlon Rev.Susan Princehouse,Minister,United Church of Christ g pp Rev.Mary Anthony St.James Lutheran Church The Following Central and Southern Oregon Clergy and Rev.Mary Sue Evers Congregations Urge you to vote NO on Constitutional Havurah Shalom,Portland Amendment 36. Rev.Barbara J.Campbell Catholic Loretto Women's Network,Eugene Rev.Emily A.Champagne,Unitarian Universalist Temple Beth Israel,Eugene Rev.David C. Dornack Springfield Church of the Brethren,Springfield Metropolitan Community Church of Portland Rev. Marsha Dempsey,Pastor, MCC Two-Rivers Rev.Lynne Smouse Lopez,Ainsworth United Church of Christ Faith In Action Rev.Timothy Winslea,PC(USA) Morningside United Methodist Church Rev.Berdell Moffett-Chaney Lucy McIver,Eugene Friends Meeting(Quaker) Cascade Chapter of More Light Presbyterians Rev.Ann Bowersox,Presbyterian Campus Pastor,University of Rev.Casey Moffett-Chaney,Portland Center for Spiritual Growth Oregon Rev.Cort D.Brumfield Rev.Jan Fairchild,Pastor-Springfield Church of the Brethren Rev.Peg Pfab Marion Malcom,Community Alliance of Lane County(CALC) First Unitarian Church Board of Trustees Beth Weldy,Board President,Springfield Unitarian Universalist Rev.Glenna T.Shepherd,Metropolitan Community Church of Fellowship Portland Rabbi Maurice Harris,Temple Beth Israel,Eugene Rev.Judith Youngman Irwin H.Noparstak,MD,Jewish Rev.Cecil Charles Prescod Rev.Jeremy D.Hajdu-Paulen Rev.J.Todd Smiedendorf,Forest Grove United Church of Christ Rabbi Yitzhak Husbands-Hankin,Temple Beth Israel,Eugene AFFIRMATION—GLBT Mormons Rev. Ryan J.Lambert Rev.Diane Dulin Gordie Albi,Catholic Loretto Women's Network Rev.Gary L.Davis,Lake Oswego United Church of Christ Springfield Unitarian Universalist Fellowship Bridgeport United Church of Christ Rev. Elizabeth N.Oettinger Rev.Marcia J.Hauer Rev. Beth Crawford Rev.Joan L.Beck Religious Response Network,Eugene Zion United Church of Christ Rev.Christine Riley,Unitarian Universalist minister Rev.Elizabeth Winslea,PC(USA) First Congregational United Church of Christ,Corvallis Rev.Sylvia J. Eagan Freedom Friends Church,Salem Rev.David Maynard,Eastrose Fellowship Unitarian Universalist Rev. Heather Lynn Hanson Dan Stutesman,American Friends Service Committee Rev.Peggy Senger Parsons, Pastor,Freedom Friends Church Rev.Dr.Patricia S.Ross Rev. Karen E.Crooch,Morningside United Methodist Church Rabbi Daniel J.Isaak Jan Nelson,Morningside United Methodist Church Rev.D.Steven Witte,Oregon Farm Workers Ministry Rev. Richard R.Davis,Unitarian Universalist Congregation of Rev.Susan Leo,pastor, Bridgeport United Church of Christ Salem Rabbi Emanuel Rose Renee Cornwell,United Methodist Church Rabbi Kim L. Rosen Rev.C.Warren Hovland,First Congregational United Church of Rev.Dr.Marilyn Sewell Christ,Corvallis Rabbi Joseph Wolf,Havurah Shalom Dr.Milo L.Thornberry,Pastor,United Methodist Church Rev.Dana Worsnop,Atkinson Memorial Church Rev. Dr.Karen A. McClintock,United Methodist clergy,clinical Rev.W.J.Mark Knutson,Augustana Lutheran Church psychologist Rev.Thomas Disrud,First Unitarian Church of Portland Keshet Coalition Rev.Richard F.Burdon, United Methodist Church Official 2004 General Election Voters'Pamphlet continued 4; 991 Statewide Measures Measure 36 Arguments Eunice Schroeder,Director of Sacred Journey Ministries Argument in Opposition Rev.Denise Andersen The Session of Southminster Presbyterian Church Peace Church of the Brethren Our family urges you to protect Oregon children. Rev.David Siegel,American Baptist All parents have the same worries about what will happen if their Rev. Ellen L.Green,United Church of Christ child is injured in an accident:Will he be OK?Can we get to the Rev.Catherine Tinker,United Church of Christ hospital in time?How can I comfort him? Rev.James O.Bradford,Disciples of Christ Rabbi David Kominsky These were just a few of the questions we asked ourselves Rev.Robert Schaibly when our son Carter,who was five at the time,fell while playing Rev.Katherine Hellier in our family home.His head met the sharp corner of a coffee Rev. Barbara Bellus,Epworth United Methodist Church table,causing a gash that required a frantic trip to the emer- gency room of our local hospital. (This information furnished by Rev.Tara Wilkins.) We arrived at the emergency room worried about our son and This space purchased for$500 in accordance with ORS 251.255. anxious for the doctors to attend to Carter.When the time came The printing of this argument does not constitute an endorsement by for him to receive treatment,we were told only one of us—"the the State of Oregon,nor does the state warrant the accuracy or truth parent"—could enter the room with him. of any statement made in the argument. Quickly,we explained that we were t his parents."One of Argument in Opposition you needs to stay in the waiting room,"we were told again. Not wanting to delay our son's treatment,we chose not to The Oregon Business Community argue.But while waiting for him to receive stitches,a look Opposes Constitutional Amendment 36 around the waiting room made it clear that no other parents were being asked to wait outside for their child.The hospital Oregon's businesses should oppose Constitutional Amendment policy to allow only one parent in the room while a child received because it hurts Oregon families and it hurts Oregon businesses. treatment only applied to our family-all the other injured or sick e..,e..aw.e.,+a�to bad for businesses children were able to have both of their parents comfort and Constitutional •- reassure them as they received treatment. • Constitutional Amendment 36 could harm Oregon's abil- ity to recruit new business and attract tourism.These Our son should be able to have both of his parents by his side spending and investment decisions are usually made by a when he is injured and frightened.Our child deserves the same very narrow margin.Putting unequal treatment for gays and protections as every other child.But if Constitutional lesbians into our constitution could tip the balance in the Amendment 36 passes,it will cause unequal treatment for wrong way. thousands of Oregon families and their children. • Constitutional Amendment 36 could make it harder for Protect Oregon children.Protect Oregon Families. businesses to provide competitive benefits for all Vote No on Constitutional Amendment 36. employees-including same sex couples-which is an Nancy and Peggy Frantz-Geddes,Salem increasingly important recruitment and retention tool. Businesses want simplicity-the ability to offer the same (This information furnished by Nancy and Peggy Frantz-Geddes,Salem) benefits to each employee streamlines benefits and keeps costs down. This space purchased for$500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by • The next generation of entrepreneurs do not support the State of Oregon,nor does the state warrant the accuracy or truth Constitutional Amendment 36.Local polling shows of any statement made in the argument. younger,well-educated voters support equal treatment for gays and lesbians and will vote to reject this measure. Allowing Constitutional Amendment 36 to pass undermines Argument in Opposition the investments Oregon has already made to recruit and retain young,creative entrepreneurs. As nurses,we urge you to Vote No on Constitutional The following businesses and business leaders urge to Amendment 361 Vote"NO"on Constitutional Amendment 36: As nurses,we know Constitutional Amendment 36 will jeopardize the health of gay and lesbian couples and their Harold Pollin Paloma Clothing,Mike Roach and Kim Osgood families: Powell's Books • Constitutional Amendment 36 would deny many families Sho Dozono the ability to quickly and easily make life-saving medical Kalberer Company decisions in the case of an emergency. Peter Bragdon . While some insurers allow domestic partner access to their Joe D'Alessandro policies,many others do not.This lack of coverage leads to For a full list of businesses supporting delayed treatment and higher health care costs for all No on Constitutional Amendment 36, Oregonians. please go to www.noon36.com Constitutional Amendment 36 will force nurses to be (This information furnished by Joe D'Alessandro.) gatekeepers instead of caregivers: This space purchased for$500 in accordance with ORS 251.255. • Banning same sex marriage puts nurses in the difficult The printing of this argument does not constitute an endorsement by position of determining who is next of kin-and deciding the State of Oregon,nor does the state warrant the accuracy or truth who can make medical decisions and who can be present of any statement made in the argument. with a loved one during an emergency.We want to put our efforts into our patient's healthcare,not being gatekeepers. • Federal HIPPA laws allow us to disclose medical informa- tion to spouses and parents,but not necessarily to a Official 2004 General Election Voters'Pamphlet continued- 100 1 Statewide Measures Measure 36 Arguments domestic partner.This makes consultation difficult,and Argument in Opposition delay proper treatment of children and adults. As nurses,we believe in fairness and equality. I'm Just a Kid.Don't Hurt Me On behalf of nurses and health care providers,we urge you to VOTE NO on Constitutional Amendment 36 Vote"No"on Constitutional Amendment 36 Kathleen Sheridan,R.N. Dana Welty,R.N. I like dancing,reading and hanging out with my friends in my Ursula White,R.N. Zannah Martell,R.N. neighborhood.I have two Moms that love me and want the best Mary Beth Yosses,R.N. Carolyn A.Lynnes,R.N. for me William D.Reinhardt,R.N. Madelon Lewis,R.N. But they are afraid,because Constitutional Amendment 36 (This information furnished by Kathleen Sheridan,R.N.) would leave me without protections they say are important: This space purchased for$500 in accordance with ORS 251.255. • Being sure I can get on their health insurance coverage The printing of this argument does not constitute an endorsement by . Allowing both my parents to make decisions if I get hurt the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. • Having both my parent be able to sign permission slips or deal with emergencies at school Argument in Opposition • Knowing that I'm going to stay with one Mom,should anything happen to the other LIBERTARIAN PARTY OF OREGON SAYS I'm just a kid and I just want the same protections that any other VOTE NO ON MEASURE 36 kid needs.Please don't do something that will hurt my family "Churches,not the government,should control the and me. marriage sacrament" Don't Leave Kids Like Me Without Protections When a couple commits their lives to each other,government Vote"No"on Constitutional Amendment 36 has a legitimate role in establishing their legal rights and obligations.But government has no business meddling in the Henry P.Age 14 institution of marriage,which most Oregonians believe to be a holy institution ordained by God. (This information furnished by Sue Kaufman&Laura Schulz,Henry's moms.) Libertarians believe the institution of marriage should be This space purchased for$500 in accordance with ORS 251.255. controlled entirely by our churches and other social institutions, The printing of this argument does not constitute an endorsement by not by government.That is why we oppose Measure 36-it asks the State of Oregon,nor does the state warrant the accuracy or truth the wrong question,sets people of differing faiths against each of any statement made in the argument. other and sets the dangerous precedent of letting government define and control associations among people. Instead of asking who should be able to marry,we should ask if Argument in Opposition government should be involved in marriage at all.Government "All forms of bigotry and discrimination are equally wrong and should provide a legal structure,available to any couple,which e...I would establish legal rights and obligations.Couples could then appeal to everyone who believes in Martin Luther King should be opposed by right-thinking Americans everywhere... go to the church their choice to be"married."Individual dream to make room at the table of brotherhood and sisterhood churches would decide who they will agree to marry or not for lesbian and gay people." marry. Loretta Scott King If you are a conservative supporting this measure,consider this: at the 13th annual Creating Change conference if Measure 36 sets the precedent of allowing government to Reuters,3/31/98 define associations between people,the day will come when Putting Unequal Treatment into Our Constitution liberals will use the same tactic against you. Would Be a Giant Step Backwards for Civil Rights Scratch the surface and you will see that Measure 36 is not about marriage,it is about freedom.If Measure 36 passes, Our nation was founded on high ideals of liberty,equality,and government will effectively co-opt marriage,depriving churches the basic rights due to all people.While we have always lived up of the freedom to control their marriage sacrament. Individuals to those ideals,we must always strive to move forward and not will lose the freedom to make important decisions in their lives. backwards. Measure 36 will set the stage for more government intrusions Civil rights is not always a comfortable subject.And marriage is into our private associations. often the place where that discomfort is first felt.Until the Let's scrap Measure 36 and start over Let's pass a measure that 1960's,the idea of interracial marriage was as controversial respects the rights of all individuals and ensures that gmrem men among Americans as same-sex marriage is today. can no longer intrude into matters of faith. Many states passed constitutional amendments to prevent VOTE NO ON MEASURE 36 people of different races from marrying to"protect the integrity 1-800-829-1992 of marriage."When the Supreme Court overturned those www.lporegon.org amendments,it declared that the"freedom to marry"is a basic right. (This information furnished by Dan Fitzgerald,Libertarian Party of Oregon.) Whenever we allow the rights of a minority to be put to a This space purchased for$500 in accordance with ORS 251.255. vote of the majority,we take a giant step backwards in the The printing of this argument does not constitute an endorsement by struggle for equality of all people. the State of Oregon,nor does the state warrant the accuracy or truth Many of us may be uncomfortable with the idea of gay marriage, of any statement made in the argument. but we must not allow that discomfort to be used to place unequal treatment in our Constitution.We must not use our Constitution to deny rights to our gay and lesbian neighbors, family and friends. Official 2004 General Election Voters'Pamphlet continued 4' 101 1 Statewide Measures Measure 36 Arguments Please say NO to Unequal Treatment. Please say NO to Constitutional Amendment 36 Sen.Avel Louise Gordly Ramon Ramirez Jo Ann Bowman Vice-Chair African American Chamber of Commerce Kathleen Saadat Community Activist Rev.John W.Garlington,III Rev.Dr.Hector E. Lopez Central Pacific Conference of the United Church of Christ (This information furnished by Rev.Dr.Hector E Lopez,Central Pacific Conference of the United Church of Christ.) This space purchased for$500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. Argument in Opposition From the Heart of Grandparents: Vote"No"on Constitutional Amendment 36 This year we celebrated our 55th wedding anniversary.Over the years,we've been through some wonderful times and some pretty tough times,too. One thing we know for sure,being married isn't simple.After the wedding ceremony was over,we found out just how much we rely on each other and how much marriage protected us in times of need.Certainly we counted on each other for love and under- standing,but it was the things we took for granted that mattered so much:the fact that there would always be someone who could make decisions if either one was taken to the hospital,or knowing that if one of us dies the other will keep the house and our nest-egg-no questions asked. We've raised three daughters and have four grandchildren- that's a lot of birthdays and scraped knees.Marriage has been a blessing we hoped each of our children and grandchildren would know, because we can't imagine our lives without each other, protected by our marriage. But Constitutional Amendment 36 would deny many of those protections-big and little things we take for granted-to two of our grandchildren.Because they have two mothers,our grand- kids can't count on the protections marriage brings to a family. They can't count on both their parents being able to make immediate medical decisions on their behalf,or being able to stay with one parent if the other dies. Constitutional Amendment 36 would not only put unequal treat- ment of lesbians and gays into our Constitution,it would put unequal treatment of their families-including our grandchildren -into our Constitution. Unequal treatment doesn't reflect the Oregon values that we raised our family with and it doesn't belong in our Constitution. Please vote"No"on Constitutional Amendment 36. Alea and John deJung,Eugene (This information furnished by Alea and John deJung,Eugene.) This space purchased for$500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. Official 2004 General Election Voters'Pamphlet 1021 Statewide Measures Measure 37 Proposed by initiative petition to be voted on at the General (3)Subsection(1)of this act shall not apply to land use Election,November 2,2004. regulations: (A)Restricting or prohibiting activities commonly and histori- cally recognized as public nuisances under common law.This Ballot Title subsection shall be construed narrowly in favor of a finding of compensation under this act; 37 (B)Restricting or prohibiting activities for the protection of public health and safety,such as fire and building codes,health GOVERNMENTS MUST PAY OWNERS,',OR FORGO and sanitation regulations,solid or hazardous waste regulations, ENFORCEMENT,WHEk CERTAIN LAND USE RESTRICTIONS ; and pollution control regulations; REDUCE PROPERTY VALUE (C)To the extent the land use regulation is required to comply RESULT OF"YES"VOTE:"Yes"vote requites that governments with federal law; pay owners,or forgo enforcement by repealing,changing,not (D)Restricting or prohibiting the use of a property for the applying restrictions,when certain land use restrictions reduce purpose of selling pornography or performing nude dancing. owners'property value. Nothing in this subsection,however,is intended to affect or alter RESULT OF"NO"VOTE:"No vote rejects requiring that rights provided by the Oregon or United States Constitutions;or governments pay owners or forgo enforcement by repealing, (E)Enacted prior to the date of acquisition of the property by changing,not applying restrictions,when certain land use the owner or a family member of the owner who owned the restriotons reduce property value. subject property prior to acquisition or inheritance by the owner, SUMMARY:Currently,Oregon,Constitution requires govern whichever occurred first. ment(s)to pay owner"just compensation"when condemning (4)Just compensation under subsection(1)of this act shall private property or tatting it by other action,including laws be due the owner of the property if the land use regulation con- precluding all substantial beneficial or economically v€able use. tinues to be enforced against the property 180 days after the Measure enacts statute requiring that when state,city,county, owner of the property makes written demand for compensation metropolitan service district enacts or enforces land use regula- under this section to the public entity enacting or enforcing the tion that restricts use of private real property or Interest thereon, land use regulation. government must pay owner reduction In fair market value of affected property interest,or forgo enforcement.Governments (5)For claims arising from land use regulations enacted prior may repeal,change,or not apply restrictions in lieu of payment; to the effective date of this act,written demand for compensa- if compensation not timely paid,owner not subject to restric- tion under subsection(4)shall be made within two years of the tions.Applies to restrictions enacted after"family member effective date of this act,or the date the public entity applies (defined)acquired property.Creates civil right of action including the land use regulation as an approval criteria to an application attorney fees,Provides no new revenue Source for payments. submitted by the owner of the property,whichever is later.For Certain exceptions.Other provisions. claims arising from land use regulations enacted after the effec- tive date of this act,written demand for compensation under ESTIMATE OF FINANCIAL IMPACT-The measure would require' subsection(4)shall be made within two years of the enactment state administrative expenditures to respond to cia€ms for of the land use regulation,or the date the owner of the property compensation of between$1 B million and$44 million per year. submits a land use application in which the land use regulation The measure may require compensation'to landowners.The is an approval criteria,whichever is later amount of state expenditures needed to pay claims for compen- (6)If a land use regulation continues to apply to the subject cation cannot be determined. ? property more than 180 days after the present owner of the There is no financial effect on state revenues. property has made written demand for compensation under this act,the present owner of the property,cr any interest therein, The measure would require local government administrative shall have a cause of action for compensation under this act in expenditures to respond to claims for compensation of between the circuit court in which the real property is located,and the $46 million and$300 million per year. present owner of the real property shall be entitled to reasonable attorney fees,expenses,costs,and other disbursements reason- The measure may require compensation to landowners.The ably incurred to collect the compensation. amount of local government expenditures needed to pay claims for compensation cannot be determined'. (7)A metropolitan service district,city,or county,or state The effect of the measure on local government revenues cannot agency may adopt or apply procedures for the processing of be determined. claims under this act,but in no event shall these procedures act as a prerequisite to the filing of a compensation claim under subsection(6)of this act,nor shall the failure of an owner of property to file an application for a land use permit with the local Text of Measure government serve as grounds for dismissal,abatement,or delay The following provisions are added to and made a part of ORS of a compensation claim under subsection(6)of this act. chapter 197: (8)Notwithstanding any other state statute or the availability (1)If a public entity enacts or enforces a new land use regu- of funds under subsection(10)of this act,in lieu of payment of lation or enforces a land use regulation enacted prior to the just compensation under this act,the governing body responsi- effective date of this amendment that restricts the use of private ble for enacting the land use regulation may modify,remove,or real property or any interest therein and has the effect of reduc- not to apply the land use regulation or land use regulations to ing the fair market value of the property,or any interest therein, allow the owner to use the property for a use permitted at the then the owner of the property shall be paid just compensation. time the owner acquired the property. (2)Just compensation shall be equal to the reduction in the (9)A decision by a governing body under this act shall not be fair market value of the affected property interest resulting from considered a land use decision as defined in ORS 197.015(10). enactment or enforcement of the land use regulation as of the (10)Claims made under this section shall be paid from funds, date the owner makes written demand for compensation under if any,specifically allocated by the legislature,city,county,or this act. metropolitan service district for payment of claims under this Official 2004 General Election Voters'Pamphiet ! continued 1031 Statewide Measures Measure 37 act. Notwithstanding the availability of funds under this subsec- Explanatory Statement tion,a metropolitan service district,city,county,or state agency Ballot Measure 37 adds a new statute to ORS chapter 197.As shall have discretion to use available funds pay claims or to specified in the measure,the owner of private real property is modify,remove,or not apply a land use regulation or land use regulations pursuant to subsection(6)of this act.If a claim entitled to receive just compensation when a land use regulation has not been paid within two years from the date on which it is enacted after the owner or a family member became the accrues,the owner shall be allowed to use the property as owner of the property if the regulation restricts the use of the permitted at the time the owner acquired the property. property and reduces its fair market value. (11)Definitions—for purposes of this section: If a property owner proves that a land use regulation restricts the use of the owner's property,and reduces its value then the (A)"Family member"shall include the wife,husband,son, government responsible for the regulation will have a choice: daughter,mother,father,brother,brother-in-law,sister,sister-in- pay the owner of the property an amount equal to the reduction law,son-in-law,daughter-in-law,mother-in-law,father-in-law, in value or modify,change or not apply the regulation to the aunt,uncle,niece,nephew,stepparent,stepchild,grandparent, owner's property. or grandchild of the owner of the property,an estate of any of the foregoing family members,or a legal entity owned by any The measure allows the state,county,city or metropolitan one or combination of these family members or the owner of service district to adopt procedures for processing claims for the property. compensation,but prohibits those procedures from being treated as a prerequisite to the filing of a claim in circuit court. (B)"Land use regulation"shall include: The measure does not apply to commonly and historically (i)Any statute regulating the use of land or any interest recognized public nuisances,public health and safety regula- therein; tions,regulations required to comply with federal law,and (ii)Administrative rules and goals of the Land Conservation regulations restricting or prohibiting the use of a property for the and Development Commission; purpose of selling pornography or performing nude dancing. (iii)Local government comprehensive plans,zoning ordinan- The measure specifies that compensation is due if the regula- ces,land division ordinances,and transportation ordinances; tion remains in force 180 days after the owner makes written demand for compensation.After that time,the present owner (iv)Metropolitan service district regional framework plans, may file an action in the circuit court in the county in which the functional plans,planning goals and objectives;and property is located.The measure also specifies that the present owner is entitled to reasonable attorney fees,expenses, (v)Statutes and administrative rules regulating farming and costs and other disbursements reasonably incurred to collect forest practices. compensation. (C)"Owner"is the present owner of the property,or any The measure provides no new revenue source for payments,if interest therein. any,required under this measure. (D)"Public entity"shall include the state,a metropolitan The measure defines several terms that are used in the statute service district,a city,or a county. including"family member"which is defined as wife,husband, (12)The remedy created by this act is in addition to any other son,daughter,mother,father,brother,brother-in-law,sister, remedy under the Oregon or United States Constitutions,and is sister-in-law,son-in-law,daughter-in-law,mother-in-law, not intended to modify or replace any other remedy. father-in-law,aunt,uncle,niece,nephew,stepparent,stepchild, grandparent,or grandchild of the owner of the property,an (13)If any portion or portions of this act are declared invalid estate of any of the foregoing family members,or a legal entity by a court of competent jurisdiction,the remaining portions of owned by any one or combination of these family members or this act shall remain in full force and effect. the owner of the property. Committee Members: Appointed by: David Hunnicutt Chief Petitioners Dale Riddle Chief Petitioners Bernie Bottomly Secretary of State Patricia McCaig Secretary of State Jack Roberts Members of the Committee (This committee was appointed to provide an impartial explanation of the ballot measure pursuant to ORS 251.215.) Official 2004 General Election Voters'Pamphlet continued-3i 1041 Statewide Measures Measure 37 Arguments 1.5 million of your taxpayer dollarsill Argument�in Favor That's 1.5 million of taxpayer dollars for land that we would VOTE YES FOR MEASURE 37 have voluntarily sold to them for$14,000.What a waste. "Whether you own property or not you benefit from protecting We support Measure 37 because it will cut down on endless property rights,just as you benefit from free speech whether you litigation like ours.If Measure 37 would have been in place in exercise that right or not".Thomas Sowell 1987,the City of Tigard would have purchased our land for $14,000,instead of fighting us every step of the way and even- That is why the framers included in the Fifth Amendment to tually wasting$1.5 million hard earned tax dollars. the Constitution a protection for private property.."Nor shall pri- vate property be taken for public use without just What happened to our family is unfair--the current system compensation". forces ordinary Oregon property owners into years of costly and stressful litigation just to be compensated for what everyone Government regulators tend to view the taking clause of the agrees is fair. Fifth Amendment as an unfortunate obstacle. It is far easier for them to achieve their ends by taking from a few property owners Please help fix the system...Please vote Yes on Measure 37. than it is to tax all the voters to pay just compensation. (This information fumished by Dan Dolan.) Government depends upon taxpayers to generate wealth and This space purchased for$500 in accordance with ORS 251.255. taxpayers depend upon security in their financial affairs(clear The printing of this argument does not constitute an endorsement by title for ownership).Therefore,property rights need to be taken the State of Oregon,nor does the state warrant the accuracy or truth seriously and are essential to the generation of wealth upon of any statement made in the argument. which all government depends. George Washington said"Freedom and property rights are Argument in Favor inseparable.You cannot have one without the other". According to Saint Thomas Aquinas:"Private ownership of Oregon Farmers Ask That You Vote Yes On Measure 37. property is the best guarantee of a peaceful and orderly society People work hard for their property.Whether a home or a saving for it provides maximum incentive for responsible stewardship". Our Oregon Century Farms are an excellent example of this. account,your property is the result of hard work and effort.NQ one should be able to use a legal loophole to take away your This measure is an effort to require just compensation for property without compensation.Especially not government. government actions that diminish the value of private property. Over the past years we have seen state and local governments We recommend a YES vote. take the use and value of private property by using a loophole in Jerry A.Dyksterhuis,Farmer the law.Sure,they tell you that you can fight them in court....but Deanna Dyksterhuis,Farmer it will take years and your attorney fees alone will likely exceed the value of your property.That is not fair and they know you Scott E.Dyksterhuis,Farmer can't afford it. Gylan Mulkey Measure 37 closes the loophole and streamlines the process. Gwendolyn J.Mulkey No one has the right to take private Dro e�rty without compensa- Rita Swyers tion not even government—that is why we need Measure 37. Josephine County Farm Bureau asks that you (This information furnished by Deanna Dyksterhuis.) vote yes on Measure 37. This space purchased for$500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by (This information furnished by Keith Nelsen,President,Josephine County Farm Bureau.) the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. This space purchased for$500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth Argument in Favor of any statement made in the argument. The Current System Is Broken-And It Costs Argument, Favor Everybody Money lment The Dolan family urges you to support Measure 37 Dorothy English In 1987,we asked the City of Tigard for permission to expand I am a Chief Petitioner for Ballot Measure 37.Some say I am the our local plumbing store.The City agreed,but they then said poster child for Ballot Measure 37. they would not issue a building permit unless we gave them a significant portion of our property for a bike path. My husband and I purchased our property in 1953.It was our dream to someday divide the property,give some of it to our We told the City that we would sell them the land they wanted children and grandchildren,and sell the remained for our retire- for$14,000,which was the fair market value of the land. ment.We have always paid our taxes,and never been on any But the City said no,and told us that we would not get our type of tax deferral. permit unless we turned over our land for free. Nevertheless,Multnomah County zoned our property as com- We spent the next 10 years fighting the City through a maze of mercial forest land even though there isn't a commercial timber legal bureaucracy--all over a$14,000 strip of land.We went to operation anywhere near our property.What's more,Multnomah the Oregon Land Use Board of Appeals,the Oregon Court of County knows our property is mis-zoned,but refuses to do Appeals,the Oregon Supreme Court,the United States Supreme anything about it. Court,and back down again. Oregon's land use system is supposed to be balanced and fair. Finally,after 10 years of fighting,the City paid for an easement It is neither.Multnomah County has made it perfectly clear to across our land and paid our attorney fees.The cost-- me,and many other property owners,that the county intends to Official 2004 General,Election Voters'Pamphlet continued 4 1051 Statewide Measures Measure 37 Arguments be neither balanced nor fair. Argument 1!1 Favor Kulongoski told Multnomah County that he sympa thized with my problem and asked the County to work with me Oregon Family Farmers Ask For A Yes Vote on Measure 37: to help resolve my case. The Voters Have Already Spoken;Government Should Not But the County refused to help.Multnomah County Chairwoman Be Able To Take Property Without Compensation Diane Linn even personally asked the Governor to veto a bill that would have restored some of the rights my husband and I had In November 2000 voters overwhelmingly voted in favor of when we first purchased the property-that is how unfair Measure 7 which required compensation to property owners Multnomah County has been. when government take private property.The Oregon Supreme Court threw-out Measure 7 on a technicality....Measure 37 Opponents of Ballot Measure 37 are trying to scare the voters restores the will of the Oregon voters. into opposing this measure.Please do not believe their scare tactics.Ballot Measure 37 will help senior citizens like myself The Current System Needs to Be Fixed recover what has been stolen from us. Currently government and property owners are forced to spend Oregon's land use system is in need of repair.Our elected millions and millions per year in litigation and process.Propert y leaders,community leaders,and newspapers,are unwilling to owners should not be required to submit application after appli- support the necessary changes.It's time for Oregonians to do cation to the government to receive what they deserve, the work ourselves.It is time we say"no"to the scare tactics Measure 37 corrects this problem and streamlines the process— and restore fairness and balance to the system. this will save the property owners and taxpayers money. Thank you for taking the time to read my comments.Please vote The Current System Only Helps A Few.... yes on Ballot Measure 37. Hurts Small Farmers (This information furnished by Dorothy English.) The only way to be treated fairly by the current system is to have This space purchased for$500 in accordance with ORS 251.255. the financial means to litigate,and therefore negotiate,with the The printing of this argument does not constitute an endorsement by bureaucracy.That's why you may see some big and corporate the State of Oregon,nor does the state warrant the accuracy or truth farmers opposing Measure 37...the current system works for the of any statement made in the argument. big guys. Measure 37 will help small farmers,small property owners and Argument in Favor the average homeowner when they face the power of govern- ment taking private property. THE OREGON HOMEOWNER'S ASSOCIATION All of Us Work Hard For Our Property ASKS FOR YOUR VOTE ON MEASURE 37 If state or local governments want to take your property then Measure 37 is Critically Needed they should be required to pay for it. If you are like most Oregonians,your home and property is your Measure 37 Is Simple most valuable asset. If you have any questions about Measure 37...just read the What would you do if you were stripped of the value of your Measure. It is simple and straightforward. Measure is about home by regulations that were changed overnight,without restoring fairness to an expensive,broken process. warning? The Oregon Family Farm Association PAC asks you to vote Unfortunately,this is an all too common occurrence in Oregon. yes on Measure 37. Based on misguided notions of the public good,politicians and planners have created a never ending stream of new laws and (This information furnished by Larry George,Oregon Family Farm restrictions that destroy your investment,your hopes,and your Association.) dreams. This space purchased for$500 in accordance with ORS 251.255. This needs to stopl The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth Measure 37 is Homeowners' Insurance of any statement made in the argument. We all buy home insurance to protect our property from floods, fires,and other natural disasters. Argument in Favor But you can't buy insurance to protect your home from unexpected changes in property regulations. Jim Watts Measure 37 fills that gap,and doesn't cost a dime! Until this year,I owned three parcels outside of Sisters. I paid a handsome price for each parcel,because I was able to build a Ballot Measure 37 is a family's first and best line of defense for house on each parcel. protection of their property. Because I am disabled,and limited in the work I can do,I pur- No one should have to worry about their home and property chased these parcels as an investment for my retirement. being taken away by an overreaching government bureaucrat. It's your property,your hard work,and your investment. Unfortunately,with no warning or notice to me,the regulations on my property were changed.These changes took away my Protect it by voting Yes on Ballot Measure 37. right to build a home on each parcel. (This information furnished by Leigh Foxall,Oregon Homeowners With the stroke of a bureaucrat's pen,my property was stolen. Association.) And so,in 1998,I began a long odyssey to restore my rights. This space purchased for$500 in accordance with ORS 251.255. Finally,after five years of countless hearings, legal paperwork, The printing of this argument does not constitute an endorsement by meetings with lawyers,and multiple application fees,I got my the State of Oregon,nor does the state warrant the accuracy or truth rights back. of any statement made in the argument. I was one of the lucky ones.Unlike so many other governments, Official 2004 General Election Voters'Pamphlet continued 4 1061 Statewide Measures Measure 37 Arguments Deschutes County worked hard to help correct the laws which Linda Flores,State Representative stripped my property of its value. Gene Whisnant,State Representative So why did it take five years to get back what was stolen from Dennis Richardson,State Representative Jerry me?Because one couple fought every effort I made to restore Nelson, State Representative N Donna Nelson, my rights.They even argued that my property was needed for State Representative Cliff farming because a neighbor had once grown marijuana on his ,State Representative property! Tootle Smith,State Representative Jeff Kropf,State Representative Opponents of Measure 37 falsely claim that Measure 37 will Gordon Anderson,State Representative create a new and burdensome process. I fought for five years to Susan Morgan,State Representative restore rights that were taken from me.Isn't that a burdensome Wayne Scott,State Representative process? (This information furnished by David J.Hunnicutt,Family Farm Do you have five years and thousands of dollars available to Preservation PAC.) fight for the right to live on your property?There is no process This space purchased for$500 in accordance with ORS 251.255. that is more burdensome or expensive than what we currently The printing of this argument does not constitute an endorsement by have in Oregon. the State of Oregon,nor does the state warrant the accuracy or truth Measure 37 presents a streamlined process that treats all of any statement made in the argument. Oregonians equally.Had Measure 37 been in place when I pur- chased my property,I would not have had to go through five Argumen# 111 Favor years of hell in order to restore my rights. If Measure 37 passes,you won't have to. SMALL BUSINESSES SUPPORT MEASURE 37 Please support Measure 37. On behalf of the Oregon chapter of the National Federation of Independent Business(NFIB),please join me in voting yes on (This information furnished by Jim Watts.) Ballot Measure 37. This space purchased for$500 in accordance with ORS 251.255. Small businesses are the heart and soul of Oregon communi- The printing of this argument does not constitute an endorsement by ties.Small business owners are community leaders,volunteer the State of Oregon,nor does the state warrant the accuracy or truth coaches,mentors,and church leaders.NFIB/Oregon is dedi- of any statement made in the argument. cated to protecting the interests of small businesses throughout the state. Argument in Favor But over the years,small businesses have increasingly become the focal point for new and more burdensome regula- STATE LEGISLATORS SUPPORT MEASURE 37 tions on our right to own and use property. As your elected state legislators,we strongly support the pas- These regulations are often well intentioned but they have the sage of Measure 37. effect of making it difficult or impossible for our members to stay We have all heard the heart wrenching stories of Oregonians in business.This hurts every Oregon community,especially our whose hopes and dreams were destroyed by land use regula- smaller towns. tions placed on their property after they purchased it. You've probably heard some of the horror stories—the An elderly farmer loses the right to divide his farm to give to his City of Portland demanding$36,000 in fees from a restaurant children.A couple lose the right to live on their lot in a sub- owner who wanted nothing more than to move his restau- division because their property has a"scenic view."A young rant across the street,or the City of Tigard demanding a family loses the right to put a swing set in their backyard $37,000"traffic impact fee"from a company that wanted to because it would"disturb the natural area." improve its offices for its existing employees,but would not create any new traffic. These types of examples,and many others,are why Measure 37 is so important.People work hard to save enough money to buy Making it more difficult for businesses to grow and expand property.No one should take property without compensation— hurts our economy and our public sector. not even the government. Fortunately,Measure 37 will help ease that burden.Measure But more than that,Measure 37 provides an economic boost 37 levels the playing field between private citizens and that small that Oregon so desperately needs. By allowing state and local but powerful segment of state and local government that wants government to return the property rights they have taken from to impose more and more regulations on our private property. Oregonians instead of paying compensation, Measure 37 allows And Measure 37 contains important exceptions to help main- Oregonians to use their land to create jobs,boost property and tain well-planned and livable neighborhoods. income tax revenues,and help fund essential government services.And this is all accomplished not through raising taxes, Small business owners should not have to live in fear of but by putting more faith in people and the private sector.What having the rug pulled out from under their feet by new property a concept! restrictions that destroy their property's value and make it harder for their business to survive. The right to own and use property is what makes America the greatest country on Earth.Measure 37 protects that right.That's Its your property,its your investment,and its your hard why we support it.We hope you will too. earned money.Measure 37 protects that investment. Jackie Winters,State Senator Please vote yes on Measure 37. Steve Harper,State Senator Bruce Starr,State Senator (This information furnished by J.L.Wilson,National Federation of Gary George,State Senator Independent Business/Oregon.) Bill Fisher,State Senator This space purchased for$500 in accordance with ORS 251.255. Charles Starr,State Senator The printing of this argument does not constitute an endorsement by Roger Beyer,State Senator the State of Oregon,nor does the state warrant the accuracy or truth Tim Knopp,State Representative of any statement made in the argument. Official 2004-General Election Voters'Pamphlet Continued 4 1071 Statewide Measures Measure 37 Arguments Please join the Deschutes County Farm Bureau in voting YES on Argurnent in Favor Measure 37. Jim Parker Thank you. My wife and I own a home on 1.5 acres located in Beaverton, (This information furnished by Matt Cyrus,Deschutes County Farm Oregon.We have owned the property for 39 years.When we Bureau) purchased our home,one of the unique features was a creek on This space purchased for$500 in accordance with ORS 251.255. the property.Approximately four years ago the City of Beaverton The printing of this argument does not constitute an endorsement by came up with a plan that was intended to protect wildlife habitat the State of Oregon,nor does the state warrant the accuracy or truth in the stream. of any statement made in the argument. Originally,Beaverton's plan was to redirect the creek to an area of my property that was considered to be a wetland.However, Argument in Favor the city changed its mind and diverted the creek elsewhere, along a nearby road.As a result,the creek bed on my property Matt Roloff is now dry and the wetland is hardly wet at all.But this was just the beginning of our problems. We own a 25 acre pumpkin patch and peach orchard in rural that my property no longer has an active creek Washington County.My wife and I are limited in our ability—not Despite the fact running through that nor does it have a"wet"wetland on i by our desire but rather by our physical limitations.I am the Past-President of the Little People of America,an association Metro recently mapped our home as"wildlife habitat"and is considering placing severely restrictive environmental overlay dedicated to improving the lives of little people across the zones on nearly all of our property. country.My wife and I purchased our farm with the hopes of raising our children in a rural setting. The irony of our situation should not be lost.There is no On our farm we grow pumpkins and peaches,depending on the "wildlife habitat"on our property because the City of season.We have built some play structures including an Old Beaverton dried up the creekl Nevertheless,we are going to West Town,a Pirate Ship,a Treehouse,and a Castle,for our lose all of our rights because the government wants to kids,but they are also available to the public during the harvest protect wildlife habitatl If the government wants to protect season.Over the years,our farm has become a regular spring habitat,the City of Beaverton shouldn't have dried up the and fall destination for families who want to make a day out of creek. selecting their pumpkins or picking peaches. And who is going to pay for this?My family.We are going to One of our competitors in Washington County filed a complaint have to bear the burden of the cost of preserving this"habitat". and demanded that Washington County shut down our farm.I We won't be allowed to"disturb"any of our property because will not back down,and because of that,Washington County doing so would disrupt the non-existent wildlife on the dry creek continues to try to stop our family,despite the fact that numer- bed. ous farms across the county engage in exactly the type of Ballot Measure 37 will protect people from ridiculous regulations business practices that we do. by protecting the rights you had at the time you bought your Aren't Oregon's land use laws supposed to protect farms? property.Please join me in supporting Ballot Measure 37. Apparently not. (This information fumished by Jim Parker.) That's why we support Ballot Measure 37.If the government This space purchased for$500 in accordance with ORS 251.255. wants to apply the law to some farmers but not others,then we The printing of this argument does not constitute an endorsement by all need protection from the government.What happens when the State of Oregon,nor does the state warrant the accuracy or truth the government doesn't like you?Right now there is no protec- of any statement made in the argument. tion in the law.Ballot Measure 37 gives you that protection. Please join us in supporting Ballot Measure 37,Protect Argument in Favor'' rights for all Oregonians,not must those the government likes. Deschutes County Farm Bureau (This information fumished by Matt Roloff.) Yes On Measure 371 This space purchased for$500 in accordance with ORS 251.255. Measure 37 is very simple.If government takes your property, The printing of this argument does not constitute an endorsement by then government should pay for it. the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. Just because government has found a loophole,that doesn't mean that Oregon voters should allow property owners to Argul�tent in Favor to lose property without compensation.To fight these "takings"in court,it takes years of expensive litigation,which they know we cannot afford. OREGON EMPLOYERS SUPPORT MEASURE 37 State and local governments realize that Oregon's family farms As some of Oregon's largest employers,we support Ballot and ranches are already under great financial pressure and we Measure 37. can't fight back. Our companies employ thousands of Oregonians throughout the It shouldn't cost private property owners thousands of state.We understand that a fundamental key to a healthy econ- dollars in litigation and attorney fees to receive what is fair. omy is a respect for the ability of every citizen to own and use These"takings"are happening to farmers,ranchers,and home- property. owners all over Oregon...and the system needs to be fixed. Without this ability,our companies would not be successful,we would not have jobs for our employees,and we would be unable Oregon voters overwhelming approved Measure 7 in 2000...but to serve our local communities. the Supreme Court threw it out on a technicality.Measure 37 will make it clear that Oregon voters want property owners to be Unfortunately,the ability to own and use property in Oregon is treated fairly. under constant attack,more so than in any other state in the Official 2004 Generat Election Voters'Pamphlet continued 4' 1081 Statewide Measures Measure 37 Arguments United States. example,one property owner in Deschutes County asked the The delicate balance between needed property regulations and County to correct a zoning mistake that nearly eliminated the free enterprise is skewed to the point where it is hard for Oregon property owner's ability to use his land,and destroyed its value. When the County attempted to correct its error,one private companies to compete with our neighboring states, much less in a global marketplace.This is one reason why Oregon consis- citizen created roadblocks to the County efforts.It took nearly tently ranks among the states with the highest unemployment six years to fix an error that should have been fixed overnight. rate. Measure 37 will streamline the process and reduce costs to And that is why Measure 37 is so critically needed, property owners and taxpayers.We strongly urge taxpayers to support Measure 37. Measure 37 strikes a balance between regulation and the free Oregon Citizens For A Sound Economy PAC market.It ensures that no Oregon citizen or business,large or small,is singled out to bear the burden of property restrictions (This information furnished by Russell Walker,Oregon Citizens For a that are designed to benefit us all. Sound Economy PAC.) At the same time,Measure 37 does not apply to regulations to This space purchased for$500 in accordance with ORS 251.255. protect the public health and safety,like pollution control laws or The printing of this argument does not constitute an endorsement by health and safety codes. the State of Oregon,nor does the state warrant the accuracy or truth Without Measure 37 and the additional protection for property of any statement made in the argument. owners it provides,there will be less opportunity for businesses to grow and expand in Oregon.That hurts us all,and hurts our Argument in Favor schools and other vital public services,which depend on private enterprise for funding. Tim and Casey Heuker We are proud of our Oregon heritage and proud to endorse On December 31 st,2000,we were the proud owners of a Measure 37.Please vote Yes on 37. beautiful three-bedroom home with an unobstructed view of the Aaron U.Jones,President,Seneca Sawmill Company Columbia River.On January 1 st,2001,our home burnt to the Michael A.Fahey,President,Columbia Helicopters ground. Robert Freres Jr.,Freres Lumber Co. Inc. After recovering from the shock of losing our home to fire,we Joan Austin,Executive Vice President,A-dec,Inc. immediately applied for a building permit.Our permit was Steven D.Swanson,Swanson Group,Inc. originally approved by Multnomah County. (this information fumished by David J.Hunnicutt,Family Farm We thought everything was finished.But our nightmare was Preservation PAC.) just beginning. This space purchased for$500 in accordance with ORS 251.255. The Columbia River Gorge Commission,along with a group The printing of this argument does not constitute an endorsement by calling themselves the"Friends of the Gorge,"began tormenting the State of Oregon,nor does the state warrant the accuracy or truth our family in a fight which has taken three years,thousands of of any statement made in the argument. dollars,and placed considerable emotional strain on our family. And why did they fight our application? Because they wanted us Argument in Favor to plant over$100,000 in new trees and shrubs in front of our home so that it couldn't be seen from the river. Oregon Citizens For A Sound Economy PAC And all we wanted to do was rebuild our family home. Urges You To Vote YES On Measure 37 Oregonians work hard for their property-if government It is unbelievable to us that we were treated this way.Our night- wants to take private property government should pay for it. mare lasted over three years and cost us thousands of dollars. How can anyone believe that this is fair? Measure 37 Will Stop the Hidden Tax A simple,easy to understand,process such as such as Oregon's state and local governments have found a loophole Ballot Measure 37 will allow homeowners like us to avoid a that allows them to take private property without compensating three-year delay simply because we want to rebuild our the owner.The only option is for the property owner to sue, home. spending thousands of dollars in litigation fees.This is unrealistic. Measure 37 is homeowner's insurance from delay,stall tactics, Because people cannot afford to fight,government gets their and costly litigation. property for free.That's wrong.Taking property and destroying Please join us in supporting measure 37,and protecting the people's investments is an unfair,hidden tax on average rights of homeowners in Oregon. Oregonians. Measure 37 Will Help the Economy and Increase Jobs (this information furnished by Tim Heuker,Casey Heuker.) Many businesses are afraid to build in Oregon when we have a This space purchased for$500 in accordance with ORS 251.255. system that can take private property without compensation. The printing of this argument does not constitute an endorsement by Measure 37 gives security to property owners,so they know the State of Oregon,nor does the state warrant the accuracy or truth they can use their property for what it is zoned for.That will of any statement made in the argument attract new businesses to Oregon and create more jobs. Measure 37 Will Save Taxpayers Money and Streamline the Argument IA Favor Process It costs hundreds of thousands of dollars to challenge an unfair Oregon Cattlemen's Association Supports Measure 37 property regulation today.These challenges clog up the judicial Measure 37 is needed to help the environment and the system,cost the taxpayers money,and create years of economy frustration. And even when the local government wants to help,one Unlike most industries,we make our living from the land.As a dedicated obstructionist can delay the process for years.For result,we have a keen interest in preserving our property and being good stewards of the land,so that we can provide the Official 2004;General Election Voters'Pamphlet continued 109 1 Statewide Measures Measure 37 Arguments public with quality Oregon grown beef. This space purchased for$500 in accordance with ORS 251.255. But too often,well-intentioned but misguided politicians create The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth new laws and regulations which make it harder for us to use our of any statement made in the argument. land and stay in business.Rather than helping the environment, these regulations hurt the environment,as more and more beef is imported from third world countries where people don't own Argument in Favor their land and have no incentive to protect it. Measure 37 protects our property rights,protects our invest- OREGONIANS IN ACTION URGES ments,and makes sure that politicians think about the impact of A YES VOTE ON MEASURE 37 new regulations on all Oregonians,including property owners. Treating people fairly is a foundation of our country. Measure 37 reduces costly litigation If you are like most voters you know that government is required Measure 37 sets-up a straightforward process to require govern- to pay you if they take your land-in fact,its required by the ment to pay landowners when newly created laws or regulations Constitution. cause a loss in value to their private property.Presently,the Most of the time,government complies with the Constitution Oregon Constitution states that state government must pay if it and pays for what it takes. "takes"private land for the public benefit. But"takings"law is so convoluted that there is little hope of compensation when gov- But sometimes,instead of paying for what it wants,govern- ernment regulations reduce the value of private property. ment decides that it can simply adopt a law that makes it impossible for a landowner to use his land. A restored balance that is fair. This is like telling your neighbor he can't live in his house,and Ultimately this state must seek to ensure a balance between then offering to buy it from him at pennies on the dollar. e n vi ronmental and economic concerns in our land use decisions. Measure 37 restores that balance and protects property owners. In order for a landowner to challenge a government regulation New land use restrictions will still be an option,but under that takes away the value of his property,a landowner must fight Measure 37 landowners won't be asked to bear the entire cost a long and costly court battle.This is fine for large corporations of those restrictions. or a few wealthy land barons. Measure#37 brings much needed balance and But the thought of paying lawyers hundreds of thousands of fairness to the process. dollars to fight a court battle for your home or land is too much for the average American family.Most people give up before The Oregon Cattlemen's Association urges you to they ever get started. support Measure#37 That's why Measure 37 is important. (This information furnished by Coy Cowart,President,Oregon Cattlemen's Measure 37 will guarantee that you are treated fairly by the Association.) government.If they want your land,that's fine,provided they This space purchased for$500 in accordance with ORS 251.255. pay you for it. The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth Simple,understandable,and fair.That's what Measure 37 is all of any statement made in the argument. about. Please vote yes on Measure 37. Argument in Favor (This information furnished by David J.Hunnicutt,Oregonians In Action.) Toni Beattie This space purchased for$500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by My husband and I own 31 acres in North Plains that we pur- the State of Oregon,nor does the state warrant the accuracy or truth chased in 2000.Our land is zoned commercial forest and it has of any statement made in the argument. a house on it that was built around 1961.We purchased the property with the intent to operate a horse boarding and lesson facility. Argument in Favor My husband and I have applied for a replacement dwelling on Prate our property.Once our application is approved,we must disable the existing dwelling. In order to provide proper care to boarding We are two of the chief petitioners for Ballot Measure 37.In horses,we thought it wise to turn the older dwelling on our addition to being chief petitioners,we are also victims of property into caretaker house.This is where our problems Oregon's land use system.We have been married for 42 years. began. Gene is a retired Lt.Col.,having served 21 years in United In order to have two dwellings on my property,we needed to States Army. rezone the property from commercial forest to farmland.And we Barbara's grandfather immigrated from Norway to Oregon as a had to show that we could make$80,000 a year boarding logger.In 1989,we decided to travel Oregon and visit the areas horses!If I can make$80,000 a year boarding horses,I would logged by Barbara's grandfather.While traveling through Sisters, not have the need for caretaker.I would be able to hire people, we decided to retire there.In 1990,we purchased property in outside employees,to come in and care for the horses. the Sisters area with the intent to build a retirement home for us My husband and I want to operate a small farm on our farmland and our horses. with a caretaker.But Oregon land use laws are not allowing us The Deschutes County Hearings Officer's decision summarizes to do so.The only a reasonable option we have left is Ballot what Oregon's land use system has done to us: Measure 37,which will restore our rights,and be fair for every- The applicants purchased the property in 1990 with the body.Please join me in voting yes on Ballot Measure 37. intent of building a home on it.The hearings officer is aware (This information furnished by Toni Beattie.) that at the time the applicants purchased the property,the county routinely approved conditional use permits for nonfarm dwellings on these types of parcels.However,in Official 2004 General Election Voters'Pamphlet continued 4 110 1 Statewide Measures Measure 37 Arguments the early 1990s,partly as a result of an enforcement order This space purchased for$500 in accordance with ORS 251.255. issued by the Land Conservation and Development The printing of this argument does not constitute an endorsement by Commission(LCDC)requiring the county to enforce more the State of Oregon,nor does the state warrant the accuracy or truth rigorous sighting standards for nonfarm dwellings,approval of any statement made in the argument. of nonfarm dwelling conditional use permits became more difficult. —'t, ment in Favor The hearings officer acknowledged that we were willing to take substantial steps toward mitigating the perceived effects caused Gary Dye by our home.Nevertheless because a bureaucrat in Salem decided to take away our right to build a home,only our horses I bought a 16,000 square-foot lot,zoned R-10-c,in Southeast are allowed to live on our property. Portland.This zoning designation requires that a lot be at least 10,000 square-feet to build a home.The"c"indicates a conser- That was 11 years ago.We still don't have the right to build a vation overlay zone.When the property was first purchased,this home on our property,even though we had that right when we designation didn't carry many restrictions,so building a modest bought the property.Our dreams have been taken from us.All home seemed pretty straightforward. we want to do is live on our property. After years of hard work and saving,I eagerly went to get my Measure 37 will restore and protect the rights of Oregonians. building permit.The City of Portland,however,had other ideas. Please join us in voting yes on Measure 37. In the time since my purchase,the City placed more and more restrictions on the property,ultimately converting it into a wildlife (This information fumished by Eugene Prate,Barbara K.Prete.) habitat reserve:over 2/3 of the property set aside for the City, This space purchased for$500 in accordance with ORS 251.255. less than 1/3 left for me! The printing of this argument does not constitute an endorsement by Conforming to the City's new restrictions,the design of my the State of Oregon,nor does the state warrant the accuracy or truth modest 3-bedroom home repeatedly underwent extensive and of any statement made in the argument costly changes.Even after these changes,the property can't be fenced(protecting my home from intruders, providing my kids a Argument in Favor safe place to play,or giving my dog some running room),there is very little front or side yard,and the back"yard"is only 5 COUNTY COMMISSIONERS SUPPORT MEASURE 37 FEET deep. As County Commissioners,we support Measure 37. Most alarming,the City's restrictions contradict the Fire Bureau's recommendation of a 30-foot buffer between homes and dense Unlike other states,where local communities plan their own vegetation.The City won't allow this buffer,subjecting my home urban neighborhoods and rural areas,a large percentage of our and family to the threat of urban wildfires.I'm prohibited from planning laws are mandated by state agencies and the "disturbing"trees,brush,or even WEEDS without repercussions legislature. from the City. As a result,we are often hamstrung by statewide,centralized I would sympathize if the property contained old-growth trees,a planning laws and rules that have devastating impacts to the stream,eroding slopes,or endangered species habitat,but it property owners in our counties. does not—it contains only AREA that the City wants for itself. Whether it's telling a farmer he has to make$80,000 in order to The City seizes land for free while the property owner bears live on his land,prohibiting a rural church from being too close huge cost increases for design,construction,and additional reg- to town,or watching a business leave the community because ulatory fees.Yes,I must pay the City a fee for taking my land, of endless permit delays,we see the"on the ground"impacts of increasing my costs,compromising my home,and endangering ever increasing property restrictions in ways that state bureau- my family. crats could never imagine. Approval of Measure 37 provides much-needed control over These ever changing rules and laws create fear among the com- this currently abused process. munity,and discourage investment.Why would a business build (This information furnished by Gary Dye.) a new plant or office if they knew that the rug could be pulled out from under their feet before the project is even completed? This space purchased for$500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by Measure 37 will stabilize our planning system,ensure that the State of Oregon,nor does the state warrant the accuracy or truth property owners don't lose their life savings at the stroke of a of any statement made in the argument. pen or on the whim of a mid level manager in Salem,and give our citizens more control over their own lives. We like that,because we believe in the private sector,and in our Argument Ih Favor citizens,neighbors,and friends. SENIORS AND FAMILIES WITH CHILDREN—IF YOU WANT Measure 37 restores lost opportunities,and returns more control TO KNOW WHY MEASURE 37 IS IMPORTANT, over private property to where it belongs—the people. JUST ASK METRO Please join us in voting yes on Measure 37. Metro,the Portland area regional government,is currently in the process of adopting new regulations that will place thousands of John Lindsey acres of privately owned land into"wildlife"and"riparian area" Harold Haugen zones,regardless of your concerns or the wishes of your city or Jack Walker county government. Anna Morrison Dan Van Slyke As a property owner,should you be concerned about these new Kathy George regulations?Here's what Metro has to say: Leslie Lewis "Real property is one of the largest economic investments (This information furnished by David J.Hunnicutt,Family Farm many people make and regulations affecting property are an Preservation PAC.) important and sensitive social issue.For residential land in particular,a regulatory program could impact personal Official 2004 General Election Voters'Pamphlet continued 4 1111 Statewide Measures Measure 37 Arguments financial security or the expectation to maintain,develop or Argument in Favor redevelop land within the existing regulatory framework r 9 Regulations that result in reductions to property value may affect people's ability to draw on the equity in their homes to Jackson County Farm Bureau Asks For fund retirement,education,and other activities."(Staff A Yes Vote For Common Sense Report,Resolution No.04-3489,August 12,2004). Dear Fellow Voters: Metro is right.When you bought your home,did you have any Small family farmers all over Oregon depend on using their prop- idea that the rules could be changed to take away rights that erty to make a living—and we cannot afford the current system you paid for?Most people don't know until it is too late. where government can take the value and use of property with- That is why Measure 37 is important.Measure 37 allows Metro out compensation. to continue to adopt new regulations,but only if Metro is It sounds shocking to people who are not familiar with the loop- willing to pay for what it takes.That's only fair. hole that allows government to take property without paying for No property owner should have to worry that their retirement, it—but that is why we need Measure 37. their children's education,or their personal financial security will Measure 37 is about fairness. be destroyed by well-intentioned but misguided laws.Measure 37 will make sure that this doesn't happen.Please join us in We all work ve!�t hard for our property,and if government wants voting Yes on Measure 37. to reduce the values of our property then government should pay for it. (this information furnished by David J.Hunnicutt,Oregonians In Action.) If state and local governments are allowed to continue to take This space purchased for$500 in accordance with ORS 251.255. advantage of this unfair loophole then every property owner and The printing of this argument does not constitute an endorsement by every homeowner will have to worry about the security of their the State of Oregon,nor does the state warrant the accuracy or truth investment. of any statement made in the argument. Please join Jackson County Farm Bureau in supporting Measure Argument in'Favor 37 (This information furnished by Ron Biork,Jackson County Farm Bureau.) Robert and Marilyn Lowery This space purchased for$500 in accordance with ORS 251255. We live in Keizer,Oregon,on property that has been in the The printing of this argument does not constitute an endorsement by Lowery family since 1946.We have raised our family here.Our the State of Oregon,nor does the state warrant the accuracy or truth son was born in our house.We have operated our family nursery of any statement made in the argument. here.This property is truly our home. Our property is located in an area that is considered prime Argument in F1V4r commercial real estate.Already,the city of Keizer has approved plans to take our property and give it to a private party so they Tater Patch Quilts can build a Krispy Kreme donut shop on the place where our We are the owners of Tater Patch Quilts,a small quilting store home currently stands.The master plan approved by the city of located in Merrill,Oregon.Our store,started in 1996,is a unique Keizer makes immediate short term plans for our property even though we did not give the city the permission to do so.Right store which offers quilting supplies to customers all over the now we are locked in and can't get out. country.Our unique location allows us to market our products to Oregonians and Californians. In other words,it is as if the city or county you live in decided We own property right along the Oregon-California the border. the property your house currently sits on would be better used The property is located next to a state highway. as a bank,or a restaurant,or a Krispy Kreme donut store,and the city or county tells you that the moment you disturb the On our own property,we decided to erect a small sign property you must instead build that bank,that restaurant,or advertising Tater Patch Quilts. By the way,our sign is right next that Kristy Kreme...... to a"Welcome to Oregon"sign. Without ever asking youl Even though our sign is on our own property,the State of Oregon's land use laws are being abused every day.Property Oregon wants us to tear it down because signs promoting busi- owners across the state are being subjected to onerous nesses are prohibited on our property, no matter how big or regulations which devalue property,and in cases like ours,strip small.If the state can welcome visitors,why can't I welcome property owners of all their rights.We are being bullied by the people to my store? city because the city knows we have no protection. I can't believe how difficult the state wants to make it for Oregon Yet. businesses to survive. Ballot Measure 37 will protect property owners from actions of What is most insulting is that the State of Oregon's sign still the government that take your property without your permission remains. by"freezing"the rights you had at the time you purchased your Ballot Measure 37 will restore rights Oregonians have held near property.Ballot Measure 37 is common sense legislation that will and dear for decades.Please join us in restoring property rights. protect you from the kinds of tactics we have been subjected to. Please vote Yes on Ballot Measure 37. Please join us in supporting Ballot Measure 37. (This information furnished by Lee McKoen,Diane McKoen,Robin King.) (This information furnished by Robert Lowery,Marilyn Lowery.) This space purchased for$500 in accordance with ORS 251.255. This space purchased for$500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. of any statement made in the argument. Official 2004 General Election Voters'Pamphlet continued-3-' 112 1 Statewide Measures Measure 37 Arguments Ar umen#°in Favor Measure 37 apply using the date the current owner acquired the property.Only if a current owner sells all of her interest in a piece of property does the date of acquisition change for Phillip DuFresne purposes of determining what regulations are subject to Ballot I own Big Bear Market.For those of you who are familiar with Measure 37 protections. the Historic Columbia River Highway,you are also likely familiar Finally,opponents of Ballot Measure 37 are trying to scare with our market. voters into thinking the measure will prevent the state govern- I have been privileged to operate the market for many years. ment and local governments from enacting nuisance abatement The market has been a part of the community for over thirty laws.This is incorrect.Nuisance abatement laws are exempt years.As you can imagine,over the years the business grew from Ballot Measure 37 protections,but again,a law that is and it became necessary to provide additional services to my currently considered a regulation of land use under Oregon law customers. cannot be re-characterized as a nuisance abatement ordinance in order to avoid Ballot Measure 37. Each time we added onto our building were never informed by Please vote Yes on Ballot Measure 37. Multnomah County that our building actually violated the County's code.In fact,the last time we added onto our building (This information furnished by Dorothy English,Barbara Prete,Eugene in 1994,the County's planner said our building was in full Prete.) compliance with the County's code. This space purchased for$500 in accordance with ORS 251.255. And then tragedy struck Big Bear Market in 2003.Part of our The printing of this argument does not constitute an endorsement by building burned to the ground.When the flames were extin- the State of Oregon,nor does the state warrant the accuracy or truth guished one would have thought our nightmare was over and we of any statement made in the argument. would be allowed to put our lives-and our business-back together.One would be wrong.The fire was only the beginning Argumen# in Favor of our troubles. Despite the fact that Multnomah County told us in the past that Ruth Pruitt our building was in compliance with the County's code,a new planner at Multnomah County with a political agenda felt other- I purchased my property in Portland over ten years ago.At the wise.Despite the fact we had received approvals for our past time 1 purchased my property,it was approximately 3.47 acres of additions,the County was not going to let us rebuild our busi- land that could be used for industrial or commercial develop- ness because the rules had changed. ment.My property is prime industrial and/or commercial real Through no fault of our own tragedy struck the business,and estate.It would seem logical,then,that the governor and the City of Portland would want to encourage development on my now the County is doing everything it can to see to it that my property. business remains destroyed,and they are using Oregon's land use laws as their torch. As you can imagine,the city of Portland wants nothing to do with industrial or commercial development,especially not on my Ballot Measure 37 will restore fairness and balance to a system property. dominated by fear and oppression.Ballot Measure 37 will protect small businesses like our from the political will of a few My parcel is not developed.Sometime in late 1993,the City of unelected bureaucrats. Portland began slowly--a death by a thousand cuts-- encroaching on my property,using easements,zoning overlays, Please join me in voting yes on Ballot Measure 37. and environmental overlays,taking away my ability to use my (This information furnished by Phillip DuFresne.) own land.Because of the regulations imposed by the city,of the original 3.47 acres of land that I own,only one-half acre of my This space purchased for$500 in accordance with ORS 251.255. land is actually usable. The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth But wait,there is more. of any statement made in the argument. To make matters worse,the City of Portland requires 3.3 feet of wetland mitigation for every 1 foot of development.As a result,it Argument in Favor will be impossible for me to do anything on my property except leave my property in"its natural state". We are the chief petitioners for Ballot Measure 37.This state- I have had everything taken for me.The entire value of my ment is provided in order to instruct and aid the Oregon courts property has been taken from me by the city of Portland for the in determining the legislative intent behind Ballot Measure 37, public's benefit,but I am being forced to pay for it by myself. and avoid misinterpretation of the intent of this law,as Oregon The city of Portland has stolen my life savings from me. courts are known to do. When Enron steals your life savings,it's considered theft. Voters are told that Ballot Measure 37 creates a large bureau- When the City of Portland steals your life savings,its called cracy and red tape for property owners.Such claims are false. Ballot Measure 37 does not require any governmental unit to "new regulation." adopt any procedures for addressing Ballot Measure 37 claims. Ballot Measure 37 simplifies the process, restores our rights, No applicant is required to follow a process conjured up by and most importantly protects the life savings of Oregonians. government.The measure makes this clear.All a property owner Please join me in voting yes on Ballot Measure 37. has to do is submit a letter or other communication demanding use or just compensation for his property-nothing more.There (This information furnished by Ruth Pruitt.) is no requirement that the state government or the local govern- This space purchased for$500 in accordance with ORS 251.255. ment adopt any new processes. The printing of this argument does not constitute an endorsement by Second,voters are being told that the definition of"owner"is the State of Oregon,nor does the state warrant the accuracy or truth ambiguous.The term"owner"includes the current owners of the of any statement made in the argument. property.If the current owner sells an interest in her property,so long as the current owner still has a current possessory interest, or a reversionary interest in the property,the provisions of Ballot Official 2004 General Election Voters'Pamphlet continued 4 1131 Statewide Measures Measure 37 Arguments After two years of litigating this issue we are back at square one. Argument to Favor What is really difficult for us to understand is that if we built an identical structure and called it a community center there would Ruth Grimsrud be no problem.However,once we started talking about God in My family has owned property in rural Yamhill County for several the building,we could be prosecuted. years,since 1950 to be exact.In 1997,my father passed away It is unbelievable that in the land of liberty,private property and my sister and I inherited the remainder of the family prop- owners,no matter whether you are a farmer,rural resident,or a erty. Because of the costs associated with settling my father's church,we do not have the right to use our property in a manner estate,my sister and I decided to divide the property,sell one to meet our own needs. Ballot Measure 37 will restore those parcel to settle the estate,and keep one parcel for each of us rights. with the intent that we would build homes on our property. Please join us in supporting Ballot Measure 37. When we divided the property in the year 2000,we specifically described the access points each new parcel would have.The (This information furnished by Martin Kirk.) county approved our plans,including the new access points This space purchased for$500 in accordance with ORS 251.255. for each parcel.We thought the matter was finished. The printing of this argument does not constitute an endorsement by I was wrong.I am the last person to try to build a home on the the State of Oregon,nor does the state warrant the accuracy or truth new parcels.I have tried to sell my property,but cannot, of any statement made in the argument. because a county employee won't allow me the access the county earlier approved-he claims that the county's ordi- Argument In Favor nances prevent access to the nearest road.According to the county,I must now construct a bridge by importing several Endorsing Measure#37 thousand yards of fill dirt into a stream,across my neighbor's property,in order to gain access to my property,at an added The Oregon State Grange(OSG)endorses Measure#37.The expense of several thousands of dollars. OSG has specific policy statements that address the need for For those of you who are recent homeowners or property own- government to compensate for loss of use or value of private ers who don't think Ballot Measure 37 will protect your rights, property.To begin with,OSG policy Le08.90 states;"We are consider my situation.My access was approved by the county opposed to LCDC's Goal 5,or any similar act,which virtually in the year 2000,and then less than four years later those halts all economic use of property by setting it aside for wildlife rights have been taken from me.If Ballot Measure 37 was the habitat,scenic views,wetlands and other public uses without law in Oregon right now,my rights would not have been taken compensation to the owner.Furthermore,if state land use from me. planning arbitrarily changes the use and value of any land, appropriate compensation for the loss of value should be given." Please join me in supporting Ballot Measure 37. Furthermore,policy Le02.95 states,in part;"We will work with State Legislators,the LCDC,and all other pertinent agencies to (This information furnished by Ruth Grimsrud.) require that any public institution that condemns property for This space purchased for$500 in accordance with ORS 251255. public use must pay the difference in fair market value... The The printing of this argument does not constitute an endorsement by OSG's membership is made up of mostly families from smaller the State of Oregon,nor does the state warrant the accuracy or truth communities and rural areas who,know the importance of of any statement made in the argument. protecting private property and OSG policy Le05.95 states;"We are against the abrogation of Private property rights and will use any means necessary to return and defend private property Argument in Favor rights." The Molalla Christian Church Oregon State Grange 643 Union Street NE The Molalla Christian Church is a growing church in Molalla Salem,OR 97301-2462 whose membership is primarily made up of rural residents of southern Clackamas County.Our present facility has many con- (This information furnished by John Fine,Oregon State Grange.) straints that limit our ability to grow and accomplish our religious This space purchased for$500 in accordance with ORS 251.255. mission,i.e.limited parking,location in a residential neighbor- The printing of this argument does not constitute an endorsement by hood with no room to expand,and very small rooms for the State of Oregon,nor does the state warrant the accuracy or truth children's classes. of any statement made in the argument. More than ten years ago,the leadership of the church decided that we should locate and purchase a new property that Argument.in Favor would allow us to build a multipurpose facility that would better accommodate the congregation,and would also allow for We are the chief petitioners of Ballot Measure 37.This statement enough space for other activities for our youth and the com- is provided in order to instruct and aid the Oregon courts in munity.In 1997,we purchased a ten acre parcel located outside determining the legislative intent behind Ballot Measure 37,and the Molalla Urban Growth Boundary. avoid a situation where the Oregon Courts misinterpret the intent We hired an attorney and started the long,drawn-out process of this law,as Oregon courts are known to do. with Clackamas County.The planning department and the Several special interest groups are trying to confuse the voters County hearings officer denied our application because Oregon's about Ballot Measure 37.These groups are trying to make Ballot land use system makes protecting farmland more important than Measure 37 seem much more complicated than it really is. religion.We appealed to the Clackamas County Commission, who approved our application based on Federal law. For instance,opponents of Ballot Measure 37 are distorting the compensation protections of Ballot Measure 37.Through the In what seems to be the standard operating procedure in s"farmland"is the Holy Grail, normal condemnation process,the state government and local Oregon,a fringe group that believe appealed the County's decision to s"far Unfortunately,their governments have an efficient statutory procedure already used appeal was granted. to determine just compensation.The process is quick,clean, and extremely efficient and will be the basis for determining just compensation under Ballot Measure 37. Official 2004 General Election Voters'Pamphlet continued-� 1141 Statewide Measures Measure 37 Arguments Next,opponents of Ballot Measure 37 try to confuse the issue of just compensation by claiming it will be impossible to determine Argument in Favor what regulations will trigger a property owner's rights under Ballot Measure 37.Again,any land use regulation(as that term Dean Grudzinski is currently defined in Oregon law)enacted after a property o I Purchased a relatively small parcel in the southwest hills of owner acquired the property that has the effect of reducing the fair market value of your home will trigger Ballot Measure 37's Portland in 1986. f the time I purchased the property,I could into protections.If,for instance,there are three regulations which have divided it n three parcels.As far as I knew,the area where reduce a property's value,a property owner can demand use or property is located at the time I purchased the prop compensation based upon the effect of any of the three regula- erty planned to be developed d as any ordinary Portland tions,or based upon the effect of all three regulation,or any neighborhood. combination thereof. Over the next few years the city of Portland continuously What's more,subject to the statute of limitations in section(5),if "upzoned"the property across the street from me,allowing significantly higher development densities than originally a property owner submits demand for use or compensation Planned,but beneficial nonetheless.After development based upon one regulation,the same property owner is not pre- cluded from later demanding use or compensation based upon was completed in neighborhood,three of the four parcels regulations that existed at the time the property owner submit- surrounding property had been developed-I went from ted her first demand. having four neighbors to thirteen neighbors in this period of time. Please join us in voting Yes on Ballot Measure 37. Then,the city of Portland got involved. (This information furnished by Dorothy English,Barbara Prate,Eugene My property was downzoned in 2001,and the city of Portland Prate.) placed an environmental overlay zone on my property. This space purchased for$500 in accordance with ORS 251.255. "Environmental overlay zone"is government-speak for"a home The printing of this argument does not constitute an endorsement by for a fish is more important than a home for your family".In fact, the State of Oregon,nor does the state warrant the accuracy or truth I received a letter from the city of Portland to that effect. of any statement made in the argument. The other reason my property was downzoned?All of my new "neighbors"liked my property in its natural state and they didn't Argument in Favor want to see it developed.These people wanted to keep my property natural so they could enjoy nature and protect their 011ie Wilcox "visual sensibilities",their"livability",and their"community aesthetics". My name is 011ie Wilcox. I am 75 years old and I own 8.32 acres in Colton,Oregon.I've owned this property since 1965 have However, my neighbors don't want to pay for these benefits. always paid by taxes with the idea that in my senior years this They want me to pay for it.And I am. property would provide me with a comfortable retirement,which Everything has been taken from me.Three years later I still have would keep me from being dependent upon the government for not recovered my rights,and the city of Portland has no inten- support. tion of restoring them.The only protection homeowners and All of the other parcels surrounding my property are 2 to 5 acres property owners in Oregon have from having everything taken parcels.My property has the typical urban services such as from them is Ballot Measure 37,which will protect the rights you electricity,city water,access to the road,or fire protection. had at the time you purchased your property. Further,subdividing my property is supported in my community: Please join me in voting Yes on Ballot Measure 37. 39 of the citizens who live within a quarter-mile of my property signed a petition supporting my application to divide my prop- (This information furnished by Dean Grudzinski.) erty.There simply is no compelling reason why my property This space purchased for$500 in accordance with ORS 251.255. should not be divided. The printing of this argument does not constitute an endorsement by My property was intended to be my retirement.And Clackamas the State of Oregon,nor does the state warrant the accuracy or truth County took it from me.When Clackamas County steals your life of any statement made in the argument. savings,they hide behind Oregon land use laws.The fact is that Oregon's land use laws are stealing the life savings from ,Argument 1lT Favor Oregon's seniors. All 1 want to do is to enjoy the rights I had when I purchased my As chief petitioners of Ballot Measure 37, it is necessary to property nearly 40 years ago.I don't believe that I am asking for correct the false statements made by groups who oppose too much,nor do I believe that it is unreasonable for Oregonians common sense reform to Oregon land use system.In addition, to expect their property rights to be respected. this statement is provided in order to instruct and aid the Oregon Ballot Measure 37 will restore the rights of Oregonians,rights courts,so to avoid the courts from misinterpreting our intent that were taken away by an unfair,unbalanced system.I have behind this measure,as the Oregon courts have a habit of been fighting Clackamas County for many years,and I plan to doing. continuing the fight.Ballot Measure 37 will help families avoid Despite claims to the contrary,Ballot Measure 37 does not losing retirement the way I lost mine.Please join me in voting prohibit the state of Oregon and/or local governments from yes on Ballot Measure 37. adopting laws that regulate public health and safety.In fact, Ballot Measure 37 specifically excludes statutes and regulations (This information furnished by 011ie Wilcox.) like fire codes,building codes,health codes,sanitation codes, This space purchased for$500 in accordance with ORS 251.255. solid wastes or hazardous waste regulations and/or codes, The printing of this argument does not constitute an endorsement by pollution control regulations,traffic safety regulations,from being the State of Oregon,nor does the state warrant the accuracy or truth subject to Ballot Measure 37's protections. of any statement made in the argument. It is not our intention that Ballot Measure 37 be interpreted in such a way as to allow statutes,regulations,goals,ordinances or whatever other means of regulation currently defined in statute,regulation,case law etc.as a land use regulation to be Official 2004 General Election Voters'Pamphlet continued 115 1 Statewide Measures Measure 37 Arguments bootstrapped into the definition of building codes,public health Argument in Fay01" and safety codes,sanitation codes,or public welfare codes,by the courts. If you are like most people,your home and property are the In other words,there currently exists a body of law in Oregon most valuable thing you own. which defines what constitutes regulation of land use.It is those regulations that are subject to the provisions of Ballot Measure That's why most people are very careful when they buy property. 37.The state government and/or local government should not You check to make sure that you can use your land before be allowed to rename a land use regulation simply to avoid the paying for it.After all,you want to be sure that the property can protections of Ballot Measure 37. be used for a home,business,or farm or whatever else you had in mind. In sum,it is likely that opponents of Ballot Measure 37 will continue to distort the intent and effect of the measure long after But what happens when the government changes the rules the measure is voted on.Hopefully we the chief petitioners have after you purchase your land,and you can no longer use provided a clarity as to the intent of Section(3)(B)of Ballot your property as you had planned?In most cases,you lose. Measure 37. Why?Because a court cannot award you money for the loss of Thank you for taking the time to read our comments.Please join the use of your land until you have submitted enough applica- us in supporting Ballot Measure 37. tions to the government to prove that your land has no value.In some cases,as many as 25 separate applications must be filed. (this information furnished by Dorothy English,Barbara Prate,Eugene Each of these applications costs money-in many cases,the Prate.) cost to submit the applications is more than the value of the This space purchased for$500 in accordance with ORS 251.255. property! The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth In other words,you have to pay multiple application fees to of any statement made in the argument. the same government that changed the rules and took away all value of your property,just to get your day in court,and even H you win in court,you don't get your application fees Argum,eht in Favor back.What a rip off. TRUCK DRIVERS SUPPORT MEASURE 37 Measure 37 will end this ridiculous game.Rather than making a landowner submit application after application to the govern- The Oregon Forest Products Transportation Association urges a ment,knowing full well that each application will be denied, yes vote on Measure 37. Measure 37 sets up a simple process for making your claim for Oregon has a long history of family owned timber operations. compensation. For decades,timber and agriculture formed the backbone of If the government takes your land,they should pay you for it, Oregon's economy.Rural communities and small towns were and they shouldn't tie you up in red tape and outrageous fees built around timber harvesting and the jobs it provided. just so you can have your day in court. This proud tradition is alive today.Our members live and work in Please vote yes on Measure 37. rural areas and small towns across the state.We work hard for a living,and are proud to be good stewards of the land that we (This information furnished by David J.Hunnicutt,Family Farm own and which contributes directly to our livelihood. Preservation PAC.) Because we make our living from the land,we have a deep This space purchased for$500 in accordance with ORS 251.255. respect for the right of Americans to own and use their property. The printing of this argument does not constitute an endorsement by We know that without this right,all of our other rights are the State of Oregon,nor does the state warrant the accuracy or truth seriously weakened,and our freedoms are in jeopardy. of any statement made in the argument. We support Measure 37 because it protects private citizens and Argu1'11nnt In FaVor their property.When regulations change after property is pur- chased,we suffer,and so do the families and businesses that depend on us. Protect Oregon's Family Farm Base and Schools Without Measure 37,we are at the mercy of extremists who file Rural Schools and Communities Depend on Property Values lawsuits to challenge every job we work and lobby state officials Not only do farms and ranches depend on property values,local to change the rules to make it impossible for us to stay in busi- rural communities depend on the tax base to run local govern- ness.When this happens,no one wins(except the lawyers). ments and local schools.When government takes private Measure 37 will make sure that property owners are treated property values,everyone loses. fairly,and that no one is forced to give his land to the state for If it is Free,Then There is Unlimited Demand free.That's not the way things are done in this country. es on Measure 37. Unfortunately,even though the Constitution requires compensa- Please vote Y tion when government takes your land,some governments refuse to pay for what they take.They know that almost no (this information furnished by D.E.Bridges,Oregon Forest Products landowner will have the money or stamina to fight a lengthy Transportation Association.) court battle just to recover the lost value of their land.Because This space purchased for$500 in accordance with ORS 251.255. there is little chance that their actions will be challenged,there The printing of this argument does not constitute an endorsement by are no consequences to taking land without paying for it. the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. We Need a Balance Between the Economy and Preservation There are some Oregonians who want to stop all land uses on rural lands,and make Oregon one giant public park.We all cherish Oregon's public parks and beaches.But we also need to make sure that farmers,ranchers,and foresters have land to farm and harvest timber.These industries create jobs and tax revenue for struggling Oregon towns and cities. Official 2004 General Election Voters'Pamphlet continued 4 116 1 Statewide Measures Measure 37 Arguments By allowing government to presence areas it wants to protect, Argument Ih Favor and allowing other lands to be used,we strengthen our econ- omy,and provide help for so many Oregonians in depressed areas. Private property is one of the most basic freedoms spoken Vote Yes on Measure 37 of in the Bible.The 8th Commandment prohibits theft.The case laws in Exodus 21-23 require restitution to owners of property Measure 37 clears away government hurdles to compensation, stolen or damaged by others.Deuteronomy 27:17 requires God's and strikes a balance between the economy and preservation.A people to affirm private property rights or be cursed("Cursed be yes vote on Measure 37 will provide much needed relief for he that removes his neighbor's landmark.And all the people farmers and ranchers,and will strengthen the tax base in all shall say,Amen.'7.Clearly,private property is to be protected by Oregon communities. the government. (this information furnished by Larry George,Oregon Family Farm This stress found its way into the formation of our country. Association.) Thomas Jefferson's inalienable rights of"life,liberty and the pursuit of happiness"were a recasting of John Locke's"life, This space purchased for$500 in accordance with ORS 251.255. liberty and property."Our happiness is tied to the right use of The printing of this argument does not constitute an endorsement by our property.So,our founding fathers placed a high wall of the State of Oregon,nor does the state warrant the accuracy or truth protection around these rights.The Bill of Rights includes the of any statement made in the argument. "right of the people to be secure in their persons,houses, papers,and effects,against unreasonable searches and Argument in Favor! seizures." English common law,the basis for our national Constitution, MEASURE 37 BENEFITS TAXPAYERS allowed governments to take private property when needed for The Taxpayer Association of Oregon(fA0)urges a Yes vote on public purposes.This is called"eminent domain."But it insisted Measure 37. that the owner be paid for the land taken.Sometimes the government's actions don't result in a total taking of someone's Oregon taxpayers would be wise to support Measure 37.In property.The government may rezone your land, restrict your November,2000,the State of Oregon estimated that the state right to use the trees on it,etc.In these cases,this Measure and local government property regulations took over$5 billion would ensure that you be paid for the loss of value that you per year in property value from Oregon property owners. have suffered at the hands of the government. It doesn't take a rocket scientist to figure out what happens Good men may disagree whether eminent domain is appropriate to property taxes when government regulations lower the in a Christian society.But all should agree that the State should value of property—the tax revenues go down.Imagine what recompense the owner for property taken.And the State would happen if the government restored just a fraction of what should recompense the owner for whatever reduction in it took each year. value the State's actions create.We thus recommend a Yes When state or local governments vote on Measure 37. g pass new regulations that lower property values,everyone loses.The property owner Dennis Tuuri for the Parents Education Association loses because his property's value has been destroyed.Cities Box 847,Canby,OR 97013 503-263-8337 peapac.org and counties lose because their tax base goes down.And remaining taxpayers lose because they are asked to pay more (This information furnished by Dennis Tuuri,Executive Director,Parents taxes to make up the loss resulting from the adoption of the new Education Association.) regulations. This space purchased for$500 in accordance with ORS 251.255. On the other hand,when state or local governments give The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth property owners freedom to use their property,everyone of any statement made in the argument. wins.The property owner realizes his investment.Cities and counties have a new source of revenue.Jobs are created for Oregon residents.And remaining taxpayers aren't asked to Argument in Favor support higher and higher tax increases. It doesn't matter whether you are a renter or a homeowner. $$$MAKE MONEY FAST WITH MEASURE 371$$$ When the property tax base shrinks because more property is WE ARE LOOKING FOR PROPERTY OWNERS WHO WANT TO taken off the tax rolls by property restrictions that destroy its CAPITALIZE ON MEASURE 37!WHEN PASSED,THIS MEA- value,we all pay more.What a rip off. SURE WILL ELIMINATE ALL ZONING AND ENVIRONMENTAL We believe in Oregon property owners,and we trust that they PROTECTION IN PROPERTIES ACROSS OREGON. will make wise use of their property,if they are just given the We need: opportunity.That's why we support Measure 37. 1.Homes in high-income neighborhoods where we can open For more information on protecting your property rights,go to new RESTAURANTS,STRIP MALLS,and NIGHTCLUBS. www.oregonwatchdog.com. 2.Homes in rural neighborhoods to locate ADULT Please vote yes on Measure 37. ENTERTAINMENT BUSINESSES such as swingers'clubs, (This information famished by Jason Williams,Taxpayer Association of lingerie shows,and male-only bathhouses. Oregon.) 3.Homes in any area for textile-processing FACTORIES and This space purchased for$500 in accordance with ORS 251.255. medium-security DETENTION FACILITIES. The printing of this argument does not constitute an endorsement by 4.Farmland in any area for rapid development of WASTE the State of Oregon,nor does the state warrant the accuracy or truth PROCESSING and maximum-security private of any statement made in the argument. PENITENTIARY SYSTEMS. 5.Timberland in any area for LOGGING,OPEN-PIT LEACH MINING,and SUB-DIVISION. Official 2004 General Election Voters'pamphlet continued 4' 117 1 Statewide Measures Measure 37 Arguments I am a land speculator originally from Southern California.My http://www.GetRichOuickWithMeasure37.com team and I can match your property with aforementioned httl2a//vvw%GetRichOumckWmthMeasure37.com businesses for FAST PROFIT.As Measure 37 can eliminate ALL zoning,we are interested in any property, regardless of current htto•//mm GetRichQuickWithMeasure37 corn zoning,proximity to schools,or environmental safeguards. Oregon residential areas offer prime targets for development of (this information furnished by Peter Bray.) exciting"in-neighborhood"businesses,including retail,adult, This space purchased for$500 in accordance with ORS 251.255. small-scale industrial,and gaming&gambling.Measure 37 may The printing of this argument does not constitute an endorsement by open up all residential areas to such profitable ventures. the State of Oregon,nor does the state warrant the accuracy or truth PLEASE CONTACT US ASAP AS THIS IS A LIMITED TIME of any statement made in the argument. OFFER.IT IS NECESSARY TO ACT BEFORE THE MONEY RUNS OUT-TAXPAYERS MUST FOOT THE BILL TO PAY OFF CLAIMANTS TO ABIDE TO LOCAL ZONING.THIS WILL COST 100s OF MILLIONS ANNUALLY(AND THIS IS WHERE WE WILL GET OUR MONEY!) MEASURE 37:GET YOURS WHILE THE GETTING'S GOOD! httl2://www.GetRichOuickWithMeasure37.com http://www—GetRichOuickWithMeasure37.com httl2://www.GetRichOuickWithMeasure37.com (This information furnished by Peter Bray.) This space purchased for$500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. Argument in Favor $$$MAKE MONEY FAST WITH MEASURE 371$$$ WE ARE LOOKING FOR PROPERTY OWNERS WHO WANT TO CAPITALIZE ON MEASURE 37!WHEN PASSED,THIS MEA- SURE WILL ELIMINATE ALL ZONING AND ENVIRONMENTAL PROTECTION IN PROPERTIES ACROSS OREGON. We need: 1.Homes in high-income neighborhoods where we can open new RESTAURANTS,STRIP MALLS,and NIGHTCLUBS. 2.Homes in rural neighborhoods to locate ADULT ENTERTAINMENT BUSINESSES such as swingers'clubs, lingerie shows,and male-only bathhouses. 3.Homes in any area for textile-processing FACTORIES and medium-security DETENTION FACILITIES. 4.Farmland in any area for rapid development of WASTE PROCESSING and maximum-security private PENITENTIARY SYSTEMS. 5.Timberland in any area for LOGGING,OPEN-PIT LEACH MINING,and SUB-DIVISION. I am a land speculator originally from Southern California.My team and I can match your property with aforementioned businesses for FAST PROFIT.As Measure 37 can eliminate ALL zoning,we are interested in any property,regardless of current zoning,proximity to schools,or environmental safeguards. Oregon residential areas offer prime targets for development of exciting"in-neighborhood"businesses,including retail,adult, small-scale industrial,and gaming&gambling.Measure 37 may open up all residential areas to such profitable ventures. PLEASE CONTACT US ASAP AS THIS IS A LIMITED TIME OFFER.IT IS NECESSARY TO ACT BEFORE THE MONEY RUNS OUT-TAXPAYERS MUST FOOT THE BILL TO PAY OFF CLAIMANTS TO ABIDE TO LOCAL ZONING.THIS WILL COST 100s OF MILLIONS ANNUALLY(AND THIS IS WHERE WE WILL GET OUR MONEY!) MEASURE 37:GET YOURS WHILE THE GETTING'S GOOD! Official 2004 General Election Voters'Pamphlet Continued 4 118 1 Statewide Measures Measure 37 Arguments Marion County Farm Bureau Argument in Opposition Polk County Farm Bureau Tillamook County Farm Bureau Ballot Measure 37 is complex.Do not be deceived by the Wasco County Farm Bureau concept of compensation.Everyone wants government to com- Washington County Farm Bureau pensate for its actions in some manner.But there are some key Yamhill County Farm Bureau points in this proposal that cause us to ask for your NO vote. (This information furnished by Larry wells,Moron County Farm Bureau.) It reaches back at least three generations and requires the cur- rent owner to determine what,if any,land use restrictions were This space purchased for$500 in accordance with ORS 251.255. in place when grandpa and grandma acquired the property.Is it The printing of this argument does not constitute an endorsement by even possible to go back to the early 1900's and know what the State of Oregon,nor does the state warrant the accuracy or truth land use restrictions existed?Many counties and cities do not of any statement made in the argument. have records that far back.It is wrong to try to go back to past generations.Yet this measure clearly defines family members of Argument in Opposition current owners and allows the current owner to go back to what was in place when their grandparents acquired the land and it Protect Private Property Rights has stayed in the family. Vote NO on Measure 37 It requires the Oregon government entity to pay for loss of land Homeowners from across Oregon oppose Measure 37 value because of the restrictions they place on the land,unless they simply remove the restrictions.There is no funding pro- The single most important investment many of us ever make is vided,or mechanism for finding funding.With no money to pay buying a home. For us,our home and property are the most the compensation,the only recourse the government entity has valuable things we own. is to remove the restriction.So an owner can put a development on the land that is clearly not compatible with surrounding land But what will happen to your home or your property when uses,creating a hodgepodge of land use that Oregonians have government can change the regulations and rules as they go tried to avoid with the concept of land use planning. along? Remember also that many land use restrictions come from Measure 37 is so poorly written that it allows government to Federal regulations and are not affected by this measure. decide one thing for your neighbor's property and something totally different for yours. The primary loss to Oregon would be farmland,forestland and And that's just wrong.Treating homeowners and property open space.Currently limited in use,that protection disappears as counties are unable to compensate when the current owner owners fairly is the foundation of our country. wants to subdivide into small parcels and put buildings on the What's more,Measure 37 will eliminate any notice requirement parcels that could have been done a hundred years ago. to neighbors if government decides to allow some property owners to tear down,rebuild,or develop their property.That's (This information fumished by Fritz Ellett,Hood River County Farm not fair either. Bureau,Wasco County Farm Bureau.) This space purchased for$500 in accordance with ORS 251.255. What's worse?While Measure 37 creates inequities for home The printing of this argument does not constitute an endorsement by and property owners,and removes notice provisions,it adds the State of Oregon,nor does the state warrant the accuracy or truth more layers of government administration and red tape of any statement made in the argument. The Secretary of State, Director of Revenue,Treasurer and Director of Administrative Services issued a Financial Impact Argument in Opposition Statement that concluded Measure 37 will cost as much as $344 million annually,just for administration.That's before a County Farm Bureaus Oppose Measure 37 single property owner sees a dime. We represent hundreds of family farmers throughout Oregon And who's going to Day for it when the measure itself provides no new revenue? who are opposed to Measure 37. We are.Homeowners,property owners and taxpayers.That's Why? just not fair. Because Measure 37 is so poorly written it will put many farmers out of business by increasing taxes and rolling back the safe- (This information fumished by Morgan Allen,No on 37-Take A Closer guards that protect Oregon's farmland from overdevelopment. Look Committee) As farmers,we are property owners who work on the land every Thispspac purchased for$500 in accordance with ORS 251.255. by day.We deal with government.and all its processes and proce- The rte of this , r doe does not constitute an endorsement truth dures,every day.We can't afford the additional lavers of the State of Oregon,nor does the state warrant the accuracy or truth paperwork bureaucracy,lawsuits and costs associated with of any statement made in the argument. Measure 37, Measure 37 is going to make it harder for farmers to farm and Argument in Opposition more difficult for Oregonians to protect farmland from over- development. and Locally Owned Businesses development. Urge you to Vote"NO"on Measure 37 Please join us in voting No on Measure 37. All across Oregon,small and locally owned businesses are Benton County Farm Bureau struggling to recover from our recent economic downturn.And Clackamas County Farm Bureau Oregon's economy still faces many challenges.The last thing Grant County Farm Bureau we need is more uncertainty,more costs,and more hurdles that Hood River County Farm Bureau make it harder for our companies to do business. Jefferson County Farm Bureau Lane County Farm Bureau If Measure 37 passes it will have serious consequences for every Linn County Farm Bureau Oregon business. Official 2004 General Election Voters'Pamphlet continued 4 1191 Statewide Measures Measure 37 Arguments • Measure 37 will create new lavers of red_tape at every for property owners. It provides only one guarantee-new level of government administrative procedures and more paperwork for property owners.The last thing Oregonians need is more useless,time- This measure is so complex and vague that it will require a new consuming and costly government rules and regulations.As layer of government regulation and even more steps to get Governors during some of Oregon's toughest economic times, approval of basic things like building permits.More bureaucracy we know first hand the costs of red tape and unnecessary makes it tougher to do business in Oregon. paperwork. • Measure 37 will cost taxpayers and businesses up to Measure 37 is so full of fine print,and so poorly written,that the $344 million dollars a year must to pay for the new Secretary of State's financial impact statement says it could g4,5t paperwork procedures and processes that this up to$344 million a year for new local and state government measure mandates paperwork and administration—and that's before a single prop- And no one knows what the final price tag will be.The state's erty owner sees a dime. own financial impact statement concludes that the final cost to Where will the money come from? businesses and taxpayers cannot be determined. • The measure summary itself"provides no new revenue." Measure 37 provides no new revenues to pay for all this administration and bureaucracy We know from experience that to create more jobs and protect Oregon taxpayers and businesses too our quality of life,we need a government that works.Oregon's Measure 37 will cost Ore 9 Attorney General has already warned that this initiative is full of much by creating too many processes and procedures.More "uncertainty,"with several areas of"significant dispute." costs,more red tape,and more bureaucracy will discourage (Department of Justice memorandum,July 19,2004.) businesses from locating in Oregon. Support your locally owned businesses and As Governors, pare very concerned that Measure 37 will vote"NO"on Measure 37 paralyze permit processes,tie up our legal system and cost you money. BOORA Architects Carter MacNichol Please join us in voting NO on Measure 37. Portland Shells Obletz Johnsen Portland Governor Ted Kulongoski Former Governor Victor Atiyeh Tillamook County Creamery Association Democrat Republican Mike Hollern Mike Roach and Kim Osgood, (This information famished by Governor Ted Kulongoski.) Brooks Resources Co-Owners This space purchased for$500 in accordance with ORS 251.255. Bend Paloma Clothing The printing of this argument does not constitute an endorsement by Portland the State of Oregon,nor does the state warrant the accuracy or truth Kurt Schrader Colleen French of any statement made in the argument. Clackamas County Veterinary Clinic Ozone Cafe Oregon City Portland Argument in Opposition Lynn Lundquist Shannon Rose BarLynn Ranch Realtor ESTIMATED COST TO TAXPAYERS Powell Butte Washington County Measure 37 will cost taxpayers unto$344 million wear to Susan Sokol Blosser Sean Cruz administer. Sokol Blosser Winery Real Estate Broker "The measure would require state administrative expendi- Dundee Portland tures to respond to claims for compensation of between Stan Amy Lorin Hoklin $18 million and$44 million per year. New Villages Group Suasion The measure ma require compensation to landowners. Portland Tigard The amount of state expenditures needed to pay claims for Betsy Imholt compensation cannot be determined... Time and Space Consulting The measure would require local government administrative Aurora expenditures to respond to claims for compensation of (This information furnished by Mike Roach,Co-Owner,Paloma Clothing.) between$46 million and$300 million per year. This space purchased for$500 in accordance with ORS 251.255. The measure may require compensation to landowners. The printing of this argument does not constitute an endorsement by The amount of local government expenditures needed to the State of Oregon,nor does the state warrant the accuracy or truth pay claims for compensation cannot be determined..." of any statement made in the argument. Estimate of Financial Impact,July 22,2004 As Oregon's state auditor and chief financial officer,we sere on Argument in Opposition the Financial Impact Committee that researched the costs of Measure 37.Please consider the costs to taxpayers when voting Governor Ted Kulongoski(Democrat on Measure 37. &Former Governor Victor Atiyeh(Republican)both agree: Bill Bradbury Randall Edwards "Measure 37 is Wrong for Oregon." Oregon Secretary of State Oregon State Treasurer 9 g Fiscal Impact Committee Fiscal Impact Committee For over forty years we've watched Oregon grow and change. member member We've seen ballot measures that make Oregon a better place, and ballot measures that hurt Oregon. (This information famished by Bill Bradbury,Oregon Secretary of State.) Measure 37 will hurt Oregon. This space purchased for$500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by Measure 37 has a simple but misleading ballot title.It implies it the State of Oregon,nor does the state warrant the accuracy or truth will protect property rights,but in reality it offers no guarantees of any statement made in the argument. Official 2004 General Election Voters'Pamphlet continued 4 120 1 Statewide Measures Measure 37 Arguments entity in the state.The Financial Impact Statement estimates Argument in Opposition that Measure 37 will result in direct administrative costs of up to $344 million per year even before paying a single claim.With Former Oregon Judges budgets so tight,do we really want to make additional cuts in Urge Voters To Take A Closer Cook At Measure 37 schools and services to add more bureaucracy to our As former judges we know first hand how a poorly written and government? complicated measure can lead to lawsuits,uncertainty and The League of Women Voters of Oregon increased costs. urges you to VOTE NO on Measure 37. Measure 37 is just too complex and vague.Under this measure PROTECT OUR POCKETBOOKS AND the government gets to choose who gets paid and who does OREGON'S LIVEABILITY. not.The measure doesn't say how government will make those (This information furnished by Margaret Noel,President,League of decisions,who in government will make them,or that govern- women Voters of Oregon.) ment must make the same decision for all property owners. This space purchased for$500 in accordance with ORS 251.255. If this measure becomes law,government could decide one The printing of this argument does not constitute an endorsement by thing for your neighbor's property and something totally the State of Oregon,nor does the state warrant the accuracy or truth different for yours. of any statement made in the argument. Measure 37 will cause endless lawsuits,paralyze local govern- ment permit processes,and tie up our court system.All of which Argument in Opposition will increase costs to taxpayers. We urge your"No"vote on Measure 37. Oregon Farmers&Nursery Owners Oppose Measure 37 Betty Roberts Justice We are property owners from all over Oregon who depend on Oregon Supreme Court the land for our livelihood.Our land is our single greatest invest- 1982-1986 ment-our families,workers,and Oregon's economy rely on us. Jacob Tanzer Measure 37 threatens our property. Justice How? Oregon Supreme Court 1980-1983 Measure 37 is so poorly written it will allow government to William L.Richardson decide one thing for your neighbor's property and something Chief Judge&Jud totally different for yours.That means one thing-lawsuits.As 9 9 e farmers and nursery owners we cannot afford stalled permit Oregon Court of Appeals processes,uncertainty and years of litigation.We believe 1978-1997 Measure 37 will put some farmers and nursery owners out of (This information furnished by Jacob Tanzer.) business. This space purchased for$500 in accordance with ORS 251.255. More troubling is the fact that no one knows the total cost of The printing of this argument does not constitute an endorsement by Measure 37.The financial impact statement estimates it could the State of Oregon,nor does the state warrant the accuracy or truth cost up to$344 million a year just for new local and state gov- of any statement made in the argument. single n e paperwork and administration.And,that's before a singll la e lawsuit. Argument:in Opposition But one thing j�clear,Measure 37 provides no new revenue. In today's world farmers and nursery owners need predictability THE LEAGUE OF WOMEN VOTERS OF and certainty.Measure 37 is costly,confusing,and full of OREGON OPPOSES MEASURE 37 uncertainty. MEASURE 37 IS NOT IN THE We urge you to vote NO on Measure 37. PUBLIC INTEREST Oregon Agricultural Alliance This measure forces state and local governments to make a choice they shouldn't have to make.Either pay landowners to (This information furnished by Scott Ashcom,Oregon Agricultural comply with current regulations and processes that protect our Alliance.) neighborhoods,farmland,wildlife,and open space,OR allow landowners to violate those regulations.TAXPAYERS LOSE This space purchased for$500 in accordance with ORS 251.255. EITHER WAY. The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth MEASURE 37 WILL LEAD TO of any statement made in the argument. NON-ENFORCEMENT OF LAND-USE LAWS Oregon's land-use system has been regarded as a model across Argument in Opposition country for over thirty years.We only have to look at the uncontrolled development in other states to appreciate what this legacy has meant to our quality of life.As Oregonians we care OREGON SENIORS ARE VOTING NO ON 37 deeply about managing growth,planning for development,pre- Too Much New Government,Too Many New Costs serving rural lands,and protecting our scenic vistas.Because Measure 37 will undoubtedly lead to non-enforcement of our One of the ways you can tell good ideas from bad ideas or,in land-use laws,it seeks to undo all that we have accomplished, this case,good public policy from bad public policy,is to look and we become one of those"other"states.LAND USE REGU- first at the facts,and then at who comes to the table in support LATION PRESERVES OREGON FOR ALL OREGONIANS. or opposition to a measure. WE CAN'T AFFORD IT The facts in this case are pretty clear.The state fiscal impact To deal with possible claims,Measure 37 will require new analysis says Measure 37 will cost up to$344 million a year just processes,procedures and paperwork for every governmental in layers of new government,and nobody can tell how much it Official 2004 General Election Voters'Pamphlet continued- 121 1 Statewide Measures Measure 37 Arguments will cost in the end. Southeast Uplift Neighborhood Program Money's already too tight and services are already stretched Land Use and Transportation Committee too thin.The last thing we need is more costs to taxpayers and Paul Loney,Chair more layers of government standing between people and the Brooklyn Action Corps services they need,and deserve,from our government. Emily McKinnon,Chair Measure 37 is a bad idea. Creston-Kenilworth Neighborhood Association, It costs too much,creates too many layers of new government Benjamin Hazelton,Chair and will lead to too many lawsuits. (This information furnished by Linda Nettekoven,Southeast UPLIFT We ask Oregonians to join thousands of seniors in Neighborhood Program.) Voting NO on 37. This space purchased for$500 in accordance with ORS 251.255. Gray Panthers The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth Oregon Alliance for Retired Americans Oregon Association for Retired Citizens of any statement made in the argument. (This information furnished by James Davis,Oregon Association for Argument in Opposition Retired Citizens,Gray Panthers.) This space purchased for$500 in accordance with ORS 251.255. Oregon Recreation&Park Association The printing of this argument does not constitute an endorsement by Opposes Measure 37 the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. The Oregon Recreation&Park Association(ORPA)strongly opposes Measure 37.ORPA is an organization with over 650 professional members,citizens and community advocates that Argument in Opposition provide park and recreation services throughout Oregon. NEIGHBORHOOD ASSOCIATIONS OPPOSE MEASURE 37 ORPA opposes Measure 37 for the following reasons: It's costly complex and unfair 1.Measure 37 is poorly written and consequently taxpayers We are a coalition of 20 neighborhood associations. will have to pay costly legal fees to clarify its meaning through the courts. We oppose Measure 37 because it will cost taxpayers$344 2,The state's own fiscal impact statement says Measure 37 million in administrative costs alone.We oppose creating will cost taxpayers up to$344 million annually,just to more government processes,procedures and paperwork.We oppose putting the interests of a few large landowners over the Process the new bureaucracy and paperwork required by values of fairness and citizen involvement.We oppose making Measure 37. taxpayers pay others to obey the laws we all live by. 3.In addition,based on how Measure 37 is written,no one Measure 37 does nothing to protect neighbors from the knows what the cost will be to taxpayers to fully imple- harmful effects of development.In fact,if Measure 37 passes ment it. government will no longer be required to provide notice to 4.Measure 37 provides no new revenue to pay for the costs neighbors before certain property owners build something that to taxpayers,thereby,increasing the tax burden on Oregon doesn't comply with current land use and zoning requirements. citizens. Measure 37 will undermine our right to participate in local 5.Measure 37 severely limits the ability of local communi- decisions that affect our neighborhoods.We have worked ties to acquire land for public park development by hard for over 35 years to ensure that citizens have a voice in artificially driving up the price of land and draining local decisions about development.Citizen participation is meaning- budgets. less if governments can arbitrarily choose to waive quality-of-life Measure 37 will harm public parks and recreation services protections. Measure 37 is so poorly written that it would be throughout the state.The severe budget impact caused by bottled up in the courts for years while our progerty values hang in the balance.With money so tight,we can't afford it. decisions a Measure a would seriously limit local citizens'ability make bout their own community.It will take the important Join us in saying NO to this unworkable measure and say yes to decisions about community park and recreation services from citizen involvement,accountable government,and protections citizens and give the decision-making power to costly attorneys. for our quality of life. Protect Oregon's Public Parks WE URGE YOU TO VOTE NO ON 371 Vote NO on Measure 37 Southeast UPLIFT Neighborhood Program Oregon Recreation&Park Association Linda Nettekoven,Co-Chair (This information fumished by Frank Jagodnik,Executive Director,Oregon Southeast UPLIFT Neighborhood Program, Recreation and Park Association.) Scott Vale,Co-Chair This space purchased for$500 in accordance with ORS 251.255. Brentwood-Darlington Neighborhood Association The printing of this argument does not constitute an endorsement by Sunnyside Neighborhood Association the State of Oregon,nor does the state warrant the accuracy or truth Aaron Ernst,Chair of any statement made in the argument. Buckman Community Association Argument in Opposition Susan Lindsay,Chair Center Neighborhood Association Local Community Leaders Oppose Measure 37 Mt.Scott-Arleta Neighborhood Association As Mayors,we're responsible for the day-to-day details of Jim Williams,Chair making government work for you.We work to keep your com- munities healthy and safe,with family wage jobs,good schools Official 2004 General Election Voters'Pamphlet continued 4' 1221 Statewide Measures Measure 37 Arguments and affordable housing. too precious to put at risk.Working together,we can continue to Measure 37 will make it toucher to do our job. make craft a land use program that meets the needs of all Oregonians. Why?It's pretty simple.According to the financial impact state- Thank you for taking a careful look. I hope you will join me in ment done by the State of Oregon, Measure 37 will cost up to voting No on 37. $344 million annually in paperwork and administrative expenses for governments around the state.And there may be Earl Blumenauer other costs that cannot be determined.So no one knows the total cost of this measure. (this information furnished by Congressman Earl Blumenauer.) Where will the money come from?Measure 37"provides no new This space purchased for$500 in accordance with ORS 251.255. revenue source for payments."With budgets so tight already,we The printing of this argument does not constitute an endorsement by can't afford Measure 37. the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. Please join us in voting No on Measure 37. Alan W.DeBoer,Mayor of Ashland Argument in Opposition, Rob Drake,Mayor,City of Beaverton Helen Berg,Mayor of Corvallis Dear Oregon Taxpayer, Jim Fairchild,Mayor of Dallas Richard Kidd,Mayor of Forest Grove My name is Pete Sorenson,an elected Lane County Charles Becker,Mayor of Gresham Commissioner.I grew up in Coos County,graduated from the Eugene Grant,Mayor Happy Valley University of Oregon,ran a private law firm,and served as an Tom Hughes,Mayor of Hillsboro elected Oregon State Senator.As a County Commissioner, Jim Lewis,Mayor,City of Jacksonville am deeply involved in the administration of Oregon's land Todd Kellstrom,Mayor of Klamath Falls use laws.These laws,some of the most progressive in the Judie Hammerstad,Mayor,City of Lake Oswego United States,are crucial to maintaining our environment Lindsey Berryman,Mayor of Medford and high quality of life.It is from my experience working Lori Hollingsworth,Mayor of Lincoln City with these laws as a former practicing attorney and as a Alice Norris,Mayor of Oregon City former State Senator,that I oppose this ballot measure. Vera Katz,Mayor of Portland Passing this measure will cost Oregon taxpayers money and Linda Malone,Mayor of Sandy hurt farmers.To comply with the measure it will cost Oregon tax- Ken Hector,Mayor of Silverton payers up to$344 million annually.These costs will result from David Dodds,Mayor of West Linn increased government employees to research and process Charlotte Lehan,Mayor of Wilsonville claims and from increased costs of litigation. (This information tumished by Rob Drake.) This measure provides no new sources of revenue to pay for the This space purchased for$500 in accordance with ORS 251.255. land.Because this ballot measure does not provide revenue, The printing of this argument does not constitute an endorsement by cities and counties will be forced to make cuts in places like law the State of Oregon,nor does the state warrant the accuracy or truth enforcement,drug rehabilitation,and education.With the recent of any statement made in the argument. cutbacks to local and state budgets,we cannot afford these cuts. Argument in 0 position This measure means more litigation and lawsuits.The Attorney General's office has warned of"uncertainties"and ambiguities in As a lifelong Oregonian,I urge you to take a closer look at the bill.These"uncertainties"mean more lawsuits that will cost Measure 37,its unanswered questions,costs and bureaucracy. the public money and time that could be spent in other more productive ways. Since Governor Tom McCall appointed me to the Livable Oregon Passing measure 37 means more taxes,more red tape,and Commission,I have spent my career working with Oregonians to protect the quality of life in their neighborhoods as well as more lawsuits.Please join me in voting NO on Measure 37. national treasures like the Columbia River Gorge and Mt.Hood. Thank you, In Congress, I've been privileged to help the federal government Pete Sorenson learn from the Oregon experience how to be a better partner with local communities,working with them to manage special PS-If you have any questions about the seriousness of this places and balance growth with private property rights and measure and why I oppose it,please contact me PO Box 10836, environmental protections that benefit us all. Eugene,Oregon 97440 or by calling me at(541)485-6726 or by sending me an email at sorenson2004C�juno.com I am proud of the Oregon land use planning program.Since its inception in 1973,rural and urban Oregonians have worked (This information furnished by Peter Sorenson.) closely together to make it better,responding to changing cir- This space purchased for$500 in accordance with ORS 251.255. cumstances and new opportunities.Now,more than thirty years The printing of this argument does not constitute an endorsement by later,our pioneering land use system remains one of the best in the State of Oregon,nor does the state warrant the accuracy or truth the United States,attracting world wide attention and praise. of any statement made in the argument. Is it perfect?Are we finished?Absolutely not,because Oregon is dynamic and growing.But as we work to make our land use Argument in Opposition planning program better,we need to do it the Oregon way-- together.What we can't afford is an expensive,complex,and VOTE NO ON MEASURE 37 bureaucratic fix that creates more problems than it solves. I urge you to join me in rejecting this poorly-thought-out and The American Institute of Architects Oregon Chapter is made up untried proposal.One of the lessons we've learned over the past of individuals from throughout the state who depend on devel- thirty years is that we need to make changes carefully,know opment and construction.We believe that measure 37 is an what we are doing,and understand what the outcomes will be. attack on the orderly development that is important for the Our homes,our businesses and our special places are simply quality of life enjoyed by Oregonians. Official 2004 General Election Voters'Pamphlet continued- 123 1 Statewide Measures Measure 37 Arguments MEASURE 37 WILL DISCOURAGE INVESTMENT IN OREGON Measure 37 will lead to more lawsuits and litigation.There are no limits to the number of claims and lawsuits that can be Taxpayers can't afford the potential costs imposed by measure filed under Measure 37.Our businesses and our lands can't 37,and the alternative under 37 is to"forgo enforcement"of our land use regulations.A business needs to know that investment afford more legal uncertainties and ambiguities. in a new factory or office will be secure before that investment Measure 37 puts our economic success story at risk. will be made.Our land use regulations provide this security; Oregon's wine industry has helped create good paying jobs measure 37 takes it away. throughout Oregon.We're proud of our contribution to our state MEASURE 37 WILL UNDERMINE HOME AND NEIGHBORHOOD and local economies.But Measure 37 will make it more difficult for us to do business and continue supporting Oregon's eco- VALUES nomic recovery. Our land use regulations provide stability for home values and Help preserve"vintage"years for Oregon's neighborhood livability.Investment in home and neighborhood farmlands and economy improvement will be discouraged if one property owner can decrease neighbors'property values by turning a home into a Please join us in voting"NO"on 37 commercial use.Would anyone pay you as much for your home David Adelsheim Doug Tunnell,Proprietor if your neighbor could decide next week to sell used cars in the Adelsheim Vineyard Brickhouse Vineyards front yard? Michael Freres el Harry Peterson-Nedry MEASURE 37 IS UNFAIR AND DECEPTIVE Beaux Freres Winery Chehalem Economic windfalls will go to a few large landowners while tax- Dick and Nancy Ponzi Eric Lemelson payers foot the bill and face uncertainty in the value of their Ponzi Vineyards Lemelson Vineyards homes,neighborhoods and businesses.Large timber,mining and development interests will be released from protecting the Eyrie Vineyard Oregon Winegrowers Association environment while the rest of us face higher taxes,instability and uncertainty. (This information furnished by Eric Lemelson,Lemelson Vineyards.) MAINTAIN THE VISION THAT MAKES OREGON SPECIAL This space purchased for$500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by The citizens of Oregon have worked for many years for orderly the State of Oregon,nor does the state warrant the accuracy or truth development that protects the livability of our neighborhoods ofany statement made in the argument and safeguards citizens'investments in property.We can con- tinue to improve land use regulation to serve the citizens of Oregon without using Measure 37 like a wrecking ball that would Argument in Opposition also demolish everything good about our land use regulations. P TEACHERS,PARENTS,AND SCHOOL SUPPORTERS LEASE JOIN US TO VOTE NO ON MEASURE 37 OPPOSE MEASURE 37 American Institute of Architects Oregon Chapter With Money So Tight Already,What's Going to Happen to (This information fumished by Jonathan Stafford,2004 President, Education? American Institute of Architects Oregon Chapter.) We've all seen the unfortunate headlines about shortened school This space purchased for$500 in accordance with ORS 251.255. years and districts closing days and even weeks early.Our The printing of this argument does not constitute an endorsement by public schools have suffered staff reductions and program cuts the State of Oregon,nor does the state warrant the accuracy or truth across the board.As teachers,parents,and school supporters of any statement made in the argument. we have seen the devastating impacts these cuts have on our students and in our classrooms. Argument in Opposition Measure 37 costs too much,will force more cuts to education, and takes needed resources out of our classrooms.Our schools Oregon's Wineries and Grapegrowers and our students can't succeed with fewer school days and less Urge Oregonians to Reject Measure 37 money. Our story is a true Oregon success story.Oregon's farmland Measure 37 will drain badly needed resources from preservation laws have helped to protect the land we rely on to our schools grow,make,and market some of the world's best wines.Oregon We need our tax dollars to go directly into the classroom.We wines are now recognized and respected around the world,and don't need more paperwork and processes that have nothing to tourists come to visit us,taste our wines,and enjoy the beauty do with educating Oregon's children.If Measure 37 passes,it of our state.We've created an industry that employs thousands will cost taxpayers up to$344 million dollars a year and put of Oregonians and pumps millions of dollars into our state and Oregon's schools at risk for another round of budget cuts. local economies. • Measure 37 creates more uncertainty and instability You don't have to be a wine drinker to appreciate the economic for schools contributions the wine industry brings to our state. The last thing our schools need is more uncertainty.Oregon's But Ballot Measure 37 is a direct threat to the livelihood of schools need stability and every child in Oregon deserves a full grapegrowers,wineries and farms throughout Oregon. school year and reasonable class sizes.Measure 37 jeopardizes Measure 37 jeopardizes our land our industry our ability to provide a quality education for Oregon's children. and puts thousands of jobs at-risk • Measure 37 will lead to more lawsuits and litigation Measure 37 creates unnecessary procedures and processes No one can say how much Measure 37 will cost in the long run. and will give government the choice of eliminating farmland But it will lead to more litigation and lawsuits.That's money that protections.State and local government will need to create new will have to come out of other budgets like public education. procedures to process claims and research development stan- The schoolchildren of Oregon will get shortchanged...again. dards that existed on land going back more than 50 years. Official 2004 General Election Voters'Pamphlet ' continued 4 1241 Statewide Measures Measure 37 Arguments Measure 37 costs too much and it's just too risky for education. Argument in Opposition Vote NO on Measure 37. AMERICAN FARMLAND TRUST OPPOSES MEASURE 37 Oregon Education Association Measure 37 Would be Costly and Unfair American Federation of Teachers—Oregon Oregon PTA American Farmland Trust works in Oregon and across the c o u n- Coalition for School Funding Now try to protect agricultural lands and to support their management in a way that is friendly to the environment.We oppose Measure (this information furnished by Chris Coughlin.) 37 because: This space purchased for$500 in accordance with ORS 251.255. • Measure 37 creates uncertainty and litigation over land The printing of this argument does not constitute an endorsement by use issues that will make it ever more difficult for farmers the State of Oregon,nor does the state warrant the accuracy or truth to buy and own land. of any statement made in the argument. e Measure 37 will result in unfair and uneven application of the land use laws that will fragment our agricultural communities Argument in Opposition and make farming more difficult and less profitable. Oregon's Conservation Community Opposes Measure 37 - Measure 37 undermines Oregon's laws that protect farmland from overdevelopment,and thereby threatens Oregon's Measure 37 is a costly bureaucratic can of worms that will agricultural heritage. drain Oregon's precious tax dollars at a time we can least e Measure 37 creates government bureaucracy and red tape afford it. that will result in increased taxes making it even more Measure 37 also threatens Oregon's Conservation Legacy difficult for farmers to stay in business. For thirty years,Oregon has built a legacy of using land use if Measure 37 becomes law small family farms in Oregon will safeguards to protect farmland from overdevelopment.We have suffer.It will become more difficult for new farmers to enter the promoted responsible growth in our cities,while making sure farming business.A few large,wealthy land-rich farmers who Oregon's prime farmland continues to grow food and crops- can work the system and hire lawyers might benefit in the short- helping the economy and environment at the same time. term by selling off their holdings for development or taking This measure is a sneaky way to roll back those safeguards advantage of Oregon taxpayers.But most smaller family farms for the benefit of a few. will suffer.The long-term impact will be to destroy Oregon's wonderful agricultural economy How?By making it impossibly expensive for the state and cities Please Vote NO on Measure 37 to maintain farmland zoning. American Farmland Trust Read the fine print.Measure 37 allows for claims based on regulations passed decades ago,so up to one-half of our (this information furnished by Don Stuart American Farmland Trust.) prime farmland could see claims.Unless taxpayers come up This space purchased for$500 in accordance with ORS 251.255. with hundreds of millions of dollars-or more-we'd see strip malls and big box stores sprouting from our farmland instead of The printing of this argument does not constitute an endorsement by the crops that feed us. the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. And the measure offers no standards,so government could decide one thing for your neighbor's property and something Argument,Ih Opposition totally different for yours.Big corporations and special inter- ests would see the benefit,while ordinary taxpayers would pay the bill. OREGON NURSERY OWNERS AND OPERATORS OPPOSE MEASURE 37 Of course,even if we let our farmland get paved over,this meas- ure will still cost taxpayers hundreds of millions of dollars just for As owners and operators of nurseries,we urge you to VOTE all the administrative costs,bureaucracy,and lawsuits it would NO ON MEASURE 37 so our industry can continue to thrive trigger to figure out who's owed what,going back decades. and provide jobs for Oregonians. That's why conservation groups have joined with farmers, Nurseries in Oregon are mostly small,owner-operated firms, businesses,and unions to oppose Measure 37.Join us in but our industry is making a big contribution to our state's voting NO. prosperity.Oregon's fast growing nursery industry is now the The Trust for Public Land largest contributor to our state's$3.5 billion agricultural economy. In 2002 Oregon trailed only California and Florida in total Friends of the Columbia Gorge horticultural production,with a record$727 million in sales- Oregon Environmental Council the 12th straight year of increased sales. Coalition for a Livable Future Oregon Council Trout Unlimited Unlike many other agricultural commodities,most of Oregon's Oregon League of Conservation Voters nursery products are grown in counties that also have large Oregon Shores Conservation Coalition urban populations.The top five nursery producing counties in Oregon State Public Interest Research Group(OSPIRG) the state are Marion,Clackamas,Washington,Yamhill and Sierra Club Multnomah Counties. Tualatin Riverkeepers By protecting our industry's land base from uncontrolled urban (This information furnished by Jonathan Poisner,Executive Director sprawl.Oregon's land use and farmland protection laws have , Oregon League of Conservation Voters.) enabled nurseries to flourish even in the face of rapid popula- tion growth.These laws have been essential to maintaining the This space purchased for$500 in accordance with ORS 251.255. basic livelihood of thousands of Oregonians who earn their living The printing of this argument does not constitute an endorsement by in nurseries and other agricultural operations. the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. Official 2004 General Election Voters'Pamphlet continued 3 1251 Statewide Measures Measure 37 Arguments MEASURE 37 WOULD HARM OREGON'S NURSERIES Argument in Opposition Measure 37 hurts nursery operators and taxpayers by creating layers and layers of new government processes and procedures Polk&Yamhill County Farm Bureaus Say"Vote No On 37" and rolling back the safeguards that protect Oregon nursery land from over-development.That's why nursery owners and oper- If everyone in Oregon lived on a farm in beautiful Polk or Yamhill ators from across the state urge Oregonians to Vote No on County Measure 37 would be easily voted down.In 2003,Polk Measure 37. County farmers sold their crops for$119 million and Yamhill even more-$225 million,generating these counties'largest Alice Doyle and Greg Lee Bob Iwasaki source of private sector income.Farmers spent this income in Log House Plants Nurseryman the community to meet payrolls and pay taxes,and to buy Cottage Grove Washington County trucks,farm equipment,fuel,seed,supplies,insurance,medical Rod Park Blooming Nursery services,groceries,etc.,etc.Measure 37 threatens this annual, Park's Nursery Washington County countywide flow of dollars and the way of life and magnificent Gresham countryside that goes along with profitable farming. Egan Gardens Farmers need good soil,good sense,capital,hard work and Salem luck.But farmers also need supportive laws.For 28 years Oregon has had two laws-farm use zoning and special assess- (This information furnished by Rod Park,Park's Nursery.) ment taxation-that strongly support farming. Besides T generating costs and bureaucratic red tape for all Oregonians, This space purchased for 5500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by Measure 37 will ruin these two crucially important farm laws. the State of Oregon,nor does the state warrant the accuracy or truth Measure 37's talk about compensation is just a"come on"to of any statement made in the argument fool voters into forcing counties to open up rich farmland to speculators and developers,even if a decline in farming would Argument in Opposition hurt everyone else.Counties don't have the money or the incli- nation to pay compensation.In either case,Measure 37 requires OREGON CHAPTERS OF THE AUDUBON SOCIETY counties to weaken farmland protections and would be very URGE YOU TO VOTE NOON MEASURE 37 detrimental to Oregon agriculture. Please join us in voting"No"on Measure 37. Should Oregon Taxpayers Pay Millions of Dollars to Create New Government Bureaucracy Required By a Measure that Dean Freeborn,President Guarantees Uncertainty and Litigation? Polk County Farm Bureau Rickreall Ballot Measure 37 will cost as much as$344 million annually, just for state and local governments to set up and operate the Dave Cruickshank,President program,according to a financial impact analysis conducted by Yamhill County Farm Bureau the Oregon Secretary of State,Treasurer and Directors of State McMinnville Revenue and Administrative Services. (This information furnished by Dean Freeborn,President,Polk County While threatening laws and regulations that rp otect rivers, Farm Bureau.) wetlands,forests and wildlife,the measure seems bound to This space purchased for$500 in accordance with ORS 251.255. generate only uncertainty.The state Attorney General's Office, The printing of this argument does not constitute an endorsement by for example is concerned that the measure will generate legal the State of Oregon,nor does the state warrant the accuracy or truth ambiguities,uncertainty and several areas of significant dispute. of any statement made in the argument. (Department of Justice memorandum,July 19,2004). The best that anyone can say about the effect of this measure is Argument Ih Opposltiori "no one can say." • Effect on land outside the UGB? LINN COUNTY FARM BUREAU OPPOSES MEASURE 37 • Impact on established single-family neighborhoods? • Ability of governments to pay to waive existing zoning Overall it will be bad law for family agriculture in Oregon and for regulations? Oregonians who have demonstrated that they prefer Oregon NO ONE CAN SAY FOR SURE! produced agricultural products. If Measure 37 passes we lose our ability to keep our communi- Measure 37 would require compensation for land use regulations ties good places to live--for both wildlife and people. that restrict the use of private real property but provides no funding for that compensation.Governmental bodies faced with WE URGE YOU TO VOTE NO ON MEASURE 37 a compensation demand can opt out of applying the established Audubon Society of Portland land use laws to placate that demand.That is just what will Audubon Society of Corvallis happen. Kalmiopsis Audubon Society Measure 37 is not about compensation,it is about severely Lane County Audubon Society degrading thirty years of relative stability for Oregon agriculture. Salem Audubon Society Rogue Valley Audubon Society Oregon agriculture requires a stable land base.Measure 37 will destabilize that foundation.Commercial agriculture will be reluc- (This information fumished by Meryl Redisch,Audubon Society of tant to commit the money,time,and equipment to continue Portland.) creating food and fiber without the expectation that they will not This space purchased for$500 in accordance with ORS 251.255. have to deal with the problems generated by non-resource The printing of this argument does not constitute an endorsement by demands in resource zones. the State of Oregon,nor does the state warrant the accuracy or truth Agriculture is more than just yearly crops.It is a multi-generation of any statement made in the argument. commitment. Measure 37 destroys the stability that nurtures this commitment. Official 2004 General Election Voters'Pamphlet ` continued 1261 Statewide Measures Measure 37 Arguments VOTE NO ON MEASURE 37 • Measure 37 will mean more cuts for important health LINN COUNTY FARM BUREAU care programs,senior services,tobacco prevention and other critical services. Dan Thackaberry,President • Measure 37 will cost Oregon taxpayers and businesses Lebanon up to$344 million dollars a year just to pay for new (This information furnished by Dan Thackabeny,Linn County Farm processes and paperwork. Bureau.) It's time to make Oregon the great place we know it can be.But This space purchased for$500 in accordance with ORS 251.255. we can't do those things if Measure 37 becomes law. The printing of this argument does not constitute an endorsement by Please voted on Measure 37. the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. (This information furnished by Phil Donovan,Human Services Coalition of Oregon.) Argument in Opposition This space purchased for$500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by Oregon Family Farms Oppose Measure#37 the State of Oregon,nor does the state warrant the accuracy or truth ofany statement made in the argument. As family farmers and ranchers from every corner of Oregon,we respectfully ask our fellow Oregonians to VOTE NO ON Measure #37 to protect Oregon's farm,ranch and forest land. Argument in Opposition Jim Monroe Judson Parsons Measure 37 is harmful to our heritage Sheep,Timber Timber,Hay,Grain Linn County Jackson County Oregonians are justifiably proud of our history and heritage. Kenagy Family Farm,Inc. Diana Gardener We've worked hard to preserve historic resources in our down- Benton County Hardwoods towns,neighborhoods,and in the rural areas of the state. Marion County However, Measure 37 endangers the ability to preserve and protect our cultural heritage.That's why we are opposed to it. David Vanasche,Owner Jim and Margaret Wood None of us like regulations,and Measure 37 is a regulation of Vanasche Farm Cattle,Horses,Timber the worst kind—unnecessary and harmful,wasteful and bureau- Washington County Crook County cratic.Put into place, Measure 37 will burden our communities J&T Farms Richard Holcomb with extra costs and layers of bureaucracy and leave us nothing Vegetable Seed,Grass Seed,Hay Cattle,Timber in return. Grain,Horse Stables Douglas County The tools that now help preserve Oregon's heritage resources Marion County will be undermined and irreparably harmed if Measure 37 is put Larry Pearmine Gary L.Harris into place.Cherished historic resources that have come to Vegetable Crops,Grass Seed,Cherries Onion&Carrot Seed symbolize the identity of our communities could disappear,only Marion County Jefferson County to be replaced by new construction,developments,parking lots, and unchecked development.Not only could these irreplaceable (This information furnished by Jim wood.) historic resources be eliminated,the livability of our state, This space purchased for$500 in accordance with ORS 251.255. the very reason people live in and visit Oregon,could be The printing of this argument does not constitute an endorsement by compromised. the State of Oregon,nor does the state warrant the accuracy or truth Despite what others may say,Measure 37 could actually endan- of any statement made in the argument. ger property values by stripping property owners of longstanding protections that help preserve our cultural heritage. Existing Argument in Opposition Zoning protections could be replaced with regulations that allow uncontrolled sprawl and development,destroying the historic The Human Services Coalition of Oregon fabric of our neighborhoods and communities.If enacted,local Urges a NO Vote on Measure r governments could be faced with the prospect of either protect- ing our state's heritage or paying someone thousands of dollars A weak economy has hurt a lot of children and families in not to build a retail superstore in your neighborhood. Oregon: Let's not saddle ourselves with unnecessary and harmful legis- • Working parents can barely afford health care and child lation that will compromise Oregon's irreplaceable cultural care. resources and lead to an unstable,uncertain,and costly future. • Food pantries and soup kitchens are maxed out. Join us in voting no on Measure 37. Michael Teskey,president Stephen Poyser,president • Fewer services and programs are available for mental and Historic Preservation League Oregon Preservation Alliance chemical dependency treatment. of Oregon www.oregonpreservation.org • Our most vulnerable citizens,the elderly and disabled,are www.h I�o.ora stretched to the breaking point. (This information famished by Michael Teskey,President Historic The Human Services Coalition of Oregon includes hundreds of Preservation League of Oregon.) human services providers,associations,county agencies and This space purchased for$500 in accordance with ORS 251.255. individuals working together to ensure the very basic needs of The printing of this argument does not constitute an endorsement by Oregon's poorest and most vulnerable residents are met. the State of Oregon,nor does the state warrant the accuracy or truth We have studied Measure 37 and believe it is a bad deal for ofany statement made in the argument. Oregon: • Measure 37 creates unnecessary government bureau- cracy and red-tape. Official 2004 General Election Voters'Pamphlet continued 127 1 Statewide Measures Measure 37 Arguments Measure 37:Harder to Protect the Value of Your Home Argument in Opposition Still think this won't affect you?This measure creates new rules City Club of Portland Opposes Measure 37 that saYyou might not receive any notice and won't have anv ycgy if the government decides to allow some of your neichbors The City Club of Portland is a nonprofit organization established to develop their pro eeft any way they want.And that's not fair. to inform the community of public matters.We strongly oppose Measure 37 based on past City Club research and recom- mendations.After 15 months of study by an objective research Join us and Vote NO on 37 committee screened for conflict of interest, members agreed with their recommendations that certain principles should guide SEW Local 503,OPEU compensation policies developed through legislative or initiative www.SEIU503.org processes.Oregon's planning program is a successful tool for accomplishing many goals that are in the public's interest.We rtes information furnished by Arthur Towers,Service Employees International union Local503,OPEU.) oppose the measure because of the following as expressed in I the original City Club report: This space purchased for$500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by • If a compensation scheme is presented to voters,it should the State of Oregon,nor does the state warrant the accuracy or truth include a corresponding funding mechanism. of any statement made in the argument. • If government is required to pay compensation to a property owner,it should acquire an enforceable property- related right. Argument in Opposition • Only losses of value above a certain threshold should be eligible for compensation. AMERICAN CANCER SOCIETY • Compensation for losses by regulatory takings should be AMERICAN HEART ASSOCIATION funded,to the extent practicable,by revenue generated AMERICAN LUNG ASSOCIATION from property owners who benefit from changes in land use Urge you to Vote"NO"on Measure 37 regulation. The City Club also recommends that the Governor and Measure 37 Will Harm Important Health Programs: Legislature begin a public process to identify the appropriate Programs to reduce heart disease,lung disease and cancer will balance between property rights and community interests.They be harmed by Measure 37,because the measure's high adminis- should use input from this process to work with interested and trative costs will force cuts in important public health programs affected parties to craft and implement a statutory compensa- in Oregon. tion program that follows the principles described above. Measure 37 creates layers of processes and procedures that will Measure 37 is inconsistent with the City Club's principles,partic- cost taxpayers money,but the measure"provides no new rev- ularly those requiring an adequate funding mechanism.No enue source for payments." funding mechanism is associated with Measure 37.We urge the Where's the money going to come from for more than$300 people of Oregon to vote No on this costly measure. million of administrative costs per year and even more to pay (This information famished by Arnold Cogan,The City Club of Portland) claims? This space purchased for$500 in accordance with ORS 251.255. Measure 37 Will Cause More Cuts to Basic Services: The printing of this argument does not constitute an endorsement by State and local agencies will be forced to make severe cuts the State of Oregon,nor does the state warrant the accuracy or truth across the board.That means: of any statement made in the argument. : More cuts to the Oregon Health Plan More cuts to tobacco prevention • More cuts to senior services Argument in Opposition • More cuts to other important public health programs Measure 37:Another Flawed Initiative ALL just to cover the new costs associated with Measure 37! Measure 37 Lacks Clarity—Yet Another Measure that Says Working Oregonians have faced an incredible burden the past One Thing But Does Something Else: few years.The highest unemployment rate in the nation,higher Another problem with Measure 37 is a vague exemption clause prices for necessities like prescription drugs and gasoline,and for issues of public health.The clause lacks clarity with regard to longer hours for less pay.The last thing we need is another whether protecting workers from the hazards of secondhand flawed ballot measure that makes it harder for families to pet smoke would fall under this exemption. ahead Measure 37:The Supreme Court Already Threw Out Under Measure there is the potential that businesses could file a claim due to o state and local clean indoor air regulations. a Similar Measure Case-by-case decisions that businesses are exempt from This measure is flawed and so full of loopholes and fine print smokefree workplace laws would undermine the laws'effective- that it will lead to more lawsuits and litigation.Measure 37 ness and complicate enforcement. will bury the average Oregonian knee deep in red tape and Measure 37 is bad for Public Health and bad for Oregon, paperwork. Please.loin Us in Voting NO On 371 Measure 37:A Costly Burden For Working Families American Cancer Society Y Don't forgot that it will cost up to$344 million dollars a year ust J American Heart Association to for the paperwork associated with this measure.That's American Lung Association money that has to come from somewhere.Public education, health care,and public safety will face more rollbacks and (This information furnished by John Valley,American Heart Association.) reductions if this measure passes.And Oregon families can't This space purchased for$500 in accordance with ORS 251.255. afford that. The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. Official 2004 General Election Voters'Pamphlet continued 1281 Statewide Measures Measure 37 Arguments Measure 37 is a blank check,drawing on the resources of every Arguinent in Opposition town and county in our State.Oregon's taxpayers can't afford that bill.And we can't afford losing our farm and forest lands, Oregon Chapter of the American Planning Association our spectacular coastline,or our own neighborhoods. Opposes Measure 37 That's why we're joining with 1000 Friends of Oregon The Oregon Chapter of the American Planning Association urges to urge you to VOTE NO on MEASURE 37. Oregonians to vote No on this measure: Matt Hennessee • It will undo farmland protections CEO,QuikTrak, Inc. • It will take millions of dollars to implement Portland • The full costs are not known Henry C. Lorenzen • No revenue sources are identified H&C Lorenzen Farm • It is unfair;the new rules will pit neighbor against neighbor, business owner against business owner Member,State Board of Higher Education Pendleton Attorney General Hardy Myers'office has warned that Measure 37 was fraught with"uncertainty",and would result in"signifi- Hector Macpherson cant disputes"over its effects.(Department of Justice Bannockburn Farms memorandum,July 19,2004).We agree. Measure 37 would set Oregon State Senator,1971-75 back years of Oregonians'efforts to protect farmland and Albany improve housing,transportation,and economic development in Denyse C.McGriff our communities.Passage would be costly and create chaos. Board President,1000 Friends of Oregon According to official estimates,the uncertainties in this measure Oregon City would cost Oregon taxpayers up to$344,000,000 in the first Norma Paulus year alone.This is an assault on Oregonians'quality of life and Oregon Secretary of State,1977-85 pocketbooks.No new revenue sources are identified to pay for Portland the cost of administration and according to the state,full costs "cannot be determined". Dick Ponzi Ponzi Vineyards The measure would create new sets of rules-differing for nearly Gaston every property in the state.Measures to protect property values would be waived or not enforced. Barbara Roberts Governor of Oregon,1991-95 All Oregonians lose if Measure 37 passes.Decisions about Portland how to use our property will be made by the courts after costly lawsuits instead of by the people.At a time when resources are Homer Williams already scarce,Oregon doesn't need this mess. Williams&Dame Portland The Oregon Chapter of the American Planning Association exists to protect the legacy of our natural environment,improve the (This information furnished by Bob Stacey,Executive Director, 1000 physical environment,foster social and environmental equity, Friends of Oregon.) and advocate for citizens'ability to participate.Our more than This space purchased for$500 in accordance with ORS 251.255. 800 volunteer and professional planners are dedicated to main- The printing of this argument does not constitute an endorsement by taining and improving the quality of life in Oregon. the State of Oregon,nor does the state warrant the accuracy or truth Vote No on Measure 37. of any statement made in the argument. (This information fumished by Robert E.Clay,Oregon Chapter,American Argument in Opposition Planning Association.) This space purchased for$500 in accordance with ORS 251.255. THE NATURE CONSERVANCY URGES YOU TO The printing of this argument does not constitute an endorsement by VOTE NO ON MEASURE 37 the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. The Nature Conservancy is a private,non-profit land conserva- tion organization devoted to protecting important habitats Argument in Opposition IF land stewardship and cooperative partnerships IF MEASURE 37 PASSES,THE RESULTS WILL BE: No On 37 -YEARS OF UNCERTAINTY It's Bad for Oregon -COMPLEX COURT CASES It's Bad for Taxpayers -NEW LAYERS OF GOVERNMENT BUREAUCRACY -UP TO$344 MILLION A YEAR IN COSTS TO TAXPAYERS Oregon's land use planning laws protect Oregon's heritage and strengthen Oregon's future.Measure 37 is a dangerous threat to Oregon's natural heritage is at risk.The efforts of thousands of those laws—a threat we can't afford. Oregonians working to save important natural treasures will be disrupted. Measure 37 will force communities across Oregon to choose: either pay developers not to build,or grant exemptions to the The Nature Conservancy believes strongly in rp ivate propert y rules the rest of us follow. Either way,the choice will cost tax- ljghts.Through the free market we have protected over 175,000 payers dearly. acres at 110 places throughout Oregon. Worse,it will cost us all millions just for government to investi- We support fair and balanced land use planning and habitat gate claims,establish procedures,and make the decisions protection laws. required by this poorly written,ill-conceived measure.The offi- Measure 37 will replace common sense rules protecting fish cial fiscal impact analysis says Measure 37 will cost up to$344 and wildlife with cumbersome bureaucracy and red tape. million every year for paperwork alone,before a single claim is paid. Oregonians care about protecting our natural resources.Many Official 2004 General Election Voters'Pamphlet continued 4 1291 Statewide Measures Measure 37 Arguments are hard at work volunteering to restore habitats and conserve Ar ument In' OSItIOn forests,farms and ranches.We're preserving these natural g pp treasures in the best Oregon tradition. Homeowners Oppose Measure 37 Measure 37 will unravel decades of voluntary conservation work in hundreds of communities across Oregon. Protect Private Property Rights Measure 37 will take conservation decisions out of the What will happen to your home or your property when gov- hands of the public and into the hands of the courts. ernment can change the regulations and rules as they go We can't take our rich natural heritage for granted.Purchasing along? critical parcels for protection,managing important habitats for Measure 37 is so poorly written it allows government to decide fish and wildlife,protecting water quality, restoring rivers and one thing for your net h or's r{ro e�rty and something totally wetlands,protecting our farms and forests—these are critical different for yours, investments we must continue to make for Oregon's future. And that's just wrong.Treating homeowners and property Measure 37 will cost hundreds of millions of dollars,taking owners fairly is the foundation of our country. dollars away from schools,health care and public safety. Please join us in voting"No"on Measure 37. Oregon's investments in conservation will be severely handicapped. Nancy Thompson Shelly Wetherell and Our board of trustees respectfully �r es voters to say NO to 176th Court,Beaverton Mike Wetherell �.4 Mode Road, Umpqua Measure 37. Russell Hoeflich,Oregon Director Bob Delong Ronald A.Buel Tom ell Hof Chair,Oregon Board of Trustees Summer St.NE,Salem Washington Street,Manzanita Robert Gootee,Vice Chair Marcello Napolitano David P. Miller Richard Reiten,Vice Chair SW Borwick Rd,Hillsboro NW Brugger Road,Portland Dolorosa Margulis,Treasurer Mark Tipperman Liz Frenkel Peter McDonald,Secretary McIntyre Road,La Grande NW Vista PI,Corvallis Carter MacNichol,Chair Emeritus David Ausherman Kasandra Griffin (This information furnished by Russell Hoeflich,Oregon Director,The Upper Drive,Portland SE 34th Avenue, Portland Nature Conservancy.) This space purchased for$500 in accordance with ORS 251.255. William Boyer Laurel Hines The printing of this argument does not constitute an endorsement by Jordan Rd,Sisters Lake Drive,Salem the State of Oregon,nor does the state warrant the accuracy or truth Douglas Holbrook Kassetra Stevenson of any statement made in the argument. 8th Street,Lincoln City North Heights Drive,Albany Camille Hall James H.Hicks Argument in Opposition Mountain View Drive,Corvallis Mason St, Portland For goodness sakes,VOTE NO on Measure 37 and help head Julie Sterling James Wodarczak off a statewide disaster.If passed into law,this innocent Myrtle Street,Portland Ripplewood Drive,Yamhill appearing measure could disrupt and disorganize the now quiet, Henry M.Reeves and Betty Wodarczak peaceful residential zones by allowing factories and other uses Merilyn Reeves Ripplewood Drive,Yamhill allowed years ago but are now banned.Property that has been Boulder Creek Lane,Amity in the same ownership for many years will be eligible for com- Mary Koehler Jim Just pensation for the down zoning that has occurred or be allowed 5th Avenue,Hillsboro Almen Drive, Lebanon to use the property according to what was allowed at the time of purchase.There is not enough money in sight to pay off for Tonya Graham Ray Thorp downzoning,so the previous right would have to be allowed. Lit Way,Ashland Van Pelt Drive,Brookings The same is true for the Exclusive Farm Use(EFU)zones. Josie G.Mendoza Cheryl Thorp Sporadic housing and other uses now banned would spring up Terrace Drive,Lake Oswego Van Pelt Drive, Brookings in the EFU zones.The only criteria here again for compensation or change of use is the length of continuous ownership—no Megan Knight Eleanor L. Pearson consideration is given for availability of water,type of soil or SW 182nd Terrace,Beaverton SE Division Street, Portland drainage.This also could cause a shift in school populations and Cindy Deacon Williams Lisa Hargrave create problems for fire protection and police patrol.The final Pioneer Road,Medford May Street,Hood River result would be the destruction of many of the EFU zones right in the best farming areas. (This information furnished by Kassetra Stevenson,Albany.) If passed,this measure would financially benefit a few and This space purchased for$500 in accordance with ORS 251.255. terribly damage many.Our beautiful State of Oregon would be The printing of this argument does not constitute an endorsement by damaged for lack of organized land use planning that goes the State of Oregon,nor does the state warrant the accuracy or truth along with civilization.What we have is not perfect,but it is cer- of any statement made in the argument tainly better than the statewide disaster that the enactment of Measure 37 into law would cause. Argument in Opposition Jack R.Chapin Measure 37 is not about property rights or compensation for (This information furnished by Jack R.Chapin.) loss of use of property.This measure's sole motive is to destroy This space purchased for$500 in accordance with ORS 251.255. land use planning or protective zoning in all areas of the State of The printing of this argument does not constitute an endorsement by Oregon. the State of Oregon,nor does the state warrant the accuracy or truth Under this measure,unless a filed claim is compensated for a of any statement made in the argument perceived loss of value in their property because of its zoning, Official 2004 General Election Voters'Pamphlet ' continued 4' 1301 Statewide Measures Measure 37 Arguments the filer,in many cases may use their property as it was zoned Join business leaders,small business owners and County or not zoned when acquired by them or their forefathers. Farm Bureaus across the state working to protect and Compensation is impracticable,without large increases in taxes, enhance Oregon's economy. so current ordinances and laws that cover that property could VOTE NO ON MEASURE 371 be waived. A residential zone could even be infiltrated by commercial or Submitted by: industrial uses by property owners who held that property before Lynn Lundquist,President,Oregon Business Association it was zoned as it is now. Tom Kelly,President,Neil Kelly Construction,Inc.(founding Board Chair of OBA) It is important to remember zoning gives protection and surety Jim Kelly James A.Zehren whether owning or acquiring new property.Oregon has devel- Michael Powell Kevin A.Lynch oped and pioneered a valuable land use planning system.Don't Mark A.Long Nik Blosser let it be destroyed by this measure,which would allow certain John W.Russell-President,Russell Development holders of property to do as they please with their property, which may infringe on your rights.Property rights have two John Emrick-President and CEO,Norm Thompson sides;zoning may tend to restrict but it also protects from others Paul Burnet-CH2M HILL harmful actions. Stephen J.Petruzelli Remember,zoning allows you full use of your property within the (This information furnished by Lynn Lundquist,President,Oregon zone it is situated.Farmers in exclusive farm use zones are free Business Association;Tom Kelly,President,Neil Kelly Construction,Inc., to farm and have been compensated by property tax considera- founding Board Chair OBA.) tions for keeping their land in agriculture.Let us keep our environment that we all enjoy and use. Land use planning in This space purchased for$500 in accordance with ORS 251.255. Oregon has been upheld by courts and by statewide votes in the The printing of this argument does not constitute an endorsement by past.Do not destroy the system by passage of this measure. the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. Let's keep Oregon Oregon! Marion County Farm Bureau Argument in Opposition (This information furnished by Larry Wells,President Board of Directors, Former Governor Kitzhaber warns, Marion County Farm Bureau.) "This measure was flawed before and it is flawed again"" This space purchased for$50D in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by They're back. the State of Oregon,nor does the state warrant the accuracy or truth In 2002 while I was Governor,the Supreme Court threw out the of any statement made in the argument. last ballot measure drafted by the same people who bring you Measure 37. Argument in Opposition That measure was flawed and so is Measure 37, Business Leaders Say NO to Measure 37 And just this July,the Oregon Attorney General's office wrote an analysis of the likely effects of their new initiative.That analysis The Oregon Business Association is a bi-partisan business found"uncertainty,""significant ambiguities"and"areas of organization representing over 250 companies—large and dispute"within the new measure. small—across Oregon. (Department of Justice memorandum,July 19,2004). We strongly oppose Measure 371 And in their recent editorial against Measure 37 the Medford Mail • Measure 37 will create too many complex layers of new Tribune wrote, governments "It would open the floodgates to land-use As business people,we expect state and local governments to lawsuits,degrade the livability of our state be as streamlined and efficient as possible.Yet Measure 37 will and force local governments to cut existing services or raise taxes to pay the costs.' require over 300 government entities and agencies to create new processes,new procedures and new paperwork just to deal Medford Mail Tribune,July 6,2004 with the bureaucracy mandated by the measure. Measure 37 is a mess.It is poorly written and full of loopholes. • Measure 37 creates a bureaucratic nightmare,adding It creates all sorts of uncertainties for property owners.For significant costs to taxpayersl example,the measure says government can decide one thing As business people,we carefully evaluate the costs and risks for yolur neighbor's property and something entirely different for of any new project we may undertake.After looking closely at Yours. Measure 37,we believe it is too risky.We know it will cost tax- One thing is certain,Measure 37 means more legal chal- payers and businesses up to$344 million dollars a year just to lenges,more litigation,and more lawsuits.Local permit deal with the paperwork and red tape. But the state's fiscal processes will be stopped in their tracks while our courts are analysis concludes that the final cost to businesses and tax- tied up with lawsuits. payers"cannot be determined". Please vote"No"on Measure 37. • Measure 37 will lead to numerous lawsuits and Former Governor Kitzhaber litigationl As business people,we support a balanced economy in (This information furnished by John Kitzhaber,M.D.) Oregon,including manufacturing,technology,natural resources, This space purchased for$500 in accordance with ORS 251.255. and agriculture.Measure 37 will hurt our economy because it The printing of this argument does not constitute an endorsement by is too complex,too vague and will result in numerous legal the State of Oregon,nor does the state warrant the accuracy or truth challenges—costing taxpayers,flooding the courts,and elimi- of any statement made in the argument. nating the safeguards that protect Oregon businesses and Oregon farmers. Official 2004 General Election Voters'Pamphlet continued 4; 131 1 Statewide Measures Measure 37 Arguments Ar ument in OSIIOIt Measure 37 Will Allow Big Corporations to Ride Roughshod Opposition Over Local Communities Vote No on#37 Wealthy corporations that team up with favored property owners are certain to use Measure 37 to their advantage. • As farmers and ranchers we are the true stewards of the land and this measure will not benefit agriculture's land use protec- Recently,Wal-Mart tried and failed to overcome community tions.Measure 37 is all about destroying wise land use opposition to building new super-centers in Hillsboro and planning,and not true compensation for property rights tak- Oregon City. But projects like those will be much more difficult ings.Oregon taxpayers do not have,and will not have the to stop if Measure 37 becomes law. financial resources to fund this measure. Measure 37 will allow"big-box retailers"like Wal-Mart to partner • Like farmers throughout Oregon,Jefferson and Grant county with local landowners and challenge community zoning laws farmers rely on stable agricultural zones to continue to thrive wherever they want to build new mega-stores.Once corpora- and flourish.The irrigated lands have good soils,valuable tions like Wal-Mart can demand budget-busting payments from water rights,and farm use taxation.If measure 37 passes local taxpayers just for complying with our laws,they will be farmland owners will have a different set of land use regula- able to ride roughshod over our communities,displace local tions,depending upon their or their ancestors date of businesses and undermine good-paying jobs around the state. purchase.This will result in total chaos,numerous conflicts, Say No to special rights for favored property owners.Defend and endless litigation.This is exactly what measure 37 pro- the equal application of our laws.Protect our jobs and our poses.Creating a reckless,wasteful policy resulting in lawyers communities.Please join us in voting No on Measure 37. being the true beneficiaries,not the citizens of Oregon. Tim Nesbitt Brad Witt • Recently,Madras residents were opposed to a feedlot 1.5 President Secretary-Treasurer miles away in an agricultural zone.If measure 37 passes,a Oregon AFL-CIO Oregon AFL-CIO feedlot could be next door.Just as farmers expect zones free of urban sprawl and conflicts,suburban home owners should (This information fumished by Tim Nesbitt,President Oregon AFL-CIO.) demand the continuation of residential zones free from agri- This space purchased for$500 in accordance with ORS 251255. cultural and industrial hazards and nuisances.Passage of The printing of this argument does not constitute an endorsement by measure 37 would jeopardize the safe guards of zoning. the State of Oregon,nor does the state warrant the accuracy or truth • The sum total of every property owner's desires is more than of any statement made in the argument society can afford.To allow a house on any hill or every parcel would quickly exhaust all public dollars for roads,mail AI'gUM @11t Ih ©ppOSltlan service,school busing,fire protection,law enforcement,and utilities.The vast rangeland areas of Jefferson and Grant counties should remain working ranches! Protect Your Neighborhood and the Value of Your Home Vote No!on Measure 37 • The compensation clause will not apply to any federal rules and/or regulations or health and safety issues. Like most Oregonians,you probably live in a quiet residential neighborhood—something you cherish and something the value Jefferson County Farm Bureau and Grant County Farm Bureau of your home depends upon. oppose measure 37.We encourage not only our members,but every Oregonian to vote this measure down. What is it that prevents someone from building a 24-hour mini-mart or gas station next door to you;what is it that prevents (this information furnished by Mickey Killingsworth,Secretary-Treasurer, him or her from blighting your neighborhood and destroying Jefferson County Farm Bureau;Grant County Farm Bureau) the value of your home?The answer is reasonable zoning This space purchased for$500 in accordance with ORS 251.255. regulations. The printing of this argument does not constitute an endorsement by That's what Measure 37 seeks to destroy:your lifestyle,your the State of Oregon,nor does the state warrant the accuracy or truth neighborhood,and the value of your home. of any statement made in the argument. Measure 37 is designed to pave the way for the corporation or landowner who wants to build that 24-hour mini-mart or gas Argument 111 Opposition : station.But what about yes,and your home!That 24-hour mini-mart or gas station will reduce the value of your home and Oregon AFL-CIO Opposes Measure 37's ruin everything you treasure about your neighborhood.If Special Rights for Favored Property Owners Measure 37 is in place,you may find the zoning you rely upon won't be there to protect you.Reasonable zoning regulations are Don't be misled by the slick title that headlines Ballot Measure what preserve and protect our neighborhoods and the value of 37.We took a closer look and found that the effects of our homes.Don't turn our cities into Houston.Measure 37 is Measure 37 are far more complicated and dangerous than its bad for you,your neighborhood,and Oregon. title suggests. Protect Your Neighborhood and the Value of Your Home Measure 37 Creates Special Rights for Favored Property Vote Not on Measure 37 Owners Measure 37 will create a new class of favored property owners (This information fumished by John W.Stephens.) with special rights.Those rights include the right to challenge This space purchased for$500 in accordance with ORS 251255. cities and counties that attempt to enforce zoning and land use The printing of this argument does not constitute an endorsement by laws and to demand payments for such enforcement.But only the State of Oregon,nor does the state warrant the accuracy or truth some property owners will gain these rights;others will not. of any statement made in the argument. Measure 37 Overrides Equal Application of Our Laws For property owners who gain these special rights,cities and counties will be forced to decide when to enforce our laws and pay what those property owners demand and when to exempt those property owners from the equal application of our laws. Official 2004 General Election Voters'Pamphlet 1321 Statewide Measures Measure 38 Proposed by initiative petition to be voted on at the General 3.The Oregon Priorities Fund is hereby established in the Election,November 2,2004. State Treasury,separate and distinct from the General Fund. Monies in this Fund shall be continuously appropriated to the Legislative Assembly.The use of this Fund is limited to the Ballot Title following priorities: a)to support Oregon education,covering Kindergarten 38 through 12th grade, b)to help provide prescription medications to Oregon's low income senior citizens and the medically needy, ABOLISHES SAIF;STATE MUST REINSURE,SATISFY SAIF'S c)to support local law enforcement programs in Oregon cities OBLIGATIONS;DEDICATES PROCEEDS,POTENTIAL and counties,and SURPLUS TO PUBLIC PURPOSES d)to promote job growth through workforce training. RESULT OF"YES"VOTE:"Yes"vote abolishes SAIF;state 4.Money shall be transferred to the Oregon Priorities Fund as must reinsure,satisfy SAIF s current obligations(including provided in this Act. pending policyholder claims against SAIF);dedicates proceeds, potential surplus to specified public purposes. 5.Moneys in the Oregon Priorities Fund may be invested as RESULT OF"NO"VOTE:"No"vote retains law authorizing SAIF, provided by law. a public corporation,to sell and administer workers compensa- 6.The State Auditor,within the Secretary of State's office, tion insurance and to administer an accident fund for that shall be assigned to oversee the establishment of the Oregon purpose. Priorities Fund,to assure the public that funds are accounted for and spent in accordance with this law.The State Auditor shall SUMMARY:'State Accident Insurance Fund(SAIF)is a public publish an annual report to the State Treasurer,Governor and Corporation selling,administering workers compensation insur- Legislative Assembly to provide public accountability for the ance,and administering accident fund for that purpose.Measure activities taken to implement this Act. abolishes SAIF Requires state to assume SAIF's authority over acsdentfund;reinsure fund;satisfy SAIF's obligations under Its 7.For purposes of this Act,"SAIF Corporation"means the existing policies,use fifty percent of any excess surplus(mean- State Accident Insurance Fund Corporation;"excess surplus" Ing any funds exceeding reserves and surplus necessary to means the money in the Industrial Accident Fund subject to satisfy future liabilities)to satisfy policyholder claims in litigation Legislative disposition pursuant to ORS 656.634;"DAS Director" before October 2003;transfer forty percent of any excess sur- means the Director of the Department of Administrative plus to new fund;sell SAIF's assets;transfer proceeds to same Services."DCBS Director"means the Director of the Department fund;and reinsure,otherwise resolve SAIF's remaining liabilities. of Consumer and Business Services. Dedicates new fund to supporting schools,local law enforce- 8.This Act supersedes any existing law which may be ment;providing medications to seniors,medically needy; construed to reduce or restrict the full implementation of this Act promoting job growth:Requires certain repofts to legislature and this Act shall be construed so as to best implement the regarding rates for insurance premiums.Other provisions. intent of this Act. ESTIMATE OF FINANCIAL IMPACT g.On the effective date of this Act: The measure would reduce state revenue by approximately! $405 miAion per year and would reduce state expenditures by a)SAIF Corporation shall cease selling new policies of approximately$301 million per year due to the elimination of insurance; SAIF. b)ORS 656.017(2)is repealed; The measure would require additional state government expen- c)the authority of the Board of Directors of SAIF Corporation ditures of$1.8 million to$5.5 million per year on a recurrin g', shall be transferred to the DAS Director and the Board shall be ' abolished;and basis with an additional one-time expenditure of$2.2 billion to d)the DAS Director and the DCBS Director shall commence $2.4 billion, preparation of a plan for the orderly exit of the State from the There will be a one time increase of state revenues of$32.6 retail insurance business consistent with this Act.Such plan million from sale of real properly shall include reinsurance of SAIF Corporation and the Industrial Accident Fund in a manner that enables its obligations to be met The measure would require local government expenditures of with a goal of increasing its excess surplus as much as possible $2.6 million to$10.5 trillion per year on a recurring basis. consistent with that purpose. There Is no financial effect on local government revenues. 10.One year after the effective date of this Act,and in accor- dance with the plan of the DAS Director and the DCBS Director: Text of Measure a)SAIF Corporation shall cease renewing policies of insurance; 1.This Act shall be known as the Oregon Priorities Act. b)the DAS Director shall reinsure a portion of the liabilities of 2.The people recognize that the State of Oregon owns and SAIF Corporation and the Industrial Accident Fund; operates an insurance business called SAIF Corporation,that it c)the State Treasurer shall set aside fifty percent(50 o of or on behhaa is an asset of the State of Oregon,and that another asset of the the excess surplus to satisfy all claims filed behalf of State of Oregon is the excess surplus in the Industrial Accident Policyholders against the State Accident Insurance Fund Corporation or the Industrial Accident Fund that were in Fund.The intent of this Act is to use these state assets to sup- litigation port education,prescription medications,local law enforcement, prior to the filing of the Prospective Petition which initiates this and workforce training rather than to provide an organization to Act pursuant to ORS selectively sell insurance in the retail market. Use of these assets such fund separate froom m all other funds until such time as the ll The State Treasurer shall maintain to fund these priorities fulfills a fundamental responsibility of State Treasurer,in consultation with the Department of Justice, government and reduces the pressure to increase taxes.It is determines that maintenance of such fund is no longer neces- sary;intent of the people that the State of Oregon get out of the d and d insurance business and use the proceeds from this change to )after the State Treasurer establishes the fund described in support these important government priorities. section 10 c,above,the State Treasurer shall transfer eighty percent of the remaining excess surplus funds from the Industrial Accident Fund to the Oregon Priorities Fund.The State Official 2004 General'Election Voters'Pamphlet continued 1331 Statewide Measures Measure 38 Treasurer may contract with independent outside persons or Explanatory Statement firms to provide advice and assistance in determining the sum eligible for the transfer,and in carrying out the transfer.The Ballot Measure 38 abolishes SAIF,the public corporation that State Treasurer shall have discretion to best interpret and imple- sells workers'compensation insurance to and administers ment the provisions of this Section so as to fulfill the intent of workers'compensation insurance for the state and other public the people as stated in the Act. and private entities and administers the Industrial Accident Fund for that purpose. 11.Two years after the effective date of this Act,and in accor- dance with the plan of the DAS Director and the DCBS Director: On January 1,2005,SAIF must stop selling new policies of insurance.The Board of Directors of SAIF is abolished and its a)SAIF Corporation shall be abolished; authority transferred to the Director of the Oregon Department of b)the DAS Director shall reinsure or otherwise resolve the Administrative Services(DAS).The DAS Director and the remaining liabilities of SAIF Corporation and the Industrial Director of the Department of Consumer and Business Services Accident Fund; (DCBS)are required to prepare a plan for the cessation of c)the DAS Director shall sell all real and personal property of workers'compensation retail insurance business activities by the the SAIF Corporation to a private entity.All proceeds from the state.Such plan must include reinsurance of liabilities of the sale shall be paid to the State Treasurer and shall be deposited fund and satisfy SAIF's obligations under its existing policies. in the Oregon Priorities Fund.The Attorney General shall assist the DAS Director in negotiating the sale and shall assure that the On January 1,2006,SAIF must cease renewing policies of sale includes adequate provisions to allocate responsibility insurance,and the DAS Director must reinsure a portion of the between the purchaser and the state for compliance with all liabilities of SAIF Corporation and the Industrial Accident Fund. pertinent laws; The measure requires the State Treasurer to set aside 50 percent d)the State Treasurer shall transfer the excess surplus in of any funds exceeding reserves and surplus necessary to accordance with section 10 c and d,above. satisfy future liabilities of SAIF("excess surplus")to be used to satisfy SAIF policyholder claims and claims against the Industrial 12.The DAS Director may contract with independent outside Accident Fund in litigation prior to October 2003,which may be persons or firms to provide advice and assistance to carry out ultimately adjudicated.The State Treasurer then must transfer 80 the provisions of this Act.The DAS Director shall have broad percent of the remaining excess surplus to the Oregon Priorities discretion to best interpret and implement the provisions of this Fund created by the measure.Moneys in the Oregon Priorities Act,and to fulfill the intent of the people as stated in this Act. Fund are continuously appropriated to the Legislative Assembly 13.The Director of the Department of Consumer and for the purposes of supporting schools and local law enforce- Business Services shall not approve for use any workers com- ment,providing prescription medications to seniors and the pensation insurance rate that is excessive, inadequate or unfairly medically needy,and promoting job growth through workforce discriminatory.Beginning with the 2005 regular session of the training. Legislature,and at each regular session thereafter until 2009, On January 1,2007,SAIF is abolished.The DAS Director the Director shall report to the Governor and the Legislature on must reinsure or otherwise resolve the remaining liabilities of the status of the Director's enforcement activities under this SAIF and the Industrial Accident Fund,and sell all of SAIF's real provision. and personal property.The State Treasurer is required to deposit 14.The Board of Directors of SAIF Corporation shall not chal- proceeds from the sale of SAIF's property and any excess sur- lenge this Act or any of its provisions.Any action taken by the plus remaining after all the obligations of SAIF and the Industrial Board of Directors of SAIF Corporation within one year before Accident Fund are satisfied in the Oregon Priorities Fund. passage of this Act,or any time after passage of this Act,is The DAS Director and State Treasurer are authorized to subject to being set aside or modified by court action or by contract with independent outside persons or firms to provide specific legislation if a material element of the action by the advice and assistance in carrying out provisions of the measure. SAIF Corporation Board of Directors undermines or otherwise weakens the full implementation of this Act. The Board of Directors of SAIF Corporation may not challenge any provisions of the measure or take any action that under- 15.If any person brings a state court challenge to any portion mines or otherwise weakens the full implementation of the of this Act,or challenges passage of this Act,asserting that the measure. Act or any portion of the Act violates the Oregon Constitution or The DCBS Director is instructed to report to the Governor the United States Constitution,or asserting any other legal challenge to passage or implementation of this Act,that action and the Legislative Assembly regarding the requirement shall be filed in Circuit Court and shall be given expedited that premium rates for workers'compensation insurance set attention by the Court;the decision of the Circuit Court shall be by the department not be excessive,inadequate or unfairly subject to direct review by the Oregon Supreme Court,which discriminatory. shall give expedited attention to such appeal. Committee Members: Appointed by: 16.If any portion of this Act is invalidated for any reason,all Brian Boe Chief Petitioners remaining portions of this Act shall remain in place and shall be Shawn Miller Chief Petitioners given full force and effect. Jessica Harris Adamson Secretary of State 17.This Act takes effect on January 1,2005. Pat McCormick Secretary of State Sid Lezak Members of the Committee (This committee was appointed to provide an impartial explanation of the ballot measure pursuant to ORS 251.215.) Official 2004 General Election Voters'Pamphlet continued 1341 Statewide Measures Measure 38 Arguments scenarios and prepared by experts in that field.That did not Argument In Favor happen with Measure 38. CORRUPTION AT SAIF-OREGON'S GROWING SCANDAL The fiscal impact statement for Measure 38 wasn't produced by the offices that usually do this specific kind of work.It came We've all seen the headlines.We've all heard the stories. from a committee that has no budget expertise. FBI Agent Looks at Documents Involving SAIF,Goldschmidt BOTH SIDES OF THE STORY The Oregonian,July 17,2004 If Measure 38 passes,SAIF can follow a path similar to those Judge Orders Workers'Comp Insurer taken in Michigan and Nevada.The legislature's lawyers assure Not to Destroy Records us there is no legal reason barring us from that approach.And, The Bulletin(Bend),June 4,2004 we would get two years to make that happen.With this real State Police Probe Possible Destruction of Records insurance reform,private companies will be able to provide great The World(Coos Bay),June 5,2004 service to Oregon's businesses,but without SAIF's conflict of interest or unfair tax advantages. While some claim SAIF is an Oregon success story,the head- By using this option,the$2.2 billion in one-time costs goes lines-and the facts-paint a very different picture. away.And,even the spokesperson against Measure 38 • SAIF has hidden its activities from the public,requiring admitted,"...the one time expense of$2.2 billion or more would action from the courts to disclose even the smallest bits of be covered by a SAIF trust fund and would not come from tax- information.The Government Standards&Practices payers'pockets."The Oregonian,August 5,2004 Commission,State Police,state courts and FBI are investi- VOTE FOR THE TRUTH gating SAIF and its high priced consultants. • SAIF pushed 11,000 Oregon businesses into the more With this real insurance reform the State of Oregon taxpayers expensive assigned risk pool. Instead of supporting the and employers stand to actually make money.The state and very same businesses that serve as the backbone of our taxpayers could gain$500 million or more-just like they did in economy,SAIF instead placed additional financial burdens Michigan and Nevada. on them. Make your decision,but make an informed one. • SAIF has denied worker claims at an unacceptably high Senator Kurt Schrader Latg.It has abandoned its original mission of serving new Representative Tom Butler and small Oregon businesses and protecting the Oregonians who work to make our economy stronger. (this information furnished by Representative Tom Butler,Senator Kurt Schrader.) • SAIF took advantage of a legal loophole to halt benefits for disabled workers,cutting off their life lines without any This apace purchased for$500 in accordance with ORS 251.255. notice.If SAIF had its way,disabled Oregonians would be The printing of this argument does not constitute an endorsement by left without benefits and forced to pay for their own medical the State of Oregon,nor does the state warrant the accuracy or truth care while it continues to amass financial reserves. of any statement made in the argument. How can Oregonians put their faith in SAIF when the agency has placed more importance on serving itself than the businesses Argument in Favor and injured workers it was created to protect? THE SAIF STORY, INJURED OREGON WOMAN SPEAKS Clearly SAIF has shown we cannot trust it to right its own wrongs. I am the story SAIF doesn't want you to hear. It's time for Oregonians to take matters into their own hands My name is Lorinda Gauthier and I am an injured Oregon worker. and stop Oregon's growing scandal by enacting real insurance I used to work for the Oregon Department of Transportation.I reform. got up every morning,went to work and did my job. I never It's time for Oregon to pass Measure 38. worried about what might happen if I was injured.I had every Oregonians for Accountability reason to believe SAIF would meet its obligations.Right? g y Wrongl (This information furnished by Lisa Gilliam,Oregonians for Accountability.) One day I was struck on the head by an 18 inch steel nozzle.I This space purchased for$500 in accordance with ORS 251.255. lost consciousness,was taken to the local fire department The printing of this argument does not constitute an endorsement by and transported to the hospital.I experienced sub-orbital nerve the State of Oregon,nor does the state warrant the accuracy or truth damage and now I have frequent extremely painful migraine of any statement made in the argument. headaches.To limit these attacks I need to work in a controlled environment.But,when I approached my boss at ODOT about this he said he didn't have a job for me and I was laid off. Argument in Favor Meanwhile,SAIF closed my claim and 1 was left without a job and the two years of wages I should have earned. VOICES OF EXPERIENCE SAIF did not stand by me.In fact,they walked over and past As members of the Oregon House and Senate,we represent me.They never wasted a moment's thought about my injuries areas as different as eastern Oregon and the north Willamette and my needs. Valley.One of us is a Republican and the other a Democrat.But While I have been languishing in medical bills,lost wages and we share an abiding interest in making sure Oregon's citizens the ongoing effects of my injury,SAIF was out building its get good information to make good decisions. financial reserves and sending kick backs to the political We have also served on your legislature's Ways and Means and trade groups who help keep it in power. Committees and had the responsibility for making decisions I am by no means an expert on workers'comp insurance, but about the state's budget.We are very familiar with the fiscal am an expert on being an injured worker and the additional impact statements that estimate if and what a particular action suffering that can come at the hands of SAIF. will cost the state.They should be based on most likely Official 2004 General Election Voters'Pamphlet continued 4, 135 1 Statewide Measures Measure 38 Arguments I,and all the injured workers of Oregon,deserve better.That is successfully led the fight to repeal the largest tax increase in why I am voting yes on Measure 38. Oregon's history.But,what do we have to do with SAIF? Lorinda Gauthier Why does Oregon Citizens for a Sound Economy(CSE)PAC support Measure 381 (This information fumished by Lorinda Gauthier.) SAIF is a giant government-run monopoly in the making that is This space purchased for$500 in accordance with ORS 251.255. defying Oregon taxpayers,destroying the private market,and The printing of this argument does not constitute an endorsement by ignoring the mission it was originally created to serve.Instead of the State of Oregon,nor does the state warrant the accuracy or truth helping small businesses obtain workers'compensation insur- of any statement made in the argument ance,it has used government funds to actively seek out low risk, highly profitable opportunities for itself.And,while SAIF has con- Argument in Favor tinued to rake in the profits,Oregon taxpayers have been told time and time again the state just can't survive without taking Oregon at a crossroads. more of our hard earned tax dollars. Measure 38 will end SAIF's unfair domination of the marketplace I was state director for the National Federation of Independent and stop the fleecing of Oregon taxpayers. Business for ten years,and I still believe in NFIB's core values. Our free enterprise system based upon private sector busi- Join Oregon Citizens for a Sound Economy(CSE)PAC in nesses competing against each other provides the best prices voting YES on M 381 and services,while government-run monopolies harm our econ- We must get the state out of the business of selling insurance omy.Oregon is at a crossroads and this election we will make a vital decision about the future of our state.We can embrace the and interfering in the marketplace. benefits of choice or fall victim to a government monopoly in We must take back the excess profits SAIF has refused to share the making. and make a stand for smaller government and private enterprise The best choice for Oregon's small businesses. here in Oregon. As an Oregon business owner,I've seen SAIF's tactics first Please join Oregon Citizens for a Sound Economy(CSE)PAC in hand.In 1990,SAIF threw my company and thousands of others voting yes on Measure 38! into an Assigned Risk Pool where rates more than doubled. Russ Walker Fortunately,Liberty Northwest recognized my business was a Oregon Director,Oregon Citizens for a Sound Economy(CSE) good risk and fished me out of the pool.Today my company has PAC grown to approximately 100 employees with over$7 million in www.oregoncsepac.com annual sales.If it was up to SAIF,this story would have had a very different ending. (This information furnished by Russ Walker,Oregon Citizens for a Sound Some say they fear loss of coverage or higher rates.But when Economy PAC.) states like Michigan and Nevada enacted real insurance reform. This space purchased for$500 in accordance with ORS 251.255. choice increased and rates went down. The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth Our last chance for real insurance reform. of any statement made in the argument. I was a chief petitioner to place Measure 38 on the ballot not because it was my first choice,but because it was our last Argument in Favor chance to stop SAIF's drive to become a monopoly.Despite numerous attempts to level the playing field with SAIF,the legis- MEASURE 38 BENEFITS PUBLIC SAFETY lature was unwilling or unable to act.Oregonians took matters into their own hands to create real insurance reform. This election we can do something positive for our state and the If we do not act now to stop SAIF and support competition and people of Oregon. choice in Oregon we will be left with no choice at all. We can create a long overdue rainy day fund to avoid future tax Join me-and the Oregon success stories that have yet to be increases or cuts to vital services like jails or schools. written-and vote yes on Measure 38. We can get the state out of the workers'compensation insur- Jim Bernau ance business and help fund top priorities like law enforcement. Turner,Oregon Oregon needs a rainy day fund.When state funds drop,local law enforcement officials are left scrambling to patch together (this information furnished by Jim Bernau.) insufficient funding for courts,prosecutors and officers. This space purchased for$500 in accordance with ORS 251.255. Our state should be worried about our safety,not running an The printing of this argument does not constitute an endorsement by insurance company.We don't need a SAIF monopoly.We need the State of Oregon,nor does the state warrant the accuracy or truth more money for law enforcement and other critical services. of any statement made in the argument. SAIF has hundreds of millions of dollars in excess profits while mental health services degrade,criminals are not held account- able,and our overall quality of life deteriorates. Who is Oregon Citizens for a Sound Economy(CSE)PAC? SAIF no longer serves the public interest. Oregon CSE PAC represents tens of thousands of Oregonians, We once needed a state fund.Employers were required to dedicated to the principles of lower taxes,less government,and provide workers'comp insurance,but the private sector couldn't more freedom.We believe that the only way to see our issue cover all businesses.SAIF was created to be the insurer of last agenda enacted is through the commitment of our volunteers resort,so all businesses could have coverage. and supporters who are mobilized and ready to show up and That has chanced.The private sector is now well positioned to demand policy change 7 days a week and 365 days a year. handle the job,handle it better,and SAIF no longer serves as the You may remember us from earlier this year,when our activists insurer of last resort. Official 2004 Generals Election Voters'Pamphlet - continued 4 1361 Statewide Measures Measure 38 Arguments SAIF has abandoned its mission and shot down all efforts at (This information furnished by Philip J.Romero,Ph.D.,Former Chief reform. Economist,State of California,Former Dean,University of Oregon College of Business) As a law enforcement officer,I am alarmed by the number and This space purchased for nt din accordance with ORS rsem 5. depth of the SAIF scandals.SAIF has lost a great deal of the The printing of this argument does not constitute an endorsement by credibility it once had. the State of Oregon,nor does the state warrant the accuracy or truth Measure 38 is a positive step for Oregon.It's a win for taxpayers, of any statement made in the argument. for our competitive market system and for good government. It is time for real insurance reform. Argument in Favor It's time to pass Measure 38. Long term stability in Workers Compensation Rates Sheriff Jan Clements Lane County The driving forces behind low workers compensation rates are legislative actions,court decisions,market conditions and group (This information furnished by Sheriff Jan Clements,Lane County.) performance.Competition between providers should determine This space purchased for$500 in accordance with ORS 251.255. what small business pays. The printing of this argument does not constitute an endorsement by SAIF's business practices intimidate private competitors, the State of Oregon,nor does the state warrant the accuracy or truth causing private company competition to decrease.We have of any statement made in the argument seen a decreasing amount of private insurers in Oregon's market over the past 6-8 years.SAIF's large reserve fund and tax-free Argument in Favor advantage is ultimately eliminating competition altogether. The lack of private competition indicates that the system is ECONOMIST SAYS OREGON NEEDS REAL REFORM broken.Competition is the proven way to control costs as the driving force behind low rates and by eliminating competition; Oregon's economic recovery requires a healthy,competitive the guarantee of low rates is gone.SAIF has become a dictator workers'compensation system. in the insurance industry.Even if SAIF increased their premiums The first step in California's turnaround in the early 1990s was —which would theoretically encourage new private competitors workers'comp reform.As an economist, I believe Oregon's to emerge,SAIF's large reserve fund looms as too large of a system is heading in the wrong direction.Measure 38 will get threat for private insurers. us back on track. A study commissioned by ORA in 2001 illustrates the result Competition is the most powerful economic force in the history of this threat."The analysis undertaken for this report shows of the world.Monopolies or quasi-monopolies are not in the that SAIF is engaged in a number of business practices that public interest,regardless of their stated intent.SAIF is emerging place SAIF in an extremely high ranking relative to other insur- as a virtual monopoly,which makes Oregon unattractive to ers.The nature of these practices is such that they inherently corporate investment and impedes our economic success. pose a genuine risk of limiting or even reversing progress in attracting and retaining private insurer activity in Oregon's work- SAIF has strayed from its mission,and has resisted all ers compensation market"(Philip R.O'Conner,Ph.D.,Eugene P. attempts at reform.It no longer serves the public's best Esposito,J.D.(200).The Oregon Worker's Compensation Market: interest. Analysis&Prognosis.Chicago, IL:Proactive Strategies,Inc.) SAIF refuses to cover certain small and start-up businesses- The Oregon Restaurant Association believes that independent the very businesses that will fuel Oregon's economic recovem businesses live on market conditions,not subsidies.Measure 38 that SAIF once covered. will not impact the increase or decrease of rates.Measure 38 will open the market place and allow more companies to compete After the Legislature made SAIF a public corporation,SAIF for workers compensation.As t business organization we sup- dropped coverage for some 10,000 businesses,forcing them port more competition,and that into the more expensive assigned risk pool.Nearly 12,000 busi- is what will keep rates down and benefit the consumer. nesses remain in the pool,paying higher rates that prevent them from hiring as many workers as they should. Vote YES on Measure 38 The solution is obvious:harness the powerful competition and (This information furnished by Bill Perry,Oregon Restaurant Association.) permit private insurers to serve the market that SAIF has rejected.But the market cannot perform as intended as long This space purchased for$500 in accordance with ORS 251.255. as SAIF abuses its status as a public agency to squelch The printing of this argument does not constitute an endorsement by competitors. the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. Today Oregon has the worst of both worlds:Taxpayers are sub- sidizing a quasi-monopolist that acts like a private insurer when it's expedient to,but fails to fulfill its public mission. Argument in FaYOr Experience in other states demonstrates that rates go down As a representative of Accident Fund Insurance Company of when the state fund is made private.and real competition America, I am not recommending how the people of Oregon occurs. should vote on the privatization of their state's workers compen- Oregon will benefit if Measure 38 is approved. sation system.I am simply sharing the experiences Michigan and Accident Fund have encountered since our privatization. It's basic economics:Competition will lower workers'comp insurance rates,which will improve our ability to create and grow Accident Fund was purchased for$262 million in December of businesses and jobs. 1994.Historically,from 1912 until the year we were privatized, Accident Fund never exceeded 17 percent in market share. Philip J.Romero,Ph.D. There are presently more than 250 insurers writing workers com- Former Chief Economist,State of California pensation policies in Michigan.Over the past five years Accident Former Dean,University of Oregon College of Business Fund has continued efforts to maintain our customer base and expand the services provided to policyholders in the state of Michigan-as well as the other states in which we now do Official 2004 General Election Voters'Pamphlet continued-3, 1371 Statewide Measures Measure 38 Arguments business.We currently have a 27 percent market share in • The Washington Chapter of the National Federation of Michigan and are now one of the top 20 workers compensation Independent Business lists worker's compensation costs as insurers nationally.Four years ago we weren't in the top 50. one of the state's most serious problems. Since privatization,our rates have decreased approximately 35 • The National Foundation for Unemployment and Workers' percent overall.Even with the market increases subsequent to Compensation ranks Washington as the fourth most expen- 2000,Accident Fund's rates continue to be below the market sive state for workers'compensation. average. Reforming Washington's Workers'Compensation System Policy Accident Fund,which was the workers compensation insurer of Brief by Washington Policy Center,Seattle,May 2004. "second-to-last resort"prior to privatization,continues to write Washington's government-run monopoly has wreaked economic policies for small business with$50,000 or less in annual pre- havoc in that state.nmentc un monopoly to believe a SAIF monop_ mium.Our average policy size is only$10,000.Net premiums written by Accident Fund climbed from$203 million in 2000 to oly in Oregon would be any different. $441.6 million last year.Net premiums are projected to hit nearly We can learn from Washington's mistake $500 million this year. and stop SAIF from becoming a monopoly in Oregon. Customer survey scores have been consistently higher than (This information furnished by Jeff Stone.) those received pre-privatization. This space purchased for$500 in accordance with ORS 251.255. The State of Michigan produces annual State of the Competition The printing of this argument does not constitute an endorsement by studies,and they continue to report good competition in the the State of Oregon,nor does the state warrant the accuracy or truth marketplace. of any statement made in the argument. Michigan enjoys a healthy workers compensation environment, and there looks to be no change in that regard on the horizon. Argument in Favor Mark R.Hogle Executive Vice President and A former SAIF customer. Chief Operating Officer I was a SAIF customer for several years.The claims handling Accident Fund Insurance Company of America was a nightmare because of high turnover in the claims exam- (This information furnished by Mark R.Hogle,Executive Vice President iner ranks.I left SAIF. and Chief Operating Officer,Accident Fund insurance Company of Government Run Monopoly America.) This space purchased for$500 in accordance with ORS 251.255. 1 am a believer in privatizing as many government functions as The printing of this argument does not constitute an endorsement by possible.There is no need for the State of Oregon to be in the the State of Oregon,nor does the state warrant the accuracy or truth insurance business.The Nevada change from a government of any statement made in the argument owned workers'comp system to a competitive market resulted in the now over 100 insurance companies competing for that business.SAIF has run off most workers compensation insurers. Argument in Favor Once SAIF is sold,the market will be flooded with new insurers. This is because SAIF has used investment income on its huge A MONOPOLY IN THE MAKING reserves to pay dividends(selectively)to some their customers. The State Accident Insurance Fund has been planning a Corruption takeover of Oregon's workers'compensation insurance market The payment of huge sums to lobbyists and expensive public since 1987.That's when former Governor Neil Goldschmidt advertising campaigns are not the wisest use of SAIF's money. received a telling memo from former SAIF Director Stan Long. The resignation of CEO Kathy Keene,the destruction of docu- He recommended to Goldschmidt,"You'hold your nose'while ments,and allegedly an FBI investigation into SAIF's activities the major private competition for SAIF Liberty Mutual.goes reminds me of the old saying,"Where there's smoke there's fire." insolvent." Department of Commerce Memo from Stanton F.Long to Speaking of Reserves Governor Neil Goldschmidt,February 24, 1987 Under Ballot Measure 38,the dollars generated to the state would create four reserve funds,one of which would guarantee The intention was obvious and the path was chosen. funding of K-12 education during down economies. SAIF wanted to become Oregon's government-run monopoly. A SIGN OF THINGS TO COME The people must act. Several business people,including me,tried during the legisla- SAIF wants you to think it is the only thing standing between our tive session to get the state out of the insurance business.The state and skyrocketing workers'compensation insurance rates. barrage of high dollar lobbyists paralyzed the legislature.We,the Its defenders warn that Oregon could end up like Washington if people,must act. anything happens to SAIF. I strongly urge a yes vote on Ballot Measure 38. What they don't tell you is that Washington has a government- run workers'compensation monopoly.And.SAIF wants to be Gary Coe just like them. (this information furnished by Gary Coe,Speed's Supertow.) Washington is a sign of where our state is headed if we do not enact real insurance reform in Oregon. This space purchased for$500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by HIGH RATES.POOR SERVICE AND NO HELP IN SIGHT the State of Oregon,nor does the state warrant the accuracy or truth Under Washington's government-run monopoly,rates have sky- of any statement made in the argument. rocketed and employers are complaining about lack of choice and poor service.A recent study of the state's system found: • Washington has increased workers'comp rates by nearly 40%over the last two years. Official 2004 General Election Voters'Pamphlet continued 4 138 1 Statewide Measures Measure 38 Arguments pay he would finally receive if this case is successful?The Argument in Favor Oregon Attorney General says its=s okay,Oregon state law says it's right The only one complaining is SAIF.Could it be because INJURED OREGON WORKER SUPPORTS SAIF's the one under investigation? REAL INSURANCE REFORM Remember the row of men in dark suits sitting in front of If you work in Oregon,you should care about Measure 38. Congress saying nicotine is not addictive?You know,the good Workers'compensation is one of those things no one pays old boys from the tobacco industry.Do you think the attorneys attention to until you need it. who represented cancer victims should have been punished? No.That's why this policy was created.So.don't believe the I needed workers'comp protection in May of 2002 when I was stories SAIF wants to tell to save its own skin.The law is the injured in a fall while repairing my heavy equipment.Instead of law...they Oust don't want to follow it helping me recover and get back to work,SAIF has done noth- Don't be fooled.Don't let them finagle.Support what's legal. ing but dodge its responsibilities,delay in responding to my Support what's right. needs and d=its obligations. My experience shows that SAIF will stop at nothing to drive Hear the message and defend the messenger. workers like me into poverty to try to force an unfair settle- Vote yes on Measure 38! ment.I've been forced into bankruptcy.I've lost almost Oregonians for Accountability everything I own.This affects not only me but my wife and my children. (This information fumished by Lisa Gilliam,Oregonians for Accountability.) At a critical stage in my medical care,SAIF fired my doctor This space purchased for$500 in accordance with ORS 251.255. because she was unwavering in her medical opinion and The printing of this argument does not constitute an endorsement by unwilling to give in to their threats.SAIF refused to pay for the State of Oregon,nor does the state warrant the accuracy or truth antibiotics after surgery(agreeing to pay only for pain medi- of any statement made in the argument. cation).Still my medical needs have not been met.I am totally disabled. SAIF still has not paid my doctor or hospital for my most recent Argument IhFavor surgery in April. AN OREGON COMPANY INVESTED IN OUR FUTURE SAIF has been a nightmare for me,and stories like mine are far Oregon is where we do business.It's where we work and live. too common. We are invested in its future. SAIF may be good for some of its big business customers,but gut,there is an ominous cloud on the horizon.If allowed to it's bad for the rest of us.It's more interested in making money grow,it could cast a dark shadow on workers'compensation than paying injured workers their rightful benefits. in Oregon. The only way to achieve real workers'compensation insurance A government-run monopoly in Oregon would bring an end to reform in Oregon is to pass Measure 38. competition in our workers'compensation insurance market Rocky Gordon and mean an absence of choice for Oregon businesses. Cottage Grove,Oregon AN OREGON COMPANY COMMITTED TO COMPETITION (This information furnished by Rocky Gordon.) It is vital that Oregon voters act to reform SAIF and restore com- This space purchased for$500 in accordance with ORS 251.255. petition and choice to the workers'compensation market.It's The printing of this argument does not constitute an endorsement by imperative that state government get out of the business of the State of Oregon,nor does the state warrant the accuracy or truth selling insurance and get back to regulating it. of any statement made in the argument. Real insurance reform doesn't mean one agency,or company, taking over workers'compensation insurance in Oregon.L_ibedy Argument in Favor believes it would be perilous to let SAIF become a monopol4 and we aren't seeking to become one either. It's the eternal last straw at which any defendant can grasp.If AN OREGON COMPANY SUPPORTING you cannot dispute the message,then attack the messenger. REAL INSURANCE REFORM Rather than admit its own wrongdoing,SAIF has lashed out at Liberty is so committed to restoring competition and choice alone who tries to hold it accountable.All the while it has through real insurance reform that we have proposed placing a continued to foster the systemic corruption within its own limit on how much of the workers'compensation market one organization,eventually spreading it to other parts of state company can have at any time.We are volunteerina to put a cap government. on how much business we can do in Oregon.Have you seen SAIF's built quite a list of victims—and did nothing to help them. this from SAIF?NO!Yet,it likes to call Liberty a predator and Left with only the courts this group banded together,thinking paint itself as the prey. the safety and strength of numbers may help them get the There is only one predator in this market.It has run nearly every justice they deserve. private worker's compensation insurance provider out of the They aren't seeking special favors.They aren't looking to get state.Now its sites are set on the last company still standing. rich.If by some chance they win,50%of that money will be set But it doesn't have to be this way.Together we can stop SAIF's aside for future claims. AIS F may not take care of Oregon's predatory plan! injured workers but hopefully the courts will. Join us in protecting competition and choice in Oregon. Should a firefighter sacrifice his salary after he saves a house? Join us in protecting Oregon's businesses and injured workers. Should a doctor tear up his bill after he saves a life? Join us in voting YES ON MEASURE 38. Of course not! Tony Ferronato,President&CEO Then why should the attorney in the suit against SAIF reject the Liberty Northwest Official 2004 General''Election Voters'Pamphlet ' continued- 139 1 Statewide Measures Measure 38 Arguments (This information furnished by Tony Ferronato,President&CEO,Liberty Northwest.) argument in Opposition This space purchased for$500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by WHY A FAILING PRIVATE INSURANCE COMPANY WANTS TO the State of Oregon,nor does the state warrant the accuracy or truth ABOLISH OREGON'S SUCCESSFUL NON PROFIT ACCIDENT of any statement made in the argument. INSURANCE FUND: Liberty Northwest Insurance,a wholly owned subsidiary of Liberty Mutual of Boston,is a for-profit insurance company that sends its profits to the stockholders of the parent company in Boston.Instead of competing in the market,Liberty has high- jacked the initiative process to try to abolish its main competition.Their goal is to dominate the market,raise rates, and make it harder for businesses to operate in Oregon.They have spent millions of dollars trying to do this. SAIF insures 36,000 small businesses in Oregon.SAIF is the most efficient and successful state workers'compensation insurance company in the country.It is entirely self-sufficient and does not rely on tax revenues at all.Because of SAIF,Oregon's workers'compensation rates have stayed level or gone down, while other western state's rates have skyrocketed.This is a critical factor in growing and maintaining Oregon's economy. Why should you care?Workers who have been injured are entitled to lifetime medical benefits for their work injuries.If SAIF is abolished,the state of Oregon will have to pay a private insur- ance company to manage and pay benefits due on all the claims that were covered over the entire life of the state accident insur- ance fund.The injured worker claims will become the obligation of the state.Whoever manages all of SAIF's claims will want a profit from doing it.There will not be any money left over for the "Oregon Priorities Fund."The Oregon Priorities Fund is a pig in a poke. Abolishing SAIF will not net any money for Oregon.Instead,it will hurt the Oregon economy and hurt injured Oregon workers. Don't let a private insurance company abolish Oregon's state- owned insurance company just so they can turn a bigger profit. VOTE NO ON MEASURE 38. (this information furnished by Julie Masters,Committee to Keep Business in Oregon.) This space purchased for$500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. Argument in Opposition NATIONAL FEDERATION OF INDEPENDENT BUSINESS The Voice of Small Business Measure 38 is Bad for Small Businesses, Their Employees and Oregon's Economy National Federation of Independent Business, NFIB/Oregon,is the state's largest small business organization.Nearly 70%of NFIB/Oregon's 12,000 member companies choose SAIF for their workers'compensation insurance.They oppose abolishing SAIF and they oppose Measure 38. Statewide,SAIF insures more than 60%of small businesses and many high-risk businesses that private insurers don't want to insure(such as homebuilders,nursing homes,firefighters and farmers).If SAIF is abolished,these small and high-risk busi- nesses would be forced to pay rates 30%to 50%higher than what SAIF charges them. For small businesses,workers'compensation insurance costs can be significant.State law requires all employers to provide workers'compensation coverage for their employees to make sure injured workers get the medical treatment they deserve when they get hurt on the job.The legislature gave SAIF the mission to keep workers'compensation costs low while making coverage broadly available.SAIF works with employers to keep Official 2004 General Election Voters'Pamphlet continued 1401 Statewide Measures Measure 38 Arguments their employees safe on the job,lowering costs by lowering the Reason enough for me to vote NO on Measure 38. number of on-the-job injuries.And SAIF responds to injured Say NO to Liberty Insurance workers,handling claims with industry-leading speed. Vote NO on Measure 38 Measure 38 is About Greed (This information furnished by Bruce Brunoe,Bruce Brunoe Logging.) The company behind Measure 38,Liberty Mutual Insurance of Boston,has made Oregon and its SAIF Corporation the most This space purchased for$500 in accordance with ORS 251.255. recent target of its national campaign to eliminate state workers' The printing of this argument does not constitute an endorsement by compensation funds.Liberty has spent millions to browbeat the State of Oregon,nor does the state warrant the accuracy or truth Oregonians with misleading and false information about SAIF. of any statement made in the argument. According to documents from the American Insurance Association(AIA),most other insurance companies object to Argument in apposition Liberty's efforts to divert money from state funds for other public purposes,as Measure 38 would require.Measure 38 is bad for OREGON NEWSPAPER EDITORS HAVE MADE IT CLEAR: Oregon's small businesses.Make no mistake-the only entity ABOLISHING SAIF IF A BAD IDEA that stands to gain from Measure 38's passage is Liberty Mutual Insurance. Here's some of what Oregon newspaper editors have said about Please Join NFIB/Oregon and Measure 38,the Liberty Insurance initiative to abolish SAIF: Small Businesses throughout the state "To raid SAIF would be one of the stupidest things Oregonians in Voting NO on Measure 38. could agree to.To raid it on behalf of Liberty Northwest would be grotesquely boneheaded."Daily Astorian,June 24,2004 (This information tumished by J.L.Wilson,National Federation of Independent Business.) "One group likely to suffer,not benefit,if this initiative passes is the hem 40,000 since employers served by SAIF.SAIF has kept rates low This space purchased for$500 in accordance with ORS 251.255. for them snce the state Workers'Compensation system was The printing of this argument does not constitute an endorsement by reformed by legislators in 1990.Today,the system's cost is the State of Oregon,nor does the state warrant the accuracy or truth lower than those in 37 other states."Grants Pass Daily Courier of any statement made in the argument. July 22,2004 Argument in Apposition "Ballot Measure 38,which would abolish the public[SAIF]cor- poration— has the potential to set Oregon's business climate back decades and cause severe harm to the state's employers Bruce Brunoe Logging and to injured workers."Medford Mail Tribune,August 17,2004 Dumped by Liberty as Too Small Despite Clean Claims Record "Nearly every claim in the anti-Saif ads,including thousands of mailers sent to Oregon businesses,is deceptive or untrue." Liberty Northwest ran TV ads claiming SAIF cancelled coverage The Oregonian,June 13,2004 for thousands of Oregon small businesses.The ads struck me as especially ironic. "SAIF accounted for about 41 percent of Oregon's workers' compensation business in 2002,the latest year for which figures In mid-May,Liberty Northwest sent me a letter notifying my were available.That left 59 percent of the market to for-profit company that its workers'compensation coverage would not be competitors—hardly evidence that SAIF is squeezing Liberty renewed when the current policy expired July 1. Northwest or anyone else out of business.Oregonians should Why was my coverage cancelled? see the anti-SAIF campaign for what it is:a blatant bid to van- quish a successful competitor and seize the spoils."Statesman Not because of accidents,or payment delinquencies,or an Journal,August 3,2004 adverse loss history.My company's claims history and experi- ence rating are clean.A senior Liberty underwriter informed us "There's no compelling reason to get rid of it[SAIF].We should that Liberty had to"non-renew"us because our business is too keep it instead and be grateful that it's there."Albany Democrat- small."Way too much exposure for this very small premium Herald,July 4,2004 size,"the underwriter wrote. "Oregonians must fix problems with Saif that do surface,but The$10,900 annual premium I paid Liberty didn't seem small to think of the long term,too,and certainly refuse to be an accom- me. plice in Liberty Northwest's blatant bids to kill a business rival." Grants Pass Daily Courier, June 8,2004 The underwriter's memo explained that the"Logging min[imum] prem[ium]is now up to$100,000 and mechanized logging (This information furnished by Mark Nelson,Committee for SAIF-Keeping.) minimum]is$50,000."Even though Brunoe Logging has a clean This space purchased for$500 in accordance with ORS 251.255. claims record,the underwriter concluded the memo by instruct- The printing of this argument does not constitute an endorsement by ing the consultant,"Time to get off before we get the really big the State of Oregon,nor does the state warrant the accuracy or truth loss." of any statement made in the argument. The Liberty salesperson's letter makes the same point more dis- creetly:"This is strictly according to new underwriting guidelines Argument in apposition and is not a reflection of your company's claims history.There are many changes that have occurred in the insurance industry GOVERNOR KULONGOSKI RECOMMENDS in general and,unfortunately,Liberty Northwest is being affected A NO VOTE ON MEASURE 38. too.We purchase re-insurance to cover catastrophic claims and re-insurers are now making demands on us regarding our under- I oppose Measure 38 because I believe it will severely damage writing." Oregon's economy and limit our ability to create more jobs for In the wake of Liberty's cancellation,my company turned to Oregonian. SAIF.Our SAIF coverage began in July,at a substantial savings. Because of SAIF,Oregon businesses now enjoy some of the But if Measure 38 had been in place,that choice would be gone. lowest workers'compensation costs in the country.Only 12 Our small business would be forced into the state's assigned states have lower workers'compensation insurance rates than risk pool and forced to pay premiums 30 to 50 percent higher. Oregon. Official 2004 General Election Voters'Pamphlet continued 4 141 1 Statewide Measures Measure 38 Arguments SAIF also makes it possible to pay injured workers in Oregon Don't let an out of state company come in and make it hard for some of the best benefits paid by any state workers'compen- our small businesses to work.Losing SAIF would be bad for sation program in the country. business and bad for Oregon's economy.But,it would be worse If Measure 38 passes,lower insurance costs to employers and for those that are injured on the job and those that have to carry on after a loved one is killed on the job. higher benefits to injured workers may no longer be possible. SAIF is one of Oregon's primary economic development assets. Please join me in voting NO on Measure 38. SAIF gives Oregon a competitive advantage over other states in (This information fumished by Nora Stanfield,a SAIF beneficiary.) attracting new businesses to locate in Oregon. This space purchased for$500 in accordance with ORS 251.255. SAIF makes it easier for existing Oregon companies to stay in The printing of this argument does not constitute an endorsement by business and to grow and create more jobs for Oregonians. the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. State officials have also estimated that if Measure 38 passes,it will add significant costs to state and local governments,includ- ing local school district budgets.We should not increase costs to our governmental budgets just when our economy is starting to recover. Associated General Contractors Oregon-Columbia Chapter The Oregon-Columbia Chapter of AGC serves nearly 1,100 SAIF is also working to make sure that rural Oregonians have Oregon and SW Washington member firms in the commercial access to health care. construction industry.Together,we employ over 32,000 SAIF provides low-cost malpractice insurance to over 1,000 employees with family wage jobs. doctors who practice in rural Oregon. AGC firms are the companies that build your schools.We build SAIF has cut the malpractice insurance rates for obstetricians by your hospitals.We build your roads and bridges.We build your 80 percent.Family practitioners who provide obstetric services churches and parks.We build your factories,your shopping have seen malpractice insurance rates cut by 60 percent,and center and your corner market.We are proud members of malpractice insurance rates for all other types of rural doctors what drives Oregon's economy,and we urge your no vote on have been cut by 40 percent. Measure 38. SAIF is an asset to our state and belongs to all the people of Ballot Measure 38 is damaging to the employers in the Oregon.I urge you to vote NO on Measure 38 and work with me construction industry to see that SAIF continues to serve the people of Oregon and its Oregon's workers'compensation system isn't broken.In fact, economy. its success in lowering costs made workers'compensation one Theodore R. Kulongoski of the state's most effective economic development tools.We Governor in the construction industry face dramatic increases in nearly every other insurance premium we pay:health insurance(20%+ (This information furnished by Theodore R.Kulongoski,Governor of increases),liability insurance(60%+increases),etc.But workers' Oregon.) compensation rates have decreased or held steady in 14 years. This space purchased for$500 in accordance with ORS 251.255. Rates in the construction industry could rise 35%if Measure 38 The printing of this argument does not constitute an endorsement by passes,dampening a difficult economic recovery for the com- the State of Oregon,nor does the state warrant the accuracy or truth mercial construction industry. of any statement made in the argument. Ballot Measure 38 takes away our safety partner The safety of our employees and jobsites is our number one Argument in Opposition goal.Together with SAIF Corporation,AGC member firms over the last 10 years have seen a 63.6%decline in claims SPOUSE OF DECEASED OREGON WORKER frequency.Those are real people who are going home at the OPPOSES MEASURE 38 end of the day safe instead of injured-we've prevented SAIF WORKS FOR ALL OF OREGON thousands of injuries,and we couldn't be more proud.Ballot Measure 38 abolishes SAIF Corporation,our partner in providing My husband,Michael Vernon Stanfield,was killed on the job in a excellent safety services for all employers-from firms with over log truck collision on Highway 42S outside of Myrtle Point, 100 employees to new companies with just B. Oregon on February 11,2000.At that moment,my life changed. Don't fix what isn't broken-Vote NO on Ballot Measure 38. SAIF was the worker's compensation carrier for my husband's employer,a small Oregon business.Upon his death,SAIF was (This information furnished by Craig Honeyman,Executive Director, there,helping me through a very traumatic time in my life.If I Associated General Contractors,Oregon-Columbia Chapter.) had any questions,I was able to call and get an immediate This space purchased for$500 in accordance with ORS 251255. answer.They kept me informed at all times of what the process The printing of this argument does not constitute an endorsement by was and even helped out with most of the paperwork.Their the State of Oregon,nor does the state warrant the accuracy or truth compassion and caring shone through and continues to this day. of any statement made in the argument. Think about it,what would you do if someone close to you was injured or died on the job and the employer could not afford the Argument in Opposition low rates that SAIF offers?How would you survive?What if you were injured on the job?Do you have enough money to make it AN EXPERIENCED WORKERS'COMPENSATION through the hospitalizations,pay the doctor bills,rehabilitation, INSURANCE EXECUTIVE time off of work to recover?SAIF takes care of its workers,SAIF EXPLAINS WHY HE'S VOTING NO takes care of Oregon.SAIF works! ON MEASURE 38 SAIF is an Oregon Corporation helping small Oregon busi- I have worked in the workers'compensation business most of nesses.Oregon is known for its many small businesses and my career.Currently I lead the workers'compensation practice without the low rates that SAIF is able to provide,many of these for Anchor Insurance and Surety,a company that serves the businesses would not be able to cover their workers. insurance needs of employers throughout the West. Official 2004 General Election Voters'Pamphlet continued 4 142 1 Statewide Measures Measure 38 Arguments I oppose Measure 38 and caution Oregon voters to beware of to$2.4 billion.On top of that,the measure would require local the motives of the company, Liberty Northwest(part of the work- government expenditures of$2.6 million to$10.5 million per ers'compensation insurance industry giant,Liberty Mutual)that year on a recurring basis. is pushing the plan to abolish SAIF Corporation,the state-owned As a county commissioner I am painfully aware that the Oregon's workers'compensation insurance company. budget is already expected to have a$1 billion shortfall.This Workers'compensation insurance is a unique and challenging county and our state simply cannot afford to waste billions on a business.When earnings on investments of insurance reserves bad idea.We need to allocate our resources on productive are strong,private insurance companies seek to expand market endeavors for our state,not destroy our workers'compensation share by offering more competitive rates.When earnings suffer, system,one of the few competitive advantages Oregon's econ- profit pressures drive rates up. omy enjoys. State funds such as SAIF are intended to keep rates low and Please Join me keep private carriers competitive.SAIF also benefits when in Voting investment earnings rise,but,as a nonprofit,SAIF returns its "NO" excess earnings to policyholders as dividends.Since 1990,SAIF on Measure 38 has returned$734 million in dividends to policyholders.SAIF's nonprofit status,efficient claims management and significant (This information furnished by Jeanne Burch,wheeler County efforts aimed at workplace safety mean SAIF's rates are lower Commissioner.) than its private competitors. This space purchased for$5D0 in accordance with ORS 251.255. Liberty doesn't like that kind of competition.And rather than The printing of this argument does not constitute an endorsement by improve its own efficiencies and compete the old-fashioned way, the State of Oregon,nor does the state warrant the accuracy or truth Liberty has sponsored Measure 38 to abolish SAIF.Liberty of any statement made in the argument. claims that if Measure 38 passes,other insurers will come to Oregon to compete.I deal with insurance companies every day Argument in Opposition and I can tell you it's not likely other companies would enter the Oregon market because Liberty already has a sizable Oregon Smith Educational Systems operation in place and Oregon is too small a market to spend Urges Oregonians to Vote money competing where industry giant Liberty already "NO" dominates. on Measure 38 One thing is certain.If Liberty succeeds,Oregon businesses will Smith Educational Systems.is a school aimed at serving pay higher premiums.Measure 38 is bad for every business— families with young children.We are a small business offering except Liberty's. educational programs focused on preparing young children for PLEASE JOIN ME IN VOTING elementary school.With over 200 families in our school,we "NO" provide educated teachers to educate your children in a safe ON MEASURE 38 and loving environment.We believe this is a vital service for preparing Oregon's children and families for future success. (This information furnished by Lynn Armstrong,Anchor Insurance& Surety,Inc.) We also believe that Measure 38 would not only harm Smith Educational Systems,but more importantly it would harm the This space purchased for$500 in accordance with ORS 251.255. children and families.That's why Smith Educational Systems The printing of this argument does not constitute an endorsement by opposes Measure 38. the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. Workers'compensation costs are one of the primary expen- ditures small businesses organizations have.Low workers' compensation rates have gone along way to helping our organi- Argument in Opposition zation keep costs low and SAIF is the major reason why.Without SAIF we would lose a key partner in maintaining first-rate Judge Jeanne Burch benefits for our employees.We would also see our workers' Wheeler County Commissioner compensation rates dramatically rise.It is estimated that some As a Wheeler County commissioner, I am responsible for admin- businesses would be forced to endure 20 to 50 percent istering Wheeler County's budget.Particularly in these economic increases in workers'compensation rates. times,which have hit rural Oregon doubly hard,it is critical that Measure 38 is a poor choice for Smith Educational Systems,a government operate efficiently.Every dollar must be allocated to poor choice for small businesses and more importantly,a poor the vital services local governments provide. choice for Oregon children and families. For years,thanks to SAIF Corporation,our workers'compensa- Please Join Smith Educational Systems in tion rates have been one of the few bright spots on our budgets. Voting NO on Measure 38 SAIF has provided low-cost workers'compensation rates while providing excellent benefits to Wheeler County's valued (This information furnished by Tim Smith,Smith Educational Systems.) employees. This space purchased for$500 in accordance with ORS 251.255. If Measure 38 passes,that bright spot will quickly fade,giving The printing of this argument does not constitute an endorsement by way to higher rates and fewer dollars for roads,public safety the State of Oregon,nor does the state warrant the accuracy or truth and human services.This is something my county cannot afford. of any statement made in the argument. The state's fiscal impact analysis of this measure is staggering. Argument,in Opposition Measure 38 will cost taxpayers and state and local governments g pp millions.That translates to less money for schools.State officials estimate that,if the measure passes, it would reduce state ASSOCIATED OREGON LOGGERS revenue by$405 million annually. Oppose Measure 38 The measure would also require additional state government Associated Oregon Loggers(AOL)represents expenditures of$1.8 million to$5.5 million per year on a recur- logging firms and businesses. ring basis with an additional one-time expenditure of$2.2 billion AOL is the largest loggers association(in members)in the USA. Official 2004;General Election Scoters'Pamphlet continued 143 1 Statewide Measures Measure 38 Arguments Measure 38 Damages Oregon's Economy And Liberty is the nation's largest workers'compensation com- Measure 38 would abolish SAIF resulting in staggering increases pany.In short,there's no indication the company is struggling in in workers'compensation costs,especially for high-risk the Oregon market. businesses like logging. If Measure 38 is adopted,Oregon busi- Liberty has mounted its campaign for Measure 38 with mislead- nesses would be forced to pay over$100 million more each ing ads and false claims.The truth is,Measure 38 is a blatant year,potentially costing Oregon thousands of jobs.The average money grab by one of America's largest insurance companies. employers'workers'compensation rates would increase by as They are asking Oregon voters to increase their profits,profits much as 20 percent.Oregon's already struggling logging indus- sent to the parent company in Boston,at the expense of our try,which provides many family-wage jobs,would potentially economy.As Liberty has proven with our firm,it can win busi- endure increases of 35 to 50 percent. ness when it competes.That's the way the system is supposed Measure 38 Will Cost Employees their Jobs to work. SAIF insures many loggers and 60 percent of Oregon's small Eliminating competition by investing millions in a deceptive cam- and high-risk businesses—businesses private insurers don't Paign to convince Oregonians to vote against our best interests want to cover.If SAIF is abolished,many companies will face isn't playing fair. dramatically higher costs and some may be forced out of I urge you to join me in voting NO on Measure 38. business. Inured workers current) covered b SAIF also would be harmed (This information fumished by Alan J.Thayer,Jr,Managing Partner,Perrin 1 Y Y &ThayerLLP.) if SAIF were abolished.SAIF makes claims decisions in half the This space purchased for$500 in accordance with ORS 251.255. time it takes private carriers and makes first payments to injured workers faster. The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth SAIF also partners with Oregon employers and trade associa- of any statement made in the argument. tions to enhance safety and preventing injuries before they take place.AOL members have seen a XX percent drop in injuries Argument,Ill1 OSItIOIn and workers'compensation claims since partnering with SAIF. pp Measure 38 Is a Greedy Scheme to Benefit Liberty Insurance FORMER SENATE PRESIDENT GENE DERFLER Liberty Northwest and its Boston-based parent,Liberty Mutual, URGES A"NO"VOTE ON MEASURE 38 its Boston-based parent company,are the only ones that benefit When I entered the legislature in the 1980s,I dedicated my from Measure 38.That's why they're willing to spend millions of legislative career to repairing Oregon's ailing workers'compen- dollars on ads The Oregonian called"dark and deceiving."(June sation system.As a business owner,I knew the system was in 13,2004)The attack on SAIF is part of Liberty Mutual's national desperate need of repair.Not only were costs high, but services agenda to eliminate or restrict state workers'compensation to injured workers were deficient. funds so it can make more money. Together with a coalition of interests,we reformed Oregon's Say"L'NO to Liberty's greedy scheme. workers'compensation system throughout the 1990s.Today Vote"No"on Measure 38 Oregon's system serves as a national model.While our neigh- bors in Washington and California have endured double-digit Join Associated Oregon Loggers in Keeping Oregon Strongl rate increases,Oregon has enjoyed a basic workers'compen- sation rate that has not increased in 14 years. (This information furnished by Jim Geisinger,Executive Vice President Associated Oregon Loggers,Inc.) Measure 38 asks Oregon voters to destroy our workers'com- This space purchased for$500 in accordance with ORS 251.255. pensation system by abolishing SAIF Corporation.SAIF is the The printing of this argument does not constitute an endorsement by key factor keeping Oregon's rates low.Fiscal analysis indicates the State of Oregon,nor does the state warrant the accuracy or truth that if SAIF is abolished,the cost of workers compensation will of any statement made in the argument. increase by more than$108 million a year,resulting in the loss of thousands of jobs.Average workers compensation rates would increase by nearly 20 percent,according to state data. Argument Ill Opposition increase directly impacted would be the 44,000 employers who A LIBERTY NORTHWEST CUSTOMER insure with SAIF,and workers they employ.SAIF insures 60 VOTE ON percent of Oregon's small businesses and many high-risk URGES A"NO"V MEASURE O 38 businesses that private insurers don't want to insure.If SAIF is abolished,many of these small and high-risk businesses would Our Eugene business insures its employees with Liberty be assigned to a special high-risk pool and forced to pay rates Northwest,but we oppose Liberty's unfounded attacks on SAIF 30 to 50 percent higher than what SAIF charges them. and the role SAIF plays in keeping Oregon's workers'compen- Oregon businesses and employees are not promoting this meas- sation costs low.We also oppose Liberty's plan to abolish SAIF, ure.Indeed,they are strongly opposing Measure 38,as I do.In Ballot Measure 38. fact,the measure's only financial supporter is Liberty Northwest, We chose Liberty because they wanted our business enough to SAIF's primary competitor.Liberty has spent millions on its offer competitive rates.But if Liberty is successful in eliminating campaign to eliminate the competition and dominate Oregon's SAIF,its low-cost competitor,we know that Liberty will raise its workers compensation market. rates.This will hurt our employees,hurt our business and hurt Measure 38 may be what's best for Liberty Insurance,but it's Oregon's economy. not what's best for Oregon workers,Oregon employers and Liberty complains that it's hard to compete with SAIF on price. Oregon's economy They can compete when they want to,like when they pitched Please join me in voting no on Measure 38. our business.According to the Oregon Insurance Division, Liberty's market share last year among the top 25 carriers was (This information furnished by Gene Derfler,Former Senate President.) 20 percent,up from 19 percent in 2002 and 17 percent in 2001. Liberty's share of the Oregon workers'compensation insurance market is bigger than Liberty's market share in 48 other states. Official 2004 General Election Voters'Pamphlet continued 4 1441 Statewide Measures Measure 38 Arguments This space purchased for$500 in accordance with ORS 251.255. many high-risk businesses such as homebuilders.If SAIF is The printing of this argument does not constitute an endorsement by abolished,our industry can bank on workers'compensation the State of Oregon,nor does the state warrant the accuracy or truth rates increasing by 50 percent.The higher costs will hamper the of any statement made in the argument. construction industry,cause layoffs and at worst shut business down. Argument in Opposition Measure 38 will Hurt Oregon's Economy Associated Oregon Industries SAIF Corporation's success in keeping workers'compensation Oppose Measure u rates low is one of the state's most effective economic develop- ment tools.SAIF also provides some of the highest benefits in Associated Oregon Industries represents over 20,000 the nation.Oregon enjoys the best possible scenario,low rates member companies,employing almost one third for employers with comparatively higher benefits to employees. of the state's private workforce. Abolishing SAIF would remove Oregon's workers'compensation Measure 38 Throws Oregon's Money Down the Drain advantage a key ingredient to providing family-wage jobs. The official projection by the State of Oregon is that Measure 38 Abolishing SAIF would dramatically increase the cost of workers will cost at least 2.2 billion dollars. compensation to Oregon employers by more than$108 million a year, resulting in the loss of thousands of jobs.Average Measure 38 Hurts the Economy employers'workers compensation rates would increase by Oregon employers will be forced to pay an average of 20%more nearly 20 percent,according state data.Without SAIF tempering for workers compensation insurance if SAIF is abolished, costs in Oregon,Liberty Insurance,the sponsor of Measure 38, according to data from Oregon Department of Consumer and would be able to charge higher rates and would have less Business Services.The cost of workers'compensation for incentive to improve its claims and risk management services. Oregon employers will skyrocket by more than$108 million every year,statewide. If SAIF is abolished,most employers will Injured workers currently covered by SAIF also would be hurt if have only two choices:buy expensive insurance from a private SAIF is abolished.SAIF makes claims decisions in half the time insurance firm or close. it takes private carriers and makes first payments to injured workers faster. Future management of their claims would be in Measure 38 is Bad for Jobs the hands of companies focused on profits that can only be Abolishing SAIF will damage some 44,000 Oregon employers made if claims costs are cut. who insure with SAIF.SAIF insures 60 percent of Oregon's small businesses and many businesses will be assigned to an expen- Please Join Oregon Builders,Employers and Employees sive high-risk pool and see their rates shoot up 30 to 50 percent. in Voting NO on Measure 38. Without SAIF to keep costs competitive,rates for all companies go up. Even self-insured companies will see cost increases as (This information fumished by Scott Barrie,Oregon Building Industry their suppliers pass on their increased costs. Association(OBIA).) Measure 38 Equals Greed (This space purchased for$500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by The initiative to abolish SAIF is financed and pushed by Liberty the State of Oregon,nor does the state warrant the accuracy or truth Northwest,SAIF's competitor.Liberty Northwest is part of an ofany statement made in the argument. out-of-state firm,Liberty Mutual of Boston,that paid nearly $2 million to professional signature-gatherers to get Measure 38 on Oregon's ballot.Liberty Mutual is pursuing a national agenda Argument in Opposition to eliminate or restrict state workers'compensation funds,and Oregon is its current target. Dear Oregon voter, Liberty Northwest wants profits for its eastern shareholders,not My name is Pete Sorenson,an elected Lane County benefits for Oregon workers and low costs for Oregon busi- Commissioner. I grew up in Coos County,graduated from the nesses.Say NO to Measure 38 and"L"NO to Liberty Insurance. University of Oregon, ran a private law firm,and served as an Measure 38 Deserves Your NO Vote elected Oregon State Senator who served on the Senate Judiciary Committee. I've been a licensed Oregon attorney for Please join our 20,000 Oregon business members in 22 years. My clients have included injured workers and small voting NO on Measure 38 businesses.Because of this experience,working on insurance issues,that I want to provide you with my perspective on this (This information furnished by Richard Butrick President Associated important measure Oregon Industries.) I oppose ballot measure 38 to abolish SAIF Corporation,for- This space purchased for$500 in accordance with ORS 251.255. merly the State Accident Insurance Fund.This measure will The printing of this argument does not constitute an endorsement by hurt small businesses through increased premiums and less the State of Oregon,nor does the state warrant the accuracy or truth accountability. of any statement made in the argument. SAIF was founded in 1914 as a self-supporting agency to fill a Argument 111 Opposition gap in the market for affordable worker's compensation insur- ance.Today,SAIF serves more than 44,000 employers that represent more than 60 percent of small businesses and over THE OREGON BUILDING INDUSTRY ASSOCIATION half the non-profits in Oregon.Many of the businesses that SAIF URGES A"NO"VOTE ON MEASURE 38 insures are small and high-risk businesses that if insured by pri- The Oregon Building Industry Association is a statewide trade vate firms would by placed in special high-risk pools that charge organization representing all interests of the higher rates. home building industry. While SAIF has engaged in some excesses in lobbying,reform Measure 38 will Hurt Small Businesses and Employees and increased accountability should be demanded,not abolish- ing this public corporation. One of the largest expenses for small businesses and in particu- lar homebuilders is workers'compensation insurance.Today, Passing this measure also means higher premiums and less SAIF ensures 60 percent of Oregon's small businesses and accountability for small businesses,the very businesses SAIF was created to help.Worker's compensation insurance is very Official 2004 General Election Voters'Pamphlet continued 1451 Statewide Measures Measure 38 Arguments important to all Oregon workers.If SAIF were abolished,insur- both now struggling to reform their workers'compensation ance rates would increase by nearly 20 percent and cost systems to work more like Oregon's. businesses up to$108 million in increased rates.This means Abolishing SAIF would dramatically increase the cost of workers' fewer jobs and higher costs for many of Oregon's small compensation to Oregon employers.Estimates indicate it could businesses. raise rates for some businesses by 30 to 50 percent.That could Thank you, cost Oregon employer's more than$108 million a year and may result in the loss of thousands of jobs. Pete Sorenson PS-If you have an questions about the seriousness of this Oregon workers,businesses and our state's economy have a lot Y Y invested in SAIF.Abolishing SAIF would cause great harm to our measure to abolish SAIF and why I oppose it,please contact me state and most importantly undermine Oregon's future. at Pete Sorenson PO Box 10836,Eugene,Oregon 97440 or call me at(541)485-6726 or email me at sorenson2004@muno.com. Please join the ONA in voting in no on Measure 38. (This information fumished by Peter Sorenson.) (This information furnished by Debbie Cassell,President Oregon Nurses This space purchased for$500 in accordance with ORS 251.255. Association.) The printing of this argument does not constitute an endorsement by This space purchased for$500 in accordance with ORS 251.255. the State of Oregon,nor does the state warrant the accuracy or truth The printing of this argument does not constitute an endorsement by of any statement made in the argument. the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. Argument in Opposition J Argument in Opposition OREGONIANS ARE NOT STUPID! EASTERN OREGON BUSINESSES Does Liberty Northwest think Oregonians are stupid? OPPOSING MEASURE 38 Why would we dismantle a successful,proven,non-profit, BAKER CITY BUSINESSES: citizen-owned insurance company(i.e.,SAIF),so that a for-profit, Black Distributing,Inc. unsuccessful,Boston-based insurance company(i.e.,Liberty Northwest)can raise rates and stay in business? BURNS BUSINESSES: ACW,Inc. • Burns Building Supply Ballot Measure 38 is just plain stupid! ENTERPRISE: Keep Oregon's dollars in Oregon,not in Boston. Alder Slope Ditch Co.,Inc. Keep insurance rates low. JOSEPH: Keep SAIF! Joseph Bronze Vote NO on Measure 381 LA GRANDE BUSINESSES: AC&L Inc.,dba Action Plumbing • Kohr Body Shop Inc. • (This information furnished by James B.Northrop.) Steven J.Joseph,P.C. • Nature's Pantry, Inc. • Rogers This space purchased for$500 in accordance with ORS 251.255. Asphalt Paving Co./Redi-Mix Concrete • Weaver Construction The printing of this argument does not constitute an endorsement by Co. the State of Oregon,nor does the state warrant the accuracy or truth MILTON-FREEWATER: of any statement made in the argument. Lyon Repair MT.VERNON BUSINESSES: Argument in Opposition Dakom Logging,Inc. • 0 regon Telephone Corporation NYSSA. The Oregon Nurses Association Fiesta Farms Inc. Opposes Ballot Measure 38 Oregon Nurses Association(ONA)and a ONTARIO BUSINESSES: As the President of the Ore 9 ) Blackaby Insurance Agency,Inc. • Maeda-Tuttle Construction career nurse I am acutely aware of the importance of maintain- ing a safe workplace not only for our patients but also for the (This information furnished by Mark Nelson.) safety of doctors,nurses and other employees in hospitals and This space purchased for$500 in accordance with ORS 251.255. medical offices throughout Oregon. The printing of this argument does not constitute an endorsement by The ONA believes that SAIF Corporation plays a critical role in the State of Oregon,nor does the state warrant the accuracy or truth preventing workplace injuries.The ONA works closely with SAIF of any statement made in the argument. to ensure the utmost level of care and attention is dedicated to maintaining and enhancing safety. Argument in Opposition Measure 38,which abolishes SAIF,would undermine all our work and increase workers compensation costs for the medical care SOUTHERN OREGON BUSINESSES providers further increasing health care costs. OPPOSING MEASURE 38 The ONA believes SAIF has been an Oregon success story ASHLAND BUSINESSES: since reforms to the insurer took place in the 1990s.Affordable Ashland Greenhouses • Domestic Solutions LLC,Zoe worker's compensation is an important priority for Oregon's Lehmann,member • Siskiyou Transportation, Inc. • Town& heath care providers and employees.SAIF has done an excel- Country Chevrolet Oldsmobile,Inc. lent job keeping rates low.In fact,Oregon's basic rate hasn't increased in 14 years,largely due to SAIF's efforts. CANYONVILLE BUSINESSES: Canyon Hydraulics,Inc. • Huffman-Wright • Smokey's Pals Oregon's low workers'compensation rates are one of the best LLC South Douglas Saw Shop thing the state's economy has going for it.Oregon's rates are much lower than those in neighboring California and Washington, Official 2004 General Election Voters'Pamphlet continued 1461 Statewide Measures Measure 38 Arguments CENTRAL POINT BUSINESSES: • Hooker Creek Companies,LLC • J-R's Body&Paint Works Grange Co-Op • Hydro-Flow Inc.,Raymond W.Urton, Inc. • Ken's Ice,Ray Lakey, President • LAMCO Industries Chairman of the Board • Interstate Battery Systems of Inc.,Mike Erbele, President • Mountain High Contractors,Inc. Southern Oregon • PremierWest Bank • Pine Mountain Acoustical,Inc. • Robert S.McDaniel,CPA • DRAIN BUSINESSES: Round Butte Seed Growers • The Oregon Store Inc. North Douglas Economy Drugs,Inc. MADRAS BUSINESSES: EAGLE POINT BUSINESSES: Bright Wood Corp. • Madras Builders Center,Inc. • Tiger Southern Oregon Tallow Company, Inc. Mart and Deli,Inc. GRANTS PASS BUSINESSES: PRINEVILLE BUSINESSES: Auto Tech Mfg.LLC • Copeland Sand&Gravel, Inc. • HBA of Barr Groff Trucking • Cooper Electric I,LLC Josephine County • Henry Turk Trust • HMK Corporation dba REDMOND BUSINESSES: Herb's LaCasita,Beverly C.Parker,President • Larson's Courtesy RV, Inc.and Courtesy RV, Inc.dba Auto Electric& Cabinet Factory Inc. • Royale Gardens Health&Rehabilitation Power Systems Center • Star Automotive • Wm.R.Lovelace Construction, Inc. • Zottola's Valley of the Rogue Dairy,owner-partner Palmer SISTERS BUSINESSES: Zottola Chaparral Apartments • Hinterland Ranch KLAMATH FALLS BUSINESSES: (This information furnished by Mark Nelson.) AAA Discount Storage • Anderson Production Printing • Citation Upholstery • Frank Grohs Equipment Repair • Heaton This space purchased for$500 in accordance with ORS 251.255. Steel&Supply,Inc. • Horizon Erectors, Inc. Klamath Basin The printing of this argument does not constitute an endorsement by HBA • Klamath Pacific Corp. • Liens Store • Mick Insurance the State of Oregon,nor does the state warrant the accuracy or truth Agency,Inc.,Carol Mick,President • Novak's Auto Parts • ofany statement made in the argument. Powley Plumbing Inc. • Sessler Metals,Inc./Sessler Metals Used Steel,Inc. • Wildland Timber Falling,Inc. Argument.in Opposition LAKEVIEW BUSINESSES: Nolte Insurance Agency,Inc.,Gigi Outland COLUMBIA GORGE/1-84 BUSINESSES MEDFORD BUSINESSES: OPPOSING MEASURE 38 The Acorn Press,Inc. • Airport Chevrolet • Bach's Camera BOARDMAN BUSINESSES: Center • C.W.Concrete,Inc. • Color Rite Auto Body,Roy Boardman Hardware,Inc. Borelli,owner • Dollar GMC-Oldsmobile • Forestglen Lumber Co. • Modern Plumbing • Morgan Pacific, LLC • Piano HEPPNER BUSINESSES: Studios&Showcase,Thomas Lowell,President Profile Heppner Hardware • Morrow County Grain Growers,Inc. Grinding&Machine Inc. • Silver Bell Wholesale,Barbara Burke HERMISTON BUSINESSES: • Southern Oregon Subaru Volvo Mitsubishi A-Plus Connectors • Columbia Court Club,Inc. • Hermiston MYRTLE CREEK Home Center,Inc. Power Pro, Inc.,Jon Patterson Cam Cat Tractor Inc. • SA Schuyler&Sons Inc.,Sidney Allen HOOD RIVER BUSINESSES: Schuyler,President Hood River Supply Assn. • Krieg Millwork&Building Supply, OAKLAND Ravinder K.Grover • Laraway&Sons,Inc. • Phelps Trucking J&B Wood Products,Inc. Inc. • von Lubken Orchards Inc. • Your Rental&Party Center O'BRIEN BUSINESSES: PARKDALE BUSINESSES: Mark Rehmar Studio Lava Nursery Inc. • Norman L.Pratt General Contractor ROSEBURG BUSINESSES: PENDLETON BUSINESSES: A-1 Auto Sales Inc. • AAMCO Transmissions • Cagle Hill Meat Company,William Van Etta,Controller • Obie's Import Communications,Inc. Destiny Communications Inc.,Terry L. Repair, Inc. • West's Rental&Sales Inc.,Sharon West, Brown,Sec/Treasurer • Douglas Timber Operators,Robert Sec/Trea. Flagon,Executive Director • First Strike Environmental,Judith A.McLaughlin, Insurance Administrator • Roseburg Disposal THE DALLES BUSINESSES: Co. • Walker Bros.Auto Repair Inc. • Western Testing,Inc. Columbia River Music,Inc. • Dahle Orchards • Orchard Mew WHITE CITY Farms,Inc. • Polehn Farms Inc. S&B James Construction Co. (This information furnished by Mark Nelson.) (this information fumished by Mark Nelson,Committee for SAIF-Keeping.) This space purchased for$500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by This space purchased for$500 in accordance with ORS 251.255. the State of The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth ofany statement made in the argument. Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. Argument in Apposition Argument in Opposition OREGON COAST BUSINESSES CENTRAL OREGON BUSINESSES OPPOSING MEASURE 38 OPPOSING MEASURE 38 ASTORIA BUSINESSES: BEND BUSINESSES: Knappa Water Assn. Rickenbach Construction Inc. • Bend Heating&Sheet Metal Inc. • C.A.C.Transportation,Inc. Wesrose's Antiques • Wilkins Construction LLC,Jim Wilkins, dba Central Oregon BREEZE • Carlson Sign,Peter Carlson, managing member President • Century Insurance Group LLC • Constructor BANDON BUSINESSES: Services,Inc.,Sherry W.Rodgers • Hancock Construction Inc. Second Street Gallery • High Desert Beverage Distributors,LLC, Dave Kremers,CEO Official 2004 General Elections Voters'Pamphlet continued 4 147 1 Statewide Measures Measure 38 Arguments BROOKINGS BUSINESSES: CORVALLIS BUSINESSES: Freeman Rock,Inc. • Leslie E. Hahn Inc. • ORCA, Inc., Blackledge Furniture • City Limits Store • Columbia Concrete Marsha Geraghty Sawing Company • Sedlak's Shoes • Starker Forests,Inc. • COOS BAY BUSINESSES: Willamette Valley HBA Abel Insurance Agency • Bay Area Chamber of Commerce EUGENE BUSINESSES: Blue Heron Bistro,Inc. • Coast Carpet, Inc.,John Hamilton, Anchor Insurance&Surety,Inc. • Anslow&DeGeneault,Inc. • Pres. • Coos Bay Trawlers'Assoc.,Inc. • Crook Timberlands Brothers Cleaning Services,Inc. • Central Print& LLC • Doug's Industrial Machining • Ferguson Transfer • Reprographics • Chambers Construction Co. • Colburn Koontz Machine and Welding, Inc. • Lee Webster Excavating, Painting,Inc. • Egge Sand&Gravel,LLC • Eugene Sand& Inc. • Messerle&Sons • Raindance Laundry&Diaper Gravel,Inc. • Frontier Resources LLC • John Hyland Services,LLC,Michael R.Watson,Owner • Thomas and Sons Construction • Noble Lumber Inc. • Overhead Door Co.of Transportation • Vend West Services Inc. • West Coast Eugene-Springfield • Pacific Mushrooms,Inc. • Staton Contractors Companies,Jeanne Staton,Pres. FLORENCE BUSINESSES: McMINNVILLE BUSINESSES: R.Scott Roberts • Ray Wells,Inc. J.C.Compton Contractor, Inc. • High Heaven Timberlands Inc., GOLD BEACH BUSINESSES: Dan Grimm,President • James L.Heiser, L.P.T. • McDonald Mike O'Dwyer,Lawyer Lane Dental Center,Celeste D.Stephans • McMinnville Manor Mobile Home Park • Northwest Asphalt Sealing LINCOLN CITY BUSINESSES: Halvorson-Mason Corp. • North Lincoln Sanitary Service • NEWBERG BUSINESSES: Lincoln City Chamber of Commerce Emerick Construction • Fulcrum Technologies,Inc. • GVS NEHALEM BUSINESSES: Contracting,Inc.,William Dale Smith,President • K2MG Interiors Inc. v Newberg Care Home • Pacific Coast Air Ayres Construction,Inc. Balancing NEWPORT BUSINESSES: SALEM BUSINESSES: Anne Herff Meyer DDS,LLC • Alan Brown Tire Center,Inc. • A.G.Sadowski Co. • Academy of Hair Design,Inc.,Gene D. Associated Cleaning Svcs.,Inc. • Barney&Larkin Snook,President • Acoustic Panel Systems • Ankeny Construction,Inc. • Orca Builders, Inc. • W.W.Construction, Lakes/St.Maries Wild Rice Cos. • Boise Cascade Corporation LLC • Business Connections,Inc. • Cal's Propane • Forest NORTH BEND BUSINESSES: Technologies Inc.,Donald M.Miller,Vice President • GSM Crown Roofing Co. • Donald W.Thompson,Inc.,Donald J. Constructors,Gordon McPherson,Owner • Gelco Construction Thompson,President • Menasha Forest Products Corporation Co. • Hanard Machine,Inc. • J&J Precision Machine Inc. - PACIFIC CITY BUSINESSES: Johnson&Ray Investment Realty,Inc. • Landmark Pacific Inc. GH Construction& NE Design,Inc. • Marion-Polk Bldg.Ind.Assoc. • Meyer Nursery&Orchards • Noble Mountain Tree Farm • Oregon Lock&Access,LLC - RAINIER BUSINESSES: The Pape Group,Inc.,Lee Wood,Director of Human Resources Gary Holcomb,dba Riverside Auto Body • Philco&Associates Inc. • Salem Sand&Gravel Co. - REEDSPORT BUSINESSES: Standard Utility Contractors,Inc. • Superfast Undercar Parts Gerhard Goorhuis DDS PC • Laskey-Clifton Corp. Inc. TimeMark Incorporated Whitlock's Vacuum&Sewing Center SEASIDE BUSINESSES: SPRINGFIELD BUSINESSES: Commercial Linen Service General Trailer Parts,LLC • Hamilton Construction Co. TILLAMOOK BUSINESSES: Jensen Drilling Co. • L.R.Brabham Inc. • Olsson Industrial Bob Wirth Motors,Inc.,Robert Wirth • Denis Schmitz Cedar Electric,Inc. • Omlid&Swinney Fire Protection and Security Products • North Coast Door Co.,Steve and Paulette Wynia Oregon Lox Co. • Timber Products Co. TOLEDO BUSINESSES: SWEET HOME BUSINESSES: KT Mitchell Trucking Co. • PMK Distributing Inc. Holley Construction,LTD. • Reliable Heating&Air Conditioning VERNONIA BUSINESSES: • South Fork Trading Co. Holce Logging Co.,Inc.,Randall E.Holce, President • Mike (This information fumished by Mark Nelson,Committee for SAIF-Keeping.) PIN Logging Co.Inc. NTON BUSINESSES This space purchased for$500 in accordance with ORS 251.255. WARRE Reed& NTO Packing SS • Sound Waves Car Stereo The printing of this argument does not constitute an endorsement by the State of Oregon,nor does the state warrant the accuracy or truth (This information furnished by Mark Nelson.) of any statement made in the argument. This space purchased for$500 in accordance with ORS 251.256. ; OSIt1011 The printing of this argument does not constitute an endorsement by pp the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. WASHINGTON COUNTY BUSINESSES OPPOSING MEASURE 38 Argumdnt 111 Opposition ALOHA BUSINESSES: Hollenbach&Hurd,Inc. WILLAMETTE VALLEY BUSINESSES BEAVERTON BUSINESSES: OPPOSING MEASURE 38 Baker Rock Resources • BTEX Analytical,Inc. • Mountain ALBANY BUSINESSES: Trucking Co.,Inc. • Rice Studio Supply, Inc.,Scott Rice, B&D Custom Fabrication,Inc. • Brass Plumbing,Inc.,Jon President • Royal Pines Apartments • Seabold Construction Hanson,President • Filter Care T-Plus Steel Fabricators Co., Inc.,Harry W.Seabold,Vice President W.L.Thomas Environmental LLC CORNELIUS BUSINESSES: Squires Electronics • TVI Power&Sports,Georgia Official 2004 General Elpctiort Voters'Pamphlet continued-1,' 1481 Statewide Measures Measure 38 Arguments Todd-Tiffany,President • Twigg Farm Automotive,Todd Weedman,owner • Turco Engineering,Inc. FOREST GROVE BUSINESSES: MILWAUKIE BUSINESSES: Hi-Tech Rockfall Construction, Inc.,L.Howard Ingram,President Eye Clinic of Milwaukie,P.C. • Eye Health Northwest • HVAC Incorporated • North Clackamas Chamber of Commerce,Wilda GASTON BUSINESSES: Double"G"Concrete Pumping Inc. • Scroggins Creek Parks,President/CEO • The Stoner Electric Group Harvesting MOLALLA BUSINESSES: GERVAIS BUSINESSES: Marson Trucking Inc. • Superior Glass Works Fiber-Fab,Inc. OREGON CITY BUSINESSES: HILLSBORO BUSINESSES: Advanced American Construction,Inc. • Coffman Excavation, A.B. SBO &Mat Services,LLC • Banner Furniture Carl T.Coffman,President • Northwest Precision Fabricators Laundry Proturn,Inc. • R.Keith Painting Inc. • FIT&Associates,Inc. Bronleewe Inc. • Cascade Tek • Columbia Corporation • Rumbold Heating&Air Conditioning, Inc.,Robert B.Johnson, Crestview Construction,Inc. • Elite Granite and Marble The Secty-Treas. • SingaporeMath.com Inc. • Vandy Farms Gym-Nest LTD. • Oregon Memorials • Lakeside Industries New Tech Electric • Scottie's Auto Body Repair,Inc. SANDY BUSINESSES: NORTH PLAINS BUSINESSES: Speck Enterprises • Web Steel Buildings Gonzales Boring&Tunneling Inc.,James Gonzales,President • WEST LINN BUSINESSES: Rockford Corporation • Valley Machine Service Gamble Construction Services • Hatch Western Co.,Inc. SHERWOOD BUSINESSES: WILSONVILLE BUSINESSES: Benge Construction Co. • C&M Construction Inc. • Colamette Columbia Development Group, Inc. • Coral Construction Construction Company,Jim Hirte,President Corvette Company,Richard C.Morgan,Controller • Integrity Logistics • Specialties Inc. • Disability Specialists Inc. • Westerman Keywest Retaining Systems,Inc.,Della Wyatt • Lance's Developments Superior Auto Service • MSE Retaining Systems,Inc.,Bob TIGARD BUSINESSES: Westlake • Oakleaf Park • Wilsonville Lock Works,Inc. Cambridge Machine Works Inc. • Blake Enterprises and the (This information fumished by Mark Nelson,Committee for SAIF-Keeping.) Decorette Shop,Phillip B.Blake,President • Eagle-Elsner,Inc. • Forde Enterprises Inc.,Charles Forde,CEO • Gregory Law This space purchased for$500 in accordance with ORS 251.255. Landscape LLC • H&A Construction Co. • Northwest The printing of this argument does not constitute an endorsement by Engineering Service,Inc. • Reitmeier Mechanical • Shop the State of Oregon,nor does the state warrant the accuracy or truth Equipment Co.,Inc.,James Havlinek,President • Snyder of any statement made in the argument. Roofing of Oregon L.L.C. • West Coast Masonry,Inc.,Jeff Petersen,President Arg;jment in' Opposition TUALATIN BUSINESSES: Cascade Acoustics,Inc. • The Cleaning Solution PORTLAND AREA BUSINESSES Construction Equipment Company • Crawford Roll-Lite Door OPPOSING MEASURE 38 Sales • Metro Machinery Rigging,Inc. ABC Roofing Co. Inc. • ACME Welding Inc. • Access Ability, (This information furnished by Mark Nelson,Committee for SAIF-Keeping.) Inc. • Altizer Enterprises,Inc.,Bruce Altizer • Anderson Roofing Co.,Inc. • Arctic Sheet Metal • Bill R.Scharwatt • This space purchased for$5W in accordance with ORS 251.255. Blackthorn Group Inc. • Bristol Woodworking • Broadway The printing of this argument does not constitute an endorsement by Import Auto Service,Inc. • Chemical Distributors,Inc. the State of Oregon,nor does the state warrant the accuracy or truth Chnek's JES Grocery,Juan Chiang • Classic Chauffeur Co., of any statement made in the argument. Inc. • Community Management,Inc. • Couturier Tree Farm Crank City Inc. • Curtis Trailers • Current Electrical Argument in Opposition Construction Company Dailey's Inn Inc. • Delta Fire, Inc. • David's Appliance Inc. • CLACKAMAS COUNTY BUSINESSES E.E.Schenck Company • Emerick Construction • Ferguson OPPOSING MEASURE 38 Commercial Coatings Co. • Finlandia Sauna Products,Inc. • Friction Products Manufacturing Co., Inc. • G/S Associates BORING BUSINESSES: • BORING Forman • Viking Heating Inc.,Larry H. General Tool&Supply Co. • General Tree Service • George& Elte,Inc.,c., Pres. Son Cutlery • Glacier Northwest,Inc. Gordon Properties, LLC • Green Transfer&Storage Co. Gresham Podiatry CLACKAMAS BUSINESSES: Center, LLC A-Temp Heating&Cooling Columbia River Contractors,Inc. Hammer and Hand,Inc. • Harmer Steel Products Company • Goodman Sanitation, Inc. Kleenair Products Co. • Hasselblad Lumber Sales,Steven Hasselblad,President • Milstead&Associates • Northcoast Manufactures'Agency Hathaway Dental Lab • The Heestand Company,William Parkin Electric,Inc. • R.S.Davis Recycling,Inc. • Rhino Heestand • Howard Jacobs Masonry • Industrial Craters& Linings of Clackamas • Righteous Clothing LLC,Alyson Salz, Packers L.L.C. • JCW,Inc. • J.E.Dunn Construction- partner • Town&Country Fence Co.of Oregon, Dennis Fleck, Northwest • J.S.Parrott&Co. • Jacobs Heating&Air President Conditioning, Inc. • Jarmer Electric, Inc. Jordan Schrader ESTACADA BUSINESSES: PC,Attorneys at Law • Keelson Partners Kent W.Cox& Oregon Tree Farms,Ltd. Associates,Inc. • Kuhnhausen's Furniture Showcase GLADSTONE BUSINESSES: Mn'M Cabinet Company • Marque Motors,Inc., Kurt Leipzig • Elting, Inc. • Hannan-Mossman Construction,Inc. Miles Fiberglass&Composites Inc. • Miller Mechanical • LAKE OSWEGO BUSINESSES: Northwest Pump&Equipment • O'Brien Constructors,LLC Oregon Auto Dealers Association • Overhead Door Co.of American Electronics Association,Oregon Council • Employers Portland • P&C Construction Co. • Pacific Coast Paint Co., Overload,Peter J.Szambelan,Chairman/CEO • Glazer& Inc. • Payne Construction,Inc. • Peninsula Plumbing Associates,P.C. • Haase Industries,Inc. • Todd's Import Company • Portland Music Company • Ramsay Signs Inc. • Official 2004'General Election Voters'Pamphlet continued 149 1 Statewide Measures Measure 38 Arguments Reese Construction Inc.,Colleen M.Reese • Reimers& t Ih iDSltion Jolivette,Inc. • Rey Reece Dealerships • Rubber Resource, g uen pp Inc. Measure 38 Will Give Us the Worst of Both Worlds: Schaeffers'Nursery,Scott Schaeffer,Partner • Schiller& Lower Benefits for Injured Workers, Vroman,Inc. • Starbot Inc. • Rev.Dr.Wesley Taylor • Todd Higher Rates for Oregon Employers Hess Building Co. • Total Rental • Triad Mechanical,Inc. • Tri-County Industrial Parts,Inc. • Van Lom&Winge • Van If you want to understand the real agenda behind Measure 38, Lom Concrete • W.R.Reed&Company • Walsh Construction just follow the money to its prime sponsor,Liberty Northwest Co. • Washman LLC • Wilhelm Trucking Co.,Robert J. and its parent corporation,Liberty Mutual. Wilhelm Jr.,Pres. • William C.Earhart Co.,Inc. • William G. "Liberty Mutual,one of the most profitable workers'compen- Moe&Sons, Inc. sation insurance companies in America,and the admitted (This information furnished by Mark Nelson,Committee for SAIF-Keeping.) leader of the Measure 38 attack on Oregon's SAIF,has a history of manipulating state workers'compensation and This space purchased for$500 in accordance with ORS 251255. insurance laws at the expense of injured workers and The printing of this argument does not constitute an endorsement by businesses... the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. "Liberty's strategy of cutting benefits for injured workers and attacking state workers'compensation funds has resulted in poverty-level benefits and high prices for small businesses Argument in Opposition throughout the country." --Robert E. McGarrah,Jr.,JD PPH THE Oregon Farm Bureau Urges a NO vote on Measure 38 Coordinator for Workers'Compensation AFL-CIO Measure 38 is bad for farmers,bad for small businesses, and bad for employees. www.oraficio.unions-america.com/LibertyMutual.htm One of the largest expenses for Oregon farmers and other small, Measure 38 Amounts to a Hostile Takeover of Oregon's high-risk businesses is workers'compensation insurance.State Workers'Comp Market law requires this coverage so that injured workers get the med- Liberty is sponsoring Measure 38 to eliminate the only competi- ical treatment they need.For years,SAIF has helped Oregon's for that can keep it honest in the all-important business of family farmers and other small business owners get the workers' providing insurance to employers and benefits to workers who compensation coverage they need to take care of employees. are injured on the job—the State Accident Insurance Fund SAIF insures 60%of Oregon's small and high-risk businesses, (SAIF). including countless family farms and ranches across the state. SAIF is not perfect. It can and should be made more account- Private insurance is often not available to these employers able to its stakeholders.But its record in keeping rates low is because the risk of offering the coverage is too high and the unsurpassed.And it processes claims and gets first payments to profits are too low.That's why SAIF was established,and that's injured workers faster than its private sector competitors. why we need SAIF now more than ever. If allowed to pass,Measure 38 would abolish SAIF.If we lose Measure 38 Will Jeopardize Benefits Promised to Disabled SAIF,family farmers and ranchers in Oregon can expect their Workers and Raise Rates for Employers workers'compensation rates to be 30%-50%higher than what SAIF has set aside prudent reserves to fund its promised bene- they pay under SAIF.After years of drought and low commodity fits to injured workers for years to come.Measure 38 would put prices and other economic pressures,this is a body blow that those reserves on the auction block,jeopardize the benefits would needlessly endanger the survival of many of Oregon's promised to Oregon's disabled workers and create a cost crisis family farms. for employers in Oregon that could undermine our fragile The effects of losing SAIF would go far beyond the family farm. economic recovery. Small business is the backbone of Oregon's economy and the Measure 38 is bad for Oregon's workers,bad for Oregon's engine that drives the economic recovery.Loading another employers and bad for Oregon's economy. $108 million onto the backs of these farms and other small businesses would cost Oregon's economy jobs at a time when Please join us in voting No on Measure 38. we can least afford to lose them. Tim Nesbitt Brad Witt If Oregon loses SAIF,we jeopardize Oregon's small businesses, President Secretary-Treasurer family farms,and our economic recovery,all for the benefit of a Oregon AFL-CIO Oregon AFL-CIO single Boston corporation. (This information furnished by Tim Nesbitt,President,Oregon AFL-CIO.) Measure 38 threatens Oregon family farms,small businesses, This space purchased for$500 in accordance with ORS 251.255. and our ability to compete and succeed.Don't let a Boston The printing of this argument does not constitute an endorsement by corporation ransack our state. the State of Oregon,nor does the state warrant the accuracy or truth Please join me and Oregon's family farmers and ranchers of any statement made in the argument. in VOTING NO on Measure 38. (This information furnished by Barry Bushue,President,Oregon Farm Argument in Opposition Bureau.) Oregon's Injured Workers Say: This space purchased for$500 in accordance with ORS 251.255. The printing of this argument does not constitute an endorsement by Don't Put Our Fate In the Hands of Private Insurance Companies the State of Oregon,nor does the state warrant the accuracy or truth of any statement made in the argument. On any given day you could become injured on the job and experience first-hand what happens when greedy private insur- ers put profits ahead of fair treatment for injured workers.This is why,as advocates for injured workers,we oppose Ballot Measure 38. Official 2004 General Election Voters'Pamphlet continued 4 150 1 Statewide Measures Measure 38 Arguments Measure 38 Will Be Disastrous for Injured Workers and safety,which helps prevent on the job injuries.On average,our Employers Alike industry has seen a 60 percent drop in injuries and workers' Measure 38 will abolish Oregon's non-profit State Accident compensation claims since partnering with SAIF. Insurance Fund(SAIF)and turn our workers'compensation Ballot Measure 38 system over to private insurers. ENCOURAGES CORPORATE GREED In states where private insurers have complete control of the I am personally offended by the misleading and false commer- workers'compensation marketplace,we get the worst of both cials Liberty Insurance has inundated Oregonians with over the worlds—rates charged to employers are higher,and benefits for course of their campaign. I find it shocking those corporations injured workers are lower. would choose to run their business in such a predatory and Keep Faith with SAIF for the Benefit of Injured Workers tractors r ce receive first to service from SAIF Many of us construction t acouldn't We have always supported a public workers'compensation even get insurance from Liberty because we are too small,too system that can focus on delivering benefits to injured workers risky,and don't make Liberty's shareholders enough profit.SAIF and keeping premiums reasonable for employers. is there for us,not Liberty Insurance. Liberty's greed and self SAIF is not effect.But it is now being brought to task b a interest are not what is best for Oregon business,workers and P 9 9 Y families. new director appointed by the governor.More importantly,as a non-profit agency,SAIF plays an important role in the workers' PREVENT THE DEMOLITION OF OREGON'S ECONOMY compensation marketplace. VOTE"NO"on BALLOT MEASURE 38 SAIF's benefits for injured workers are soundly funded for the (This information furnished by John Cisneros,Cisneros Construction,Inc.) long term. This space purchased for$500 in accordance with ORS 251.255. SAIF has kept employer premiums low. The printing of this argument does not constitute an endorsement by Because of SAIF,we have avoided the crises that other states the State of Oregon,nor does the state warrant the accuracy or truth have experienced with their workers'comp systems—crises of any statement made in the argument. caused when private insurers jack up their rates to boost their profits and then blame injured workers for the increase. Argument in Opposition Don't let corporate greed do more damage to our workers'com- pensation system by eliminating an organization that can be a VOTE NO ON 38 force for good for injured workers. PROTECT INJURED WORKERS For the sake of Oregon's injured workers and their loved IF YOU LIKE WHAT THE INSURANCE INDUSTRY HAS DONE ones,and for those who will be injured in the future,please TO THE COST OF HEALTH INSURANCE, join us in voting No on Measure 38. YOU WILL LOVE MEASURE 38 Ernest E.Delmazzo Mike Maier Service Employees International Union Local 503,OPEU Co-founder/Executive Director Secretary opposes Measure 38.The insurance industry is bankrolling Injured Workers'Alliance Injured Worker Coalition passage of measure in order to decrease competition in the area of workers'compensation insurance. (This information fumished by Tim Nesbitt President Oregon AFL-CIO) Business and labor rely on affordable workers compensation This space purchased for$500 in accordance with ORS 251.255. coverage in order to make sure workers injured on the job can The printing of this argument does not constitute an endorsement by be treated fairly and can receive the benefits and protection they the State of Oregon,nor does the state warrant the accuracy or truth deserve. of any statement made in the argument. The effect of Measure 38 would be out-of-control insurance costs.Small business in certain industries,like nursing home Argument in Opposition and long-term care,could be forced into a high-risk pool.They could see their insurance costs rise by 30%to 50%. CISNEROS CONSTRUCTION,INC. Measure 38 would cost taxpayers more than$2.1 Billion, Ballot Measure 38 according to the official Financial Impact Committee. IS BAD FOR OREGON'S SMALL BUSINESSES Privatization of public services often has hidden costs.This Oregon's workers'compensation system is critical to the suc- time the cost is out in the open. cess of my construction business. Low workers'compensation SEIU Local 503 is committed to fighting for lower health rates,coupled with the dividends I receive from SAIF,allow my insurance rates,and in this case,lower workers'compensa- business to grow,and provide better benefits.Without the low tion insurance rates.Oregon's working families cannot afford rates and excellent service SAIF provides, many small busi- profiteering by the insurance industry.Workers are already nesses would struggle to stay afloat. squeezed enough.Now is the time for voters to fight back Ballot Measure 38 against the insurance industry. WILL RAISE WORKERS'COMPENSATION RATES The working men and women of SEW Local 503 urge you to My employees,currently covered by SAIF,will be harmed if say NO to profiteering by big insurance companies and VOTE SAIF were abolished.SAIF makes claims decisions in half the NO on Measure 38. time it takes private carriers and makes first payments to injured For more information,please go to www.seiuS03.org. workers faster.It's important to me that my valued employees get the medical care they need. (This information furnished by Arthur Towers,Service Employees Abolishing SAIF will also dramatically increase the cost of International Union Local 503,OPEU.) workers'compensation in the construction industry.If SAIF is This space purchased for$500 in accordance with ORS 251.255. abolished,Oregon contractors could be forced to pay premiums The printing of this argument does not constitute an endorsement by 30-50 percent higher than with SAIF. the State of Oregon,nor does the state warrant the accuracy or truth SAIF also partners with our industry to enhance on-the-job of any statement made in the argument. Official 2004 General Election Scoters'Pamphlet 151 1 Statewide Measures County Elections Offices Baker Tamara J.Green Douglas Barbara E.Nielsen Baker County Clerk Douglas County Clerk 1995 3rd St.,Suite 150 PO Box 10 Baker City,OR 97814-3398 Roseburg,OR 97470-0004 541-523-8207 TTY 541-523-8208 541-440-4252 TTY 1-800-735-2900 e-mail:tgreen @bakercounty.org Fax 541-440-4408 e-mail:lmdilley@co.douglas.or.us Benton James Morales Gilliam Rena Kennedy Benton County Clerk Gilliam County Clerk Elections Division PO Box 427 120 NW 4th St., Room 13 Condon,OR 97823-0427 Corvallis,OR 97330 541-384-2311 541-766-6756 TTY 541-766-6080 Fax 541-766-6757 Clackamas Sherry Hall Grant Kathy McKinnon Clackamas County Clerk Grant County Clerk Elections Division 201 S. Humbolt,Suite 290 825 Portland Ave. Canyon City,OR 97820-0039 Gladstone,OR 97027 541-575-1675 TTY 541-575-1675 503-655-8510 TTY 503-655-1685 Fax 541-575-2248 Fax 503-655-8461 e-mail:grantco @oregontrail.net e-mail:elections @co.clackamas.or.us http://www.co.clackamas.or.us/elections Clatsop Betsy Moes Harney Maria Iturriaga Clatsop County Clerk Harney County Clerk Elections Division Courthouse,450 N. Buena Vista PO Box 178 Burns,OR 97720 Astoria,OR 97103-0178 541-573-6641 Fax 541-573-8370 503-325-8511 TTY 503-325-9307 e-mail:clerk @co.harney.or.us Fax 503-325-9307 http://www.co.harney.or.us e-mail:nwilliams @co.clatsop.or.us http://www.co.clatsop.or.us Columbia Elizabeth(Betty)Huser Hood River Sandra Berry Columbia County Clerk Director, Records/Assessment Courthouse,230 Strand St. 601 State St. St. Helens,OR 97051-2089 Hood River,OR 97031-1871 503-397-7214 TTY 503-397-7246 541-386-1442 Fax 503-397-7266 e-mail:huserb @co.columbia.or.us http://www.co.columbia.or.us Coos Terri L.Turi,CCC Jackson Kathy Beckett Coos County Clerk Jackson County Clerk Courthouse,250 N.Baxter 1101 W. Main St.,Suite 201 Coquille,OR 97423-1899 Medford,OR 97501-2369 541-396-3121,Ext.301 541-774-6148 TTY 541-774-6719 TTY 1-800-735-2900 Fax 541-396-6551 Fax 541-774-6140 e-mail:elections @co.coos.or.us e-mail:becketks @jacksoncountyorg http://www.co.coos.or.us http://www.co.jackson.or.us Crook Deanna(Dee)Berman Jefferson Kathy Marston Crook County Clerk Jefferson County Clerk 300 NE Third,Room 23 66 SE"D"St.,Suite C Prineville,OR 97754-1919 Madras,OR 97741 541-447-6553 TTY 541-416-4963 541-475-4451 Fax 541-325-5018 e-mail:kathy.marston @co.jeferson.or.us Curry Renee"Kolen Josephine Georgette Brown Curry County Clerk Josephine County Clerk PO Box 746 PO Box 69 Gold Beach,OR 97444 Grants Pass,OR 97528-0203 541-247-3297 or 1-877-739-4218 541-474-5243 TTY 1-800-735-2900 TTY 1-800-735-2900 Fax 541-247-6440 Fax 541-474-5246 e-mail:clerk @co.josephine.or.us Deschutes Nancy Blankenship Klamath Linda Smith Deschutes County Clerk Klamath County Clerk 1300 NW Wall St.,Suite 200 305 Main St. Bend,OR 97701 Klamath Falls,OR 97601 541-388-6546 Fax 541-383-4424 541-883-5157 or 1-800-377-6094 e-mail:elections @deschutes.org Fax 541-885-6757 http://www.deschutes.org e-mail: Ismith @co.klamath.or.us http://www.co.klamath.or.us Official 2004,General Election,Ubters'Pamphlet continued ' 152 1 General Information County Elections Offices Lake Stacie Geaney Sherman Linda Cornie Lake County Clerk Sherman County Clerk 513 Center St. PO Box 365 Lakeview,OR 97630-1539 Moro, OR 97039-0365 541-947-6006 541-565-3606 Fax 541-565-3312 e-mail:Icornie @sherman.kl 2.orus Lane Annette Newingham Tillamook Tassi O'Neil Chief Deputy County Clerk Tillamook County Clerk 275 W. 10th Ave. 201 Laurel Ave. Eugene, OR 97401-3008 Tillamook,OR 97141 541-682-4234 TTY 541-682-4320 503-842-3402 Fax 503-842-1599 Fax 541-682-2303 e-mail:tone!l®co.tiIlamook.or.us http://www.co.lane.or.us/elections http://www.co.tillamook.or.us Lincoln Dana Jenkins Umatilla Patti Chapman Lincoln County Clerk Director of Elections 225 W.Olive St.,Room 201 PO Box 1227 Newport,OR 97365 Pendleton,OR 97801 541-265-4131 TTY 541-265-4193 541-278-6254 Fax 541-278-5467 Fax 541-265-4950 e-mail:pattic @co.umatilla.or.us http://www.co.lincoln.or.us/clerk http://www.co.umatilla.or.us Linn Steve Druckenmiller Union R. Nellie Bogue-Hibbert Linn County Clerk Union County Clerk 300 SW 4th Ave. 1001 4th St.,Suite D Albany,OR 97321 LaGrande,OR 97850 541-967-3831 TTY 541-967-3833 541-963-1006 Fax 541-963-1013 Fax 541-926-5109 e-mail:nhibbert@union-county.org e-mail:sdruckenmiller @co.linn.or.us http://www.union-county.org Malheur Deborah R. DeLong Wallowa Charlotte McIver Malheur County Clerk Wallowa County Clerk 251 "B"St.West,Suite 4 101 S. River St., Room 100, Door 16 Vale,OR 97918 Enterprise,OR 97828-1335 541-473-5151 TTY 541-473-5157 541-426-4543, Ext. 15 Fax 541-426-5901 Fax 541-473-5523 e-mail:wcclerk @co.wallowa.or.us e-mail:ddelong @malheurco.org http://www.co.wallowa.or.us http://www.malheurco.org Marion Sharon Ricks Wasco Karen LeBreton Coats Marion County Elections Division Wasco County Clerk 4263 Commercial St.SE,#300 511 Washington St., Room 201 Salem,OR 97302-3987 The Dallas,OR 97058 503-588-5041 or 1-800-655-5388 541-506-2530 TTY 541-506-2530 TTY 503-588-5610 Fax 541-506-2531 e-mail:elections @co.marion.or.us e-mail:karenl @co.wasco.or.us http://clerk.co.marion.or.us Morrow Barbara Bloodsworth Washington Mickie Kawai Morrow County Clerk Elections Division PO Box 338 3700 SW Murray Blvd.,Suite 101 Heppner,OR 97836-0338 Beaverton,OR 97005 541-676-5604 TTY 541-676-9061 503-846-5800 TTY 503-846-4598 e-mail:bbloodsworth @co.morrow.or.us e-mail:election @co.washington.or.us http://www.co.washington.or.us Multnomah John Kauffman Wheeler Barbara S.Sitton Director of Elections Wheeler County Clerk 1040 SE Morrison St. PO Box 327 Portland,OR 97214-2495 Fossil,OR 97830-0327 503-988-3720 Fax 503-988-3719 541-763-2400 TTY 541-763-2401 e-mail:john.kauffman @co.multnomah.or.us Fax 541-763-2026 http://www.mcelections.org e-mail:bsitton @ncesd.kl2.or.us Polk Valerie Unger Yamhill Jan Coleman Polk County Clerk Yamhill County Clerk 850 Main St. 535 NE 5th St.,Room 119 Dallas,OR 97338-3179 McMinnville,OR 97128-4593 503-623-9217 TTY 503-623-7557 503-434-7518 TTY 1-800-735-2900 Fax 503-623-0717 Fax 503-434-7520 e-mail:unger.valerie @co.polk.or.us e-mail:elections @co.yamhill.or.us http://www.co.polk.or.us http://www.co.yamhill.or.us/clerk/elections Official 2004 General Election,Voters'P4rgphlpt 1531 General Information i i � regiS' i l ,RE : . an ONO- ' 'Visit, -wmoreg�nir,"Ot , . rq: Al y 1. 666 350, 0696,,1 for the hearing, Im Oregon Voter Registration qualifications If you check no in response to either of these questions,do not complete this form. Are you a citizen of the United States of America? O yes O no Will you be at least 18 years of age on or before election day? O yes O no personal information please print name(required) last first middle home address(required,include apt.or space number) city zip code t, date of birth(required,month/day/year) phone number(optional) county of residence mailing address(required if different from home address) political party choose one of the following. O Constitution O Democratic O Libertarian O Pacific Green O Republican O Not a member of a party O Other signature I swear or affirm that I am qualified to be an elector,and I have told the truth on this registration. sign here date today Identification with mailed registration only Identification is requested only if you are a new registrant in this county and are mailing this form via the United States Postal Service.Identification is not required for updates within the same county or new registrations delivered in person or by means other than mail. Sufficient identification is a copy of one of the following showing your current name and address: 4 valid photo identification(such as a driver's license) 4 a paycheck stub 4 a utility bill 4 a bank statement 4 a government document If previously registered and changing personal Information,fill out this section please print previous registration name previous county and state home address on previous registration date of birth(month/day/yearl If you have any questions, or if you would like more information on voting in Oregon: call 1 866 ORE VOTES/673 8683 se habla espanol visit www.oregonvotes.org tty 1 866 350 0596 for the hearing impaired SECRETARY OF STATE NONPROFIT Bill Bradbury CAR-RT SORT State Capitol U.S.Postage PAID Salem, Oregon 97310-0722 # Portland,OR Cij F S C i A L * '` Permit No.815 LECTIWN MAID A�ut�`�zed by ea t15.Pastal Servr* *,,,,„,, RESIDENTIAL CUSTOMER Vot M, pamiphlet volume 1 - state measures OF : 0 Oregon Vote-by-Mail General Election November 2, 2004 Please RECYCLE this pamphlet with your newspapers T ♦ voteIrs . am volume 2 candidates IW IW w ' ,w, 'w Ww wWw W Ww 1ww, Iw -M F r /n �f LE'Wis & dLL RK E3ICI NTENNIAL t - S 2004 C rega Vote-by-Mail General Election November 2, 2004 sy Bill. Brad.bur� Oregon Sedretary of State This Voters' Pamphlet is provided for"assistance in casting your vote-by-mail ballot. OFFICE OF THE SECRETARY OF STATE ELECRTIONS DtdISION BILL BRADBURY TOR JoHNUND*C: 1 � o1R1EG ; SECRETARY OF SrATE 141 819KTE C.If PADDY J.MCGUIRE «•` SALEM,OREGON i*0+1*; DEPUTY SECRETARY OF STATE (503)986.1518 r Dear Oregonian, Registering to vote is only half of your right and your duty as a citizen. To fully do your part for democracy, you also have to vote. 1 challenge you to not only vote yourself,but to remind your friends and'neighbors,Your family'and colleagues, and everyone in your community to vote. As individuals,I we.can lead by"example, but as a community we can demonstrate real power mith the collective voice df our votes.We the people are the government, Government is what we make of it. We each have the power and.the'responsibility to direct government to match our needs. You have the power to change our government with your voice-and you have the power to change the world with your vote. If you have any questions about your ballot or about voting,call our toll-free voter information line at 1-866-ORE-VOTES (1-866-673-8883) or our TTY line for the_hearing impaired at -866-360-0596:Elections representatives are.available to answer all of your questions about.Ming Mond ttat0ugh Friday, 8:00 am to 5:00 pm. Please return your,ballot so that it is received by November 2. Remember,the d*6toions you make with your ballot will affect"ail of our,livesAnd our future..Thank you for beft on v x active parficipantz in our democracy. Thank you for voting. Best Wishes, Blf#Bradbury Oregon Secretary of State d On the cover;Lewis and Clark Bicentennial First Class Postage commemorative stamps were Issued on, May 14,2004.Special first day issue ceremonies were held in eleven locations across the nation,including both Fort Ciatsop itlatbnal Memoriafin Oregon'and Cape,Disappointment in.Washington. The cover stamp shows Meriwether Levis and William Clark on the 1804- 6 Corps of Discovery expedition. The gttw two Biceniennial stamps are printed inside some versions of lame 2 of the voters'pamphiet. One is a formal portrait of Lewis and the other is of Clark The stamps,trmdsmarked and copyrighted,are courtesy of the United States Postal Service(www.usps.com). , Ge' nerat Information Voters' Pamphlet Webs-it's Your official 2004 General Election Voters'Pamphlet Is divided Most of the information contained'in this voters'pamphlet Is also Into two separate volumes.This is Volume 2 and contains available in the Online Voters'Guide on the World.Wide Web at information on candidates.You should have already,received. www.em.state.or.us/elections/ Volume 1,containing information on the statewide measures.If you have not received Volume,l,_please call the toll-free voter information line at'1-866-ORE-VOTES.(1-866-673-868;1). Espahol In this volume,partisan candidates appear before nonpartisan Una version en espafiol de aigunas partes de is Gua.del Elector candidates.Al spice is purchased;statements and photo- estA a su disposicibn e'n el portal def intemet cuya d'lrecol6n graphs t rg ro aparece amba.Conscientes de que este material en Jinea da information g a � a rn ta occupational background,educationna background,and. s r io,se invite a toda persona inprimi a vee n prior governmental experience-has been certified by each Ilnea y circutarla a aquellos electores qu®no tengan acceso a candidate. una'computadora. Volume 2 also includes other voting aids,such as a complete listing of state candidates,drop site locations,and ballot. instructions.If your county has chosen to produce a voters' Inq�ortant: pamphlet In conjunction with the state,drop Oita locations will If you' our ballot is lost,destroyed,damaged or you make a mistake appear in your county voters'pamphlet,which Is in the oenter in marking your ballot,you may call your county electons"office of this pamphlet. and request a replacement ballot.One will be mailed to,you as Candidate� we pri as submitted by the long as you request it byOctober 28.After that,you may pick it a~ The etas,does not correct punctuation,gramaw, up at the elections office.if you have already mailed your origi- synta xwrors or if) prrat k0aftnaftm TIhe only s nal ballot before you realize you made a mistake,yaG + nrad4 are t i twnbct' tg err M if tl4s wow'so you►vote ,d wig,rivet be eligible far a replacelt►pOt IS Plot kt Your vested tOt must be returned s your The voters"pamphlet has been compiled by the Secretary of office by 8:00'p.m election day, State since tow,mien O sgon became Vne of.,the fimri#t"states to + not count! provide for printing and cal utir9ri of such oi One copy of ire voters'�is mailed to'every. Id County elections offices are open on election day from " in the state.Aodlilonal'CopIes,*i,*A0abie at ttie;°Stat®Capitol, 7:00 a.rri.to 8:00 p.m. local post offices, _aN courtlyctkNis;offices. . ' ' Ran For questioir5 about voter registralilon,,ballot deilit allele!return, ,Fab r►tewfor�s running for the marking the ballot,requestiri8•a roplacement bafiot.#dlA�aritee.' In order b #'lei name ballots,signature requirame"*the voters`pamph�,.tl r and rhotioa tfiaCl they appear in a " whereto vote,and ottler�qur9atJons about eiecticir aria voting; t fbrieitff at Mfr►yrwr tom; call the t, Irfree voter cnforinedletr►'ttne at 4-$68- VOf 4 Rureuarht to Ol#E 25 1 of swte;a regiUlred'to (tX68-673-0 complete a randdm letters of the a�habet to Voter Information line repr�Oentat$±es care provideiae r No in ` determine the order in, the names of candidates appear both English and Spanish.TTY services for the hear ing Jm fired ' on the ballot, are also available at 1 866.350-0596. The alphabet for the 2004 General Election is: E,D,0,1..t,H,1.JA,T,C,F,M,V,W,x,6,R,Z,N,S,P,'B",U,Y,Q 1 Looking for online election results on election night? http://egov.sos-IMte.6r.us/,resu lts Table of Contents Page iBallot Instructions ........ ...... .. ......... . ....... .. ........ 33 List of State Candidates ............. .:.............. ............ 5 \Civididate Statements-Nonpartisan................. ........: 27 Political Party Statements .......... .... ..:......... 28 Candidate Statements-Partisan... ......... . ............. . 6 Vote-by-Mail Information......... ....................................... 34 Index of Candidates ........................................................... 35 Voters with Disabilities..... . .....,.,.... ................. ........ 4 afflia 3 Q*Mral lnfon"ation . Voters with Disabilities If, because, of a disability, you would like assistance in voting your ballot or , You would. like to request aasstte or CD version of the Voters' Pam' hlet� call 1 866 ORE VOTES/673 8683 se i iii 866 / 0596 tor "" hearing A digital audio Version of the V er, aPamphlet is- available onl% eat www sos.state.or.ue/elections Instructions -on assisting voters with disabilities are .available by calling this toll-free number. 4 1 General Infornsatickh List of State Candidates This Is a complete WUng of the-state candidates for the General Election,November 2,2004,as prepared by the Secretary Of State, for the counties covered In this parnphigt,On.elsetion day,your ballot may also include measures and candidates from your county and local governments.PLAW NM.Each candidate listed does not necessarily have a statement in the Voters'PaMphlat.Some candidates do not choose to purchase space. (C)Constitution;(D)Democrat;(9 Freedom Socialist: Judge of the Court of Appeals (1)Independent;(y Libertarian:(P)Pacific Green;(9 Republican;` (S)Socialist Position 3 Darieen'Ortega' Untied States President and Vice President' John F Kerry(D) John Edwards(D) + David Cobb(P) Patricia LaMarche(P) Mich"Anthony Peroutka(C) Chuck Baldwin(C) . M'Ichaeia3adnank(L) Richard V.Campagna(L) Game W.Bush(R) Dick Cheney(R) United States Senator Teresa Keane(P) Al King(R) Dan Fitzgerald 11) Ron Wyden(D) David Bro4vniow(C) RepreserSative M Congress 2nd District Jim Lindsay(ly John C.McColgan(D) Greg Walden(R) Jack Alan Brown,Jr.(C) Secretary of State Betsy L.Close(R) Richard Morley[W Bill l'rAdbu y(D) ' State Treasurer Ranmall Edwards(D) Jeff Caton(R) OeroMa D.Winegarden(C) Mitch Shults(L) Attorney Gerrarril Richard,D.Hake(C) t Paul.Connolly(R) Hardy Myers(D) Donald G,Smith,Jr.(L) State Senator 27th District Don Loyd(C) Ben Westiund(R) 28th District Ross Carroll(G) Doug Whitsett'(R) 30th District Ted Ferriotl(R) State Representative 53rd District Mark M.Francis(C) Gene Whisnant(R) 5"Disbict Tristan Reisfar(L) ' Judy Stiegler @) Chuck Burley(R) 5M District Georgp Gilman j jiiia District Jack H E.IDafl �R) 5 General Info on 111111111111111111:111 illip gli Michael 8"r" W. B"n6r* Bush Libertarian Republican ` Occupation:Computer Software Occupation:Presk4f +e Engineer United States Clacupatfonal Background. Occupational Backgr"' y' Trainer,Administrator,Software Governor of Texas :Engineer' Educational BackorounO:Yale ' Educational Background: University-B.A:;kwvard t Indiana University, 1972-77.Majors In Marine Biology and University-MBA Chemistry. Prior Governmental Experiences Governor of Texas Prior Governmental Experience:Candidate for Texas legislature,2000 end 2002 1 have been honored to serve as President during-an historic time for America.Together,we are making our nation a0K MICHAEL,BAQNAAIKFOR PRESIDENT stronger,and better. www.bpdnarik org We have rallied the world to defeat terrorists abroad and Republicans say they support fiscal responsibility.But since strengthened our laws to protect Americans at home.Tax relief George Bush took office,government has grown at a'faster rate for families and small businesses has spurred our economy to than under Bill Clinton'-even If you factor out wartime spending. Its fastest growth in nearly 20 years.Schools are improving with Our nation is deeper in debt,than it has ever been,jeopardizing higher standards,strong:accountability,and locsd'cp trol:'And the quality of our children'future. prescription drug coverage is helping older Americans M for President Bush has yet to veto a single discretionary spending their medicines. bill Although he worked to cut taxes a little,he didn't match tax During the next four years,we will spread opportunity and cuts with cuts in spending.The resulting debt represents nothing prosperity to every part of America and continue to Wxittme_. more than deferred taxation-so what did we gain? cause of freedom and peace In the world:We will For years,Republicans said they couldn't control spendin American who wants a job can find one by keeping ; because they Traci a Democratic Congress or White House to making regulation of small businesses more reasonale, ng up foreign,markets,and,reducing junk lawsults.We s deal with Novi,they have no excuses.The current credit card comprehensive energy plan to make America more ° spending spree has happened under a Republican president, independent.We will help-more Americans get job training '. and a Republican congress. Is that what fiscal responsibility community collage$ lift yA.make health care more affordable means to you? and help families save invest so every person owns a part of t Republicans and Democrats alike have failed to protect our the American Dream.'And't wIll.stAnd with the men and women personal liberties.They have supported the USA Patriot Act,the of our military,law'enforcairtalat�iu4,*st responders as we Homeland Security Act and other laws that erode our personal defend our homeland,defeat tom,and bring peace and freedoms.Everyone agrees that terrorism cannot be tolerated. freedom to people around the world.. But if terrorists cause us to surrender our personal freedoms in the name of security,terrorists win. I have t positr your optimistic agenda fair�and l would be grateful for your vote.. As soon as we call so responsibly,we need to get our troops For ore information or to more vop , out of Iraq.Our armed forces should concern themselves with protecting America. www.QAM*WBush.com If you've had.enough,consider voting for me.I will actively 293-4142 Pro n11ote init ran,legislation and-policies that will actually shrinkthe sizp;, +ernment dramatically-letting you to keep (This informatan furnished by George w.sash.) the money you earril preventing government from violating your rights or ineddsng'in your personal decisions. Sft*t WHEN I VISIT OREGON' John Day-Oct.17th Bend-Oct.18th Sekem/Portland-Oct.19th WI 1-800-829-1982 ffhfs information fumiafred by Qeidnaiik/Campegna 2004.) Malaiiiial e 61 M00"6 sand Mates e Q$ t Pai+o'$ PIG' "� reen Paoc +green;` occ Community Pu tiklAttorney 'Direct ncy F aA N, occupa*mW Back I Gen! A sel,U S Te end 5.r y Do V61: at#d democracy, - Foutidatior►protiN < ' Construction worker. food and housing to those with nowhere else to turn Educational Background:J.D., University of Houston Latin Educational Backgrounds University of Amsterdam,mean School Studies Graduate Program;Boston.College B.A. Prior Govpmmenilai Experience:Candidate,Attorney General Prior Governmental Experience:Candidate for Governor ; of Texas;Citizen-activist and public Interest lobbyist. Maine Dear Oregon Voter, Dear Oregon Voter, If you want to cast your presidential ballot in positive and 1 am tviiming for Vioa President because f love'my;ce►il meaningful way-for peace,for immediately ending the occupa- ne like me,a single mother of two who needs the Green tion of Iraq,for repealing the"Pat"W Act,for a living wage and Party,and its ideals as much as anyone does,must run if our health care for all,and for building a party which will continue �current system is going to change., work on all these critical issues regardless of who wins on November 2,then I encourage you to vote Pacific Green. Women head more than 71)percent of the families living in The Green Party is America's fastest growing political party.We poverty- less than 1 percent g the United States Long m'!i believe in government the Our hundreds of elected has been female.;Our needs are great but our repreilentatipt9'in 9 ! legislative bodies in this country has been nil. officials are working deity to improve local communities and give citizens a voice in the decisions Which affect their lives.From As a broadcaster,,!know=that U.S.government po40W�qe in Salem to Corvallis to San Francisco and New Patti,New Ywk, opposition to the best interests of-this country Green office=ttihlders.heve championed'a healthier environmelnt, owned media supports its own agenda while " the improving sctkibfJtpvl�ss and giving all people basic human people:Consequently,half of our voting:population•doosr lwote. rights,including the nigh to marry. We are=not represented and it shows. Greens Believe in Democracy for Ali: If the government worked for the people,we wouldn't have the • Human rights for,ppeeooPPle—not corporations. "Patriot"Act.We wouldn't have our sons and daugtrters,(and • public financing for public elections grandfathemi)in,harm's way,waging war for the we0hy,mnd e Debates ancin o all ballot- lectio d candidates angry allover the world`;We wouldn't have the eduCl1onal q nigtrttmre called,"No Child Left Behind"or huge deficit- • Democracy in the workplace ballooning tax cuts for the greedy.We would have aingie-payer, A Sustainable Economy and Environment universal heatt ore,a living wage and women wejdn't fear • Create jobs b dev ar,wind and bio-fuel losing thew right to 9hoose. 1 Y eloping sql technologkW;planting trees and watershed restoration There is another°"raison I am running:my runes iXiafe;David • Protect d�Water,salmon and Ancient Forests-stop Cobb.David repr�ealeils the marginalized voices of this country. ciearcuttingl Decant and honest,he cares for the ordinary American who has otherwise bee"'Wit out of this Rrestdential,debate.Please read N you agree with our values,vote Greeni I also encourage you the moments by David and the Pacific Green Party to: Learn about Instant Runoff Voting,which eliminates the Vots � beat hope for our • spoiler situation aq&produces more democratic results. Sincerely, SeewMMfWnTftaW Pat LaMarche • Register Pacft-Green and demonstrate your support for wwy.votecobb,org peace and Green values • Support,kroal'Pacific Green candidates (This information famished by Cobb/LaMarche.) Vote*W ,, Vote for - Vote Cobb4AMorche. Vote Pacific Green. www.votecobb.oro f _ a bCyYly.oacificgreens.orn (This information furnished by CobblLsMarche.) 71 Partisan Candidates w Xeres. adwae r , , Delrnbcfat Democrat QcalpNfar�:United States Occupation:UnitO Slai� Sir Senator o, unitod'Aletes Navy,l9w197o; freight handier,law cleric,° ,. Assistara District Attorney, attorney k MlddteC County, Massachusetts,1976-1979; Educational Backg�±Crtttln�"�"' R Attorney,1979-1982;Massachusetts Ueutenant Governor, State,Bachelors 1974;University of North Cwt: *:fD 1977 1983-1984;United States Senator,1985-present. Prior t3overnmsntal Experience:US Senate 1999 presegt Educational BackWound:'Yaie University,B.A.;Boston College Law School,J.D. I grew up in a small town in rural Noah Carolina.My father worked in a mill all his life,and I will never forget the men vi d Prior Governmental Experience:Massachusetts lieutenant women who worked with Governor,1983-1984;United States Senator,1985-present. I have spent my life fighting for the kind of people 1 grew up Uke;marny of you,I beIW4*that what-matters moat is not with.For two decades,l stood with families and children against narrow appeals that divide us,but shared values OW units big HMOs and big Insurance companies.And as a Ser eW,l us.Family and faith.Hard work and responsibility.Opportunity fought those same fights against.Washington lobbhfor ft I want to talc about bur next preskient.When John fir - Ukeyouu.I valt,e fo4s that pay you more not lose than you ated cblle®e,he volunteered for military service.He wolunteen3d earrneci where you car,actually oay:yourbft, to go to Vietnam. ' 17nlFI and lift up the quaoiyma Ntte.And !!� ",YOU;-t vtdue an America where the midrib cki, not being spend three minutes with the men who actuuy`9grved with him"oozed spend better. then and`stand by him today. • New incentives to revitalize manufacturing. They saw up close what he's made of.They eaw him reach • Investment in technology and innovation that will create the down and pull one of his men from the river and save hla gd ad-paying Jobs of the future. And In the heat of battle, ••"Ckane-fhe tax,loopholes that reward companies for shipping they saw him decide linen instant ; our�overseas Instead,we wB rowird oo kLs turn his float around,drive it straight through an enemy posid filet ci3lrtte and kss{n.gQod i> 9 and chase down the enemy to save his crew. bekgy�-ifhs good±oM U.SA Where l come from,you don't judge�'a, based on M health csu+sa how they use that word In a poltical ad.You their values My plan for a stronger America cracks d�onthe waste,greed,and abuse and will save,famNles . to>l«1;i7W a based�what they've spent their life tip } up t year on their prernNrms.We will fight to ensure that' I gat to John Kerry is prepared to keep the American pedplef> and to pick your own ddotar-arfd.poda to and doctilry wt~h w- miake America stronger at-home and respected in the:Yi rK Sri"company ,wiM make msdbal dbfdtbrns. John is a man,who knows the difference between what l t Under our plan, M will negotiate lower drUa pdoes,for seniors.And all Amerkans,wil be able to buy less expsr ive and what is win ;And that is why we must and we wit aloof prescription drugs from countries We Canada John Kerry as our nemxt pr nt.- An4aa prnsiderit,I will brk*bootcthia rdoonb idbw4whoved We would be honored to have yam support,. bvdhkfttfw Waited States of Aowolce never goes te'-war becauea went to we only go to warbscwse we have to. ) Jy p�oom twoukl be have your vote. �s lNhat(a►furnished by Kelm+Ectds 200¢J For fullde�Ofs trl"aur'plan visit w John M. (This lnformatfon flerNafrad by Ke"Edwards 2W44, l 8 Partifsan Card Od" r "q"-Anthony BMW Condon Ccrostitaion Ocor:Attorney )rrduetrial Cc , System 3, p�ral BaCkgra{a+ek "�� Michael Peroutka is the , F Frig! � i co-foufxler of The Inst Or► the�km which teaches p 9 x T Edut)W ' the principles of the Dec n Ciari aott 'j"atty, #< of irkisperWence'and tins Prior oararpmental oWce:SubfugpteKl U.S:Constitution. _ � �ltcartiornat Back groun&Graduate Of 40YG46 College In' Maryland;University of Battxrrore School of Law Decades of compromise has left us with"two"political Parties' Prior Govsmrnsrltal F.xpsriefnce Michael Peroutka resigned , that have become so similar;it is nearly Impossible todisttrnguish from a position with the U.S.Department of Health and Human MOM the other.With virtually no oppasing power left in Services when he recognized that none of the programs on Washington,wo eu'r►continually vicifmized, a lawless.ens-• . which he was working were Constitutionally permissible. party system that is driving us into moral and,fiscal bankruptcy. Michael Anthony,PeEautka Is the only Pm.., Nomk�ee Our C eutharizes the federal govrt to:provide Whose entire platfofrftas in connpliarnc with the U.S, ` _for the Common defense,secure our borders,protect our God. Constitution,including Article N,Section 4 which marxiates_that given soft.,*w very finis abet While the eve Powe►b U,S.citizens will be prdected from foreign invader's. belong Pr iN to the statics,our real gover Wr&ft exists within the paopiU!;'wi *ing in Our=ccommunities;famAies and church He is the only Presidential Nominee who courageously vows to enforce our Irrimoptlon laves,secure exur,borders and protect We have fumed that desi�►completely ups ode down,and the lives of alllaw-eblfin9 Americans try hafting the alien given Hiegel near total power to the federal gOVernmerrt.Th9 e invasion. meet has,failed,and... ff Michael Anthony Peroutka�will: R I8 TIME TO TAKE TH T POYVER ACK! • Stop undeclared evens which are daily costing American My corrrmitrnent is to foNow the only support .. lives and billions of tax dollars; legislation that fails under the dearly mandated role of Congress „ *,,-,Stop reckless spending,including foreign aid,and take care . Key issues: of America's domestic needs: r •. 'debt financing of the Federal government; We invaded a country that posed NO threat to America Mum thousaric r;of our soldiers are dead or wounded,We • Get rid of the Federal'income tax,and restore a tariff based sq dearly two hundred.t, , n dollo :and revenue system; tion in'tFw world has been irreparably, we�Otdtl pal • Immediately terminate international trade agreements such every AmarjCarr soldier out a�Iraq IIMUiU1TELYt as NAFTA,WTO,the prpposed CAFTA and FTAA,and stop , ,.of Lb• `sending hlgh paying Arriefiean jobs to foreign countries;` of the child in the wornb is undeniable.We The humanity • Uphold God-ordained inalriage and.defend America's should mcwrri torthe d4,0�,000 chikirari that t>ave been moral and family values;- murdered Irr the abortion holocaust.Their Innocent blood is crying out for justice.May God have mercy on Amenca what • Protect the right to life of all ur-Awn.innocent children; the payment is due. • Get the Federal Government out of the Education business rs and allow parents to oor tf ns education of r own has been vested by our Coratitution with verSr ,k, children; specific and limited powers.With law,exceptions,ahcse • Uphold Second Amendment rights;and serve us In Gon�ss have rMuged to obey the WA • Restore a debt free,Interest free money system; IytBFalil Courts ' Congress has the exclusive power to make laws:We have If you are concerned about the future of'our nation and our allowed judges and courts to usurp this authority. children,for God,Family and Republic,vote Pemutka! Please vWt for mom po8itlons. (This Jnfomratien 1Umislred by,F!Braytka 2004.) (Phis inforrneW n fumished by Dave amwnbw for Serrate); .ar ^ 9 Partisan Candidates �$$ F�tzgeeelma Kea ` ` �yiil , .��. Libertarian w+ , , Pacific Green Eccupetion:Database Ocoupijon Psych' MaFlagernerit w s Heatt£r Nurse Prate v��: . Occupational Background: Melrlucator Independe nt Consultant � aN9rowwRl'. Cgnicallrtnrctor,O1iSiY d Gettysb" a � t. Med nute;antl N�rsm$ of t = Physician an Division; " cia Ass Prior Govemnt®r►tai Experience:Current Chak,"Mutthomah Stress Reduction Clinic Director OHSU and Legacy Emanuel County Libertarian Party. Pain Managerhent Clinics DAN FITZGMRALD FOR SENATE, Educ"onal Background: 1991 I$N Nursing,California State We deserve a Senator who will actually represent us. Univer ty;1994 MS Nursing,OHSU 1.05 Poat-Masters CeR#fication,OHSU , The incumbent voted for the USA PATRIOT Act and the Homeland Secyrity Act,without even.reading.them.Now he Prior Governmental Experience:No yet says he wants to"fix"them' Community Involvement:Treasuft Oregon Physict fbr These two .of legislation can't be fixed.They need o be So6W R0s*sibI1ity;Past Trea9ui%American Soc r7a tom out of the ibis,and those who voted for them shoukfrbe Management fyur�ing,PortlarxWar�pouver Chapter-,p , turrged-from officA Belt cWionary tale: Cakany lometiwn srs Association As I will work to bring all of our troops home from Iraq as quickly drs your U.S,Senator;1 will advocate for can be safely accompfted.The military exists to defend Stopping the war;bringing our troops home now:It's wrong to America.If we refocus it orf t:.basic mission,we will be mor® send our,children to the for oil in Iraq,,Unlleterai invasion secure and.less of a target. wrong.d-will work to reestablish the U.S,as a leader for I will work fora sane energy policy that doesn't subsidize huge rights. oil corporations and back corrupt,brutal dtctatorships. Single-payer universal healthcare:We are a wealthy nation,and Alternative ft s can easily compete with unsubsidlzed 611, can afford a comprehensive healthcare system for alt The American:�" e,and Oregonians particul ft am good, Stop environmental destruction:I oppofle commercial•logging on kind,generous pew,it is about time we had a'forW-pplicy public lands.We need a'roadless policy 4n our national forests, that reflected our*J.decency and should support the Kyoto Protocol to preventilobal Oregonians send over; l.aB to Washington,D.C.annuals).We warming. get back less than$16.3B.,The loss of$3.2B has done<maeiilve Raise the minimum wage;We should provide Innng, ` � damage to our state,communities,schools,sod families.it is workers based on cost.of diving wo a 40-hour work r(rie , time to stop playing=a1+d losing- the perk gamin"Chegonians Repeal Taft-Hartley. could solve their own problems if federal polRicians iitdrF't sick UP so;mu, Wf our resources. The Republican and.Democratic parties are corrupted by corporate nwney.l'm snores practkioner,unxxt,metnber,srYef~ Them Chid Left Behind"act is yet another. single mother Send me to Washington,DC,1 wlH,wolk f ; example pf a�t ed but fatally flawed effort.I.will work government that canR be bought: to repeal, , "der ceMta115r planned approach toour children's www o"keene. www.mov*onm.org 1 will work, the pNbusfer if necessary,against any attempt r remht 4 personal relationships.Whom you love (Ibis iniormadon fumis ¢y Teresa Keane.) ti a I wl,in� .VOW for Ie"gowerrrmerrt'infavor of empowering ihq and families. 11 +1#wMrw:dw.*tcgerald.ong (This information famished by Dan Fitzgerald.) 4 .y 10 f Partlmn Candi ot" Al King �q Democrat Repuo{ican Occupation:Al g Farms 0"upatlt'Kin ;U.S.Seator i i '`A A�1 0ocupoti©nal Sockgrburlid: 1996-present Cattleman, �� 'i . ForitA Oregon t- d I Rancher;1996-1999 Municipal Q i!' Servicertr the Elderly; Judge;1986-1996"General<- Co-faurik pr►,i + t_ Building,Grading,Paving, Par t+ers;i ersity lrrStructcX Ha%ardous Substances part Contractor;1972-1986 Calif0m16 Dement of Justice Educational Background:J.D.,University of Oregon Sehod of Administrator positions,Ggv*noes Advisor,Drug and Child Law;A.B.,Stanford University Support Enfotciinient:Adminiatrat6r;1972-1996 Criminal Justice Prior Governmental Experience:Congressmen, 1981-1996; Instructor,UC Santa Cruz,Chapman ,Sierra Chabot& Oregon Board of Examiners of Nursing Monte Administrators, Klamath Community.Colleges;1967-19'iv ii�iversity Polkie 197779 Officer;1965-1967 Kaiser Steel(union cardholder.' Educational BackWound:1997,1999 National Judicial College; STANDING UP FOR ALL OF OREGON. 1978 USC,Masters Public Administration;1973 UC Davis, When I first ran for the U.S.Senate,I promised to stand up and' Teaching Crede ldl;1969 California State Uhlverstty,Bachelor's fight for all the people of Oregon•:I've worked hat's to keep that Public AdmWi**W. promise.After listening4o your,ideas in open town modriga in every Oregon county,every year,here is some of what we Prbc Qw**vVV0ktBf Experience:Elected:20OD=2002 VIc6 achiever}: Chairman Oregon Republican Party,Chair Klamath County Republican Central Committee;2003-presant,Klarnath I unoovered rampant government waste and wrote the Community College Board Member.Appointed'1996 County Wm,to cut it carving$1.8 billion of waste from the Iraq Financial Planning Committee 1996.2004 Chamber"Board, reconstruction plan,and putting a stop to sweetheart;single- 1996-present Rotary International. source,federal contracts that squandered countless taxpayer National politics.has escaped oorrtrol of ordinary people.Our dollars. heritage of freedoms,independence and high living standard are I wrote the"county,payments"legislation that is being sacrificed at,the altar of multi-national socialism by elitists 0reg6n.4ver$1 biHlon for sgtWols and roads,elkf a urAd in government. critical funding,to estat Hekr Oregon as a jobs leader Ir ifre Reverse the tread.v�itft a breed of Congressmen with real,world field of nanotochnology.1"�tKle transportat t veal to �g our futuapr•{,Helped deliver$474 million to Urey w-,jlnl' exR w Who The Founding Father's transportatioh;funding for`next year alone mrm i'soil i bring I egacy of wiectorn'fitust t teborn as our guiding'principal, 4 300 Oregonians together at the"Oregon FconQM SummR" bringing trope triuCtc=the the Peopi®." to chart a bipartisan;course far,a sounder 000nornic°futtn . Inopumbeirits have a lock on reelection{they no,ly own the bank!). . 1 didn't back.down when powerful intereststtivistened'our That's why you don't see me on TV;i don't have a big bw.*olll state.i stopped federal efforts fo.�.�Mrgons i an fly MaV a;nt those bf Lis in t�tp"�.Maiwity-who.I'm �n-a� ode law 1 exp the ail companies running to champion no matter what your party. - that manipulated gas prices to their highest tevels:ever.As I'm a capable,forceful spokesman,uncorrupted by legve the former co-director of the,Gray Par►thers,1 am a leader in history,not bought by sped its:1 will work for.USI the effort to stop the privottzatliolt of$ooial security. You can send me to the Here cxomfortable that I will not be-, We trove ac tnpUshed much,but ttePrx so'much more to do "politics as usual,"will vo*uncomprcrrtlsingiy ourlasu6sand' Reprssenting Oregon in the U.S,gate has been the greatest our values—sio the dg bacsul �s Rlt privilego of my'tife.I'M proud#>�Y9 a asked me o stand t a rare gift in politics w become a N606?at blew for yea,and now I'm asking you to stand with mein this Take the leap of fakir I1sary to achieve change;than elect election. me to represent you s return to sovereign Constitutional www wyde�nteam•com nrinc1&3ls and the ftftilij Areatnass they endow! (rft lnfoimatlon furnished by W16onfior Senate.) , PATE AL KING www.kingforsenate.com (Fhis informagoh fun*hed by Al K(ng.) ; 1 F 11 Partisan Candidates Jack Alan a � � e101n1 C.: Brown, Jr. Constitution Democrat 3 , • Oc'oaPat :President,Family :0coupatiorc Preeklent. Enterprises Ltd;automotive Nature&Grace lhcorBor±ra d. technician,with Auto Doc'. Homebuilder Occupational Background: f 1,, C)cqqm onal'BackgRou# ' Saw filer � S � VISTA1�unteer,>t7fi�7-79; Educaftris)Background:New r ,. 9004; qW acpenter,1980- Hope Christian School;Praide Bible Institute Teacher 1997-98. School Prior Governmental Experience:Vice-Chairman,Constitution Educational Background.-BA,Government,Philosophy, Party of Oregon College of WHfiam and Mary,1977;Junior year,University of Like the way thktpe are?Vote for another Raixmilorat. Reading,England 1976;Fifth Year,.Elementary Education, Southern Oregon.Universit,, 1997. Tied of the Constitution being ignored by those who swear to Prior Governmental Experience:Democratic Precinct,uphold it? Committee Person; Oregon Platform Committee RepregarrF tired of the failed politics of tax and spend? Democratic National Convention,1988;Democratic C „ for U.S. 2002. Tied of just getting lip service to the rhorai foundations of �g�' society? Family:I am the,proud father of Apr children,ages-1.8-24.My Elect aClod-fas -wife Pepper and I have lived in Talent,C ragon,for 25 years. fMg,Conti[ution-honorrNcg.`,Ugd1dwW. family marl! As your Representative In Congress,t wlli'work faithfully to- Jack believes government exists to protect our unalienable 1. Ostend the Conatitrrtion,the UN <of Hyman right to life,liberty,and property enumerated in our national birth Rights,and the rules of the Geneva Co certificate:the Declaration of Independence. 2. Restore American credibility abroad by krtentattonai` Jack will take his oath of office seriously,defending our entire pre-emptive war and encoureging and cooperation; Constitution and I3111 of Rights,including Article X guaranteeing Protect Wr*„ national y by c state sovereignty, military spending into and W underdeveloped Jack will vote orsy'for legislation he has read,that our country, and by reducing our dependence on foreign oil; can afford,and tip eetaMishes or maintains a program author- and creative pWieha#ud !zed by a direct grant of authority in the`Gohatitu He wilt of im the'sanctity4nd dignity of all human Nfe;- vote to th repeal:unconstftutional laws currently on derbooks,and "mulste e sioWwW by reducing tax rates anit lth` to rein in Judicial tyrants @y limiting their app*Ole Motion) care costs;for the sell=ergiayed,by promoting fair tretd8° and a runaway executive branch, and unionization,and by dertfanding stiff penalties for fraud; Jade advocates protecting our borders AND keeP4ng our nose corpoo to, 0. Promote a Balanced budget through progressive tax out of other nations'business,too.No Amnesty!No ttndi reform; clewed warsl fiEf US OUT! 7. Develop anaticnpil hesige care,program su eg by Jack:advocates abolishing the federal Income tax and:retum- emiNoyers,;empioyeas,and investors; ing to t ftito fund government while protecting our domestic 8. Stabiitte aoaial security by eliminating Ipoptidsatfrerf businessek",W the balance of federal funding coming from currently favor wealthy individuals; excise taxes a.levy apportioned among the states as-tiro- 9. Support public education by opposing O.Widatory federal vided by the Gbflsttion. testing and prornptiag local control; Jack supports parental rights and educational Choice.Jade 10.Defend the on by;protecting ' supports free enterprise, elation of co old growth reserves,wilderness and roadless�orw e9 Cottage industries and by promoting long-term stewardship of our air,wa ftlFid, adoption of right-to-work legislation'.Jack supports only environ- and forests,. mental policies recognizing property rights and human needs. My campaign is financed without any special interest mor", Jack advocates restitution to mime victims,instead of making entirely by individual contt1Mbns.Our website address is . crime a source of revenue for the government and big business, mccolganforcongress.com. and of victimless crimes:Repeal seat belt and te Lets use oommon sense to promote the Common good,acrd reclaim a government of the people,by ft people,and qtr 1116 Oack asps,"Boycott slave-labor.produced goods and people. don'export our.jobsi" Questions?(541)474-9343 or auto_docBchatiktk com tm>s lnfamerla,f+rmished by John A4cGrspan for Congress�e j (Tins information AsrWW by Jack Brown for Congress CmiaMttee) 12 P811 "Candidates Oros i;�P rli Wald H Republican Occupation:Congressman; Small business owner �s 000*4tlpxral Bads ,,. Owner,radio stations ki fire DWI*klaixl Ries ; 0. 'mod BaQkgrora�d: Graduate.Unrveraity of Oregon.Hood River Veliey High 5ctxrol. Prior Govemmae►toll'Experience.State Senator'Representative; staff,u.S".congress and Oregon Legislature. Congressman Greg Mkien,.making a 4I11fersnce for ua Greg's returned to Oregon over 215 times to stay in doss touch with residents and.,work on their concerns.His legislation to improve forest'health,safeguard our communities from cata- strophic wtli ii avxl create jobs Is now jaw and beginning to deliver results. Congrgedmen Greg ftld".::a vnrali ;owner wow to c+rs#ft jobs. After 18 years as a small business"owns;Greg knows the 0101- lenges rural communities face 0 creating jobs.That's why We stlu ported incentives to revitait'se the economy,stood up.for Oregon's resource-based jobs,and"strongly advocated for farmers and ranchers in the Klamath Basin and throughout our district. congressmen Greg Wskien...s father and t%uMwW who cares about quality education. With a son in public school in Oregon,Greg and his wife know the importance of,&qur y educe.tion.•t e's supported"idditlonat resources in the classroom,more lout�ontrd`dnd"aooauntabp- ity.He's worked hard to make cottage more sitrie by 'Increasing financial aid Congressman Greg Waldorh-works,hard wW,V%rest. "Walden has repeatedly shown an unwavering commitment to central Oregon and"the issues facing us•••Butt trout,lack ofloba, the timber industry,and the drought declaration are 4 items ' n which havq,i�en d at one time or another.!ipwetirer; Walden o fte Ja riot+only aw"of these problems,but that he is doing his test to help solve them or,at the my least, lovAde advice on how we can;solve them ourselvec in these dark economic times,haft a Congressmen suoh as Greg Walden in our comer is t comforting thotugM.'"Ce»trde► Oregonian, February 2"--,.' Congressmen Grslil YIhWeKr---a tnrsbd curd proven leader:" ffhis lnfo"M#Qn *W 0 Wwan for Cw ress.) 13 Partisan Can~" Bill �II stay L.Bradbury CIO" Democrat Republican Occupation:Secretary of State Occupation Oregon:, Occupational Background: Representative Television Journalist;Owner, Occupational Backgld, restaurant and video production Public School Tea&:Oregon company;Executive Director, and Washington;`Job Developer, For the Sake of the Salmon; Instructor for Benton County Youth Program;Graduate Educational Background:Graduate of University of Chicago Teaching Assistant,Oregon State University;Bank Teller Sales High School;attended Antioch College Clerk Prior Governmental Experience:Senate President;Senate Educational background:M.S.Oregon State Un' ,BA Majority Leader,State Senator,State Representative Education,Central Washington University;B.A.Waste Bill Bradbury State University Secretary of Stets Prior Governmental.Experience:Palestine Rural Fire Board of Safeguarding Tax Dollars Directors;Albany'School Committee,Zone 1;Chair$enton + As Oregon's chief auditor,Bill has identified savings of tens County Republican Party of millions of dollars in over 200 audits. Legislative Appointments:Assistant Majority Leader;2001, • Audited'public schools so dollars are spent in the class- 2003;Chair House Business and Commerce Committee; room,not on bureaucracy Co-Chair,Natural Resources Committee;Vice-Chair House • Cracke&4own on reckless Lottery spending. Education Committee;State Lands Advisory Board,Oregon Coin Helping Create Jobs In Oregon Commission,Tax Reform Task Force,Oregon Commlesiorl'for • Bill has made it easier to do business in Oregon.During Women; 4 Bill's tenure,;business start-up fees were reduced from Persohah, Monied 32 years,4 children $440 to$50. 28 Year Resident of Benton County • Creating a"one stop shop"'making it easier to start a business. BETSY CLOSE WAKES GOVERNMENT ACCESSIBLE TO;y1 Fair and Honest Elections As Secretary Of mate,BETSY CLOSE Miffs • Eliminated all punch card ballots in Oregon, ELECTIONS:Protect the Initiative process and 164*6 • Required all recounts to be done by hand with paper petitioners equally k ballots. • ELECTIONS:Strengthen the election process,making sure • Protected the Voters'Pamphlet,when others tried to the mail ballot,is fraud-free by investigating all complaints.. eliminate it. Combated fraud in initiative process. As Secretary of State,BETSY CLOSE Will: • STATE AUDITS:Audit the public accounts to gain maximum "I believe that in these challenging times,government must do efficiency for your precious tax dollars,doing bath financial more with less,and has an obligation to makes sure that our tax and performance audits, dollars are spent carefully.As the state's auditor,I have worked relentlessly to redo"fraud,waste,and abuse in state As Secretary of Mated,BETSY CLOSE Wills government. STATE LAND BOARD:Prioritize strong schools by efficiently I am also proud to have safeguArded the integrity of our election managing the Common School Fund and our natural system,while defending our Voters'Pamphlet and vote-by-mail to to benefit schools. Thank you-far your support.i am asking for your vote so, BETSY CLOSE willilupholdlyour Oregon Constitution. together,we can protect what's best about Oregon." "It's time Oregon lisd a secretary of statolvih ,puts Bill Bradbury accountability over partisan politics.Betsy Ck�wlll.put Oregonians interests fifai,and provide the leader sire (1•his information fumis6ed by Bill Bradbury.) flood in6ttiovar.twit office." House Speaker Karen," "There is no finer cohdidate—Betsy Close serves for the right reasons,puts people first,and is unshakable under the political pressure in Salem." Senator Jason A.Atkinson,Deputy Leader Awarded: 2003 Taxpayer Watchdog Award 2001,2003-Friend of the Taxpayer Award: Citizens for a Sound Economy 2003 State Official of the Year: National Association of Homebuilders REPRESENTATIVE BETSY CLOSE EXPERIENCED,EFFECTIVE,COMMON SENSE.LEADERSHIP FOR OREGON MWs information fumished by Close Filends.) 14 Partisan Candidates Leo. 1"doy Libertarian Ocottpwon:University Aoobun"instructor;retired Ce~Int Auditor 1 Baokgr Md auditor for low nmeneto and. Gorporaflolra;VP&CFO for three corporations;audit manager or atxo6r>4ktg manager for two industrial corporations and state,govgnment. Emroaticnssi;�:MBA in Management,UC Berkeley; BA in Soot Sciences,,UC Riverside. SMwlence:Oregon's first State Audit �,pirforrhance auditing;performance auditor for the City of Portland and Multnomah Courittr Contracted audits for Or 1 Department of.Conections,Clackamas County Sheriff, and the City of Portland.Elected,to the Board of Trustees of the Desert Center Untfi9d SOhool District in Riverside County California: Richard`MorMY M oleaft1w.MT QUALIFIED 0endidate in this race.il*W r a ftepulocen nor.Democrat,Morley will work:i�b to be a watchdog owr A spending and reverse the amlon of our inftWVa,petltiaff Pte. Morley wig work to End Mandatory Vots by Mail • Bring tuck the civic experience of the Private voting booth • Let those who want to mail their ballots register to vote by mail • Tighten controls to reduoe the likelihood of voting and countif��d Use AuWone 16#W Money for Schools and Tare Raw • Obey the Oregon Constitution and be the"auditor of public accounts,• • Find waste and Inefficiency,and report them clearly to Oregonians • Confirm that recommended improvements are in fact made Stop the rejection of IYgidrnate voter stgnaturse on inillative P etitions • Reverse the incumbent's unreasonable ruffles for ni*Uon. • ett hate the"one county only"rule on statewide'petition Let voters"sign"initiative petitions acing their May primary ballots "This importer#office should be non-Partisan.I am not connected with the two major parties who fight each other to gridlock in Salem.As an experienced leader,1 can get thM6s tt one.My bases are only agahlAt waste; ktle ► ,encJ our gb g ' Richard Paid for ty Friends of Richstd,Morley ball marletitllA.00m (rhi,Irlfa(n ow furnW ed by FrWds•of AktWd MWW..) I 151 Parti"n f3andidates Jeffndaft Caton Edwards Republican Democrat Occupation:Chief Financial Ocxxwation:Oregon, We ' Officer/Principal,MCM Project Treasurer �r Management LLC;.Owner/ . Manager Caton&Associates Occupational :, LLC,Tax Services;Adjunct small business owner; Professor of Business George ntematfonal'trade analyst Fox University Oduc atkutal Background:MBA, , Occupational Background:Program Manager,Lockheed Martin George Washington University;BA,Economics Northwest Data Center,Operations Manager US Bank Prior Governmental Experience:Member,Corporate Govern- ance Investments Committee-National Association of State Treasurers;, .. . Educational Background;BA and MBA George Fox University Land Board;Chair,Oregon college savings board and Slats- Prior Governmental Experience:None Debt Policy Advisory Commission;:State Representative Community Service:Volunteer leader with Columbia-Wilamette Personal°Randall and Julia have'three school-aged children;' United Way Trillium Family Services board:overseeing Children's Farm. Home,Parry Center for Children,and Waverly Children's Home; Professional Credentials:C rdW rBusiness Manager,Licensed school volunteer Tax Consultant STATE TREASURER RANDALL EDWARDS WHAT WAS OREGON'S TREASURER REALLY DONE. Financial L•eadership...with Results! THE LAST FOUR YEARS? 9 know the value of yaw hid-earned dollars.Thetas why,for UNDER HIS LEADERSHIP... the past four years,l have made government moss account- able,Increased and protected state Inndtmsnts,'and saved • PERS has gone into crisis mode. monW I would appreciate your vote to continue No wort.° • The Oregon College Savings Plan lost millions of dollars for -Rangy Edwards ' our children's education. • Ignored for 10 months the Diana Goldschmidt$300 million dollar conflict of interest at the Oregon Investment Council. • Created innovative financial programs saving ITS TIME FOR A POSITIVE CHANGE money,such as voter-,approved Measure 29.This srruvt IN OREGON LEADERSHIP refinancing plan saves$1 billion • Protected our money by holding WWI Street accouaRabhL JEFF CATON - Facing mutual fund scandals,Edwards investigated firms A PROFESSIONAL MONEY MANAGER FOR OREGON when allegations of major financial improprieties arose and As a small business owner with a famity to support, i know-how became a national leader In fling time firms. hard you work for your money and believe every tax dollar • Established investment protection principles tq safeguard should be professionally managed in Salem.As Oregon's our investments. Treasurer,I'll apply the sound principles of professional money • Provided sound financial management.Funds under management used- by businesses to manage out state tax Edwards'management hit an all-time high of$56 blOWL dollars. • Increased financial socountabilky through cash Among my plans for Oregon'treasury: managergent;audits. • Implement sound business principles in the ' management of stele resources. • Protected our schools by creating a K-12 rainy-day fund • Increase the return on Investment of tine Common through Measure 19.Edwards understands the Importance School.Fund to maximize educational opportunities for of schools to our families. Oregon's dMkh*n:' • created new jobs by investing in Oregon. Expand sound investment • Created and improved_Oregon's college saves • college savings program slowing parents s allowing Oregonians to save$2,000 ayear Ufac fi college. program that works best for them. • Expanded healthcare research at ONSU and affordable • Implement a sound management approach on the State housing for.working families and low-income seniors., Land Board fhat,will wisely balance stewardship of Oregon's natural resources. Edward's earned broad support from: Oregon Education Association,Oregon Business Association, I'm a professional money manager,not a politician,with a Oregon AFL-CIO,Credit Union Association of Oregon,Oregon passionate vision of a positive and powerful Oregon.That's why Farm Bureau Federation,Oregon Bankers Association,Oregon I'm running for State Treasurer.With your help and support,) League of Conservation Voters,L.L."Stub"Stewart,Governor believe we can make positive changes that truly address Barbara Roberts and citizens all across the state. Oregon's financial needs and future. RANDALL EDWARDS...FINANCIAL LEADERSHIP...WITH www.JeNCaton.org RESULTS! 603-89848lM www.ranMedwwds.com (This infonrodon fumis W by Jeff Caron.) (This informadon famished by Randall Edwards for State Tieasurer committee) IN 161 Partisan Candidates 9114 4iR IiI �90,a ial ill" ''I Liarian Constitution , OcduWlbn: Technology, �d( Occ on:wife;Home-satroroal Marketing Executive,Intl mother,_business orenbf Corporation O,cnal , esek9ra Treasurer;Accountarrt l:kensed 199 #cnssent Intel , ' ; Tax-Prepares Carpeirfer Co ;1989 to 19 Chief Technology Officer, Educational Bsckilmund:David Business Systems Grasp,Houston; 1982 to 1989-Consultant, Douglas H.S.;Mt.Hood C:C.;Portland C.C.;B.C.T.I. Andersen Consulting(now Accenture) prior S3overnmental Experience:voter Educational 8adrpMNI&BA,Rice University,Economics and FOR THE RECORD: Political Science,1982,Magna Cum Laude Member of the professional As your state treasurer I,wi11 uphold my oath to both the Oregon Prior Governmental Experience: and,United States Constitutions.Therefore,as an elected official staff,U.S.Congress Oversight and Investigation's honor bound to this oath,i could not in good scisima Subcommittee,House Committee of Interior and Insular Affairs, s�,,e„k fund?•bortiicn.as is now being done.AlCother May 1982 to August 1982 oxp Lures,such as:programs.that'benefit hfegal immigrants, In my campaign for State Treasurer in 2000,1 made the following would be reviewed and funding cut off,If found to be observations: unconstitutional. 1.PERS is a disaster in the malting. THE GOOD NEWS: 2.Oregon's State Lands are being routinely and badly I arnA candidate that aeryes-W abimm the Lord issus'Christ. . mismanaged• and with His help will strive to gkilf(y His name as State 3.Oregon is headed toward a series-of financial crises due to Treasurer. overspending in times of plenty,and a downturn is coming. Vote for Carole Winegarden to pct reef chance. Every one of my,predictions carne true.Sadly,many turned out even worse than I predicted. THE BAD NEWS: PERS,by standard actuarial estimates,faces an unfunded aonians are slaves to out-of-control,dishonest.greedy,> liability of approximately$17 billion. career politicians and special interest groups. • According to bureaucrats and the STATE SULRiET we Oregon's State Lands remain badly mismanaged.,Our schools: . are broke l They say,"Close the schoots and Jet the suffer as a direct result prisoners outl" And are a14:tci7ow what'bregon has gone through in attempting to According to the Comprehensive Annual Financial Report deal with budget shortfall after shortfall. (Law requires this annual accounting]oursW state has gig*of money.Millions of dollars ene being hoarded My opponent in this race failed to support meaningful PERS and'Strategically hidden(invested).Not to mention our reform.He did nothing to improve the management of State coups,,cities,and even the poor school districts all Lands.And he was one of the primary supporters of the disaster have C.A.F.R.s. that is Measure 29. The annual budget Is a partial story.The C.A.FiR 1,s the' All he has succeeded in doing is significantly increasing the debt complete story. burden on current and future generations of Oregonians.Hardly. How do you reconcile what the/politicians and the views media a record of meaningful achievement. say about our dire financial straits versus what l say? So you face a fundamental choice in.this election. Get the C.A.F.R.report yourself: You can vote for someone who has only made a bad situation http-J/sccLdW$tate-or ua/DWWD/SARS/ docs/2003-CAFFt,pdf worse. • Check out this website: Or you can vote for someonewho`has the courage,competence, httpJ/www.cdhrnan.coRVArbcleWArt-OR-61.Mm and conviction to make things better. • Then ask yourself If you believe that Oregon can and should have better leader 1.Why don't they mention the C.A. when It time to vote for a tax increase? ship,then vote for me-Mitch Shults,Libertarian for State Treasurer. - 2.Why don't they want taxpayers to know about it? 3.Who benefits from this deception? f &rbmittsd By Friends of Mitch Shults FOLLOW THE MONEY AND THE MOTIVES BECOME CLEAR 1-800-8?9=1992 (This infomWion furnished by Carole D.lNlnege►den.) (This information fumished by.Friends of Mltch Shufts.) 17 Port6an CreA 11MM9d , e4��j,�11 fain 'Mmnoft Repu iic,n Dern®orat Occupation:Attorney OccupafkNrs Attorney(3sitdral repres"rig family farmers Gird small mss. Occupatforwf tfek Attorney Y, Ocrtignal8aokgrounel: Educational or " Private practice for 19 years;; f Prineville Schools,!U IV 40 years cutting waste In < Mississippi;University of' government agencies. Law School Educational Background:JD,Georgetown Universityr law Prior Qoverrimental Experience State Representative,House Center,AB,Assumption College. Speaker;chair,Oregon Criminal Justice Council;State Prior ovemmental Sentencing Guidelines.Board;Judicial Branch Commission; G Experience:Pro-Tern Circuit Judge;Chair, State Trial Rules Committee;Attorney;Oregon Judicial chair,Conference of~am Attorneys deneral Department;Attorney,Federal Judicial Center,U:S.Army Personal;Hardy and Mary Ann have three sons:Hardy, Military intelligence Officer. Christopher,Jonathan. Community Service:Founder,Blanchet School;youth soccer "Hardy Myers has earned a reputation for resolute leadership and basketball coach;member of community and social service and integrity.In the post 9-11 world,Hardy helped load the boards. charge in state government to increase Oregon's'preparedness, F amty:Married 21 years;three daughters.- for the terrorist threat." —Oregon Councif otPolice Associations CON LY AC nOm Kgo m a FAmiLIEs sAFE , RE-ELECT ATTORNEY GENERAL HARDY MYERS "70%of property crimes and identity theft are tip to metham- LEADERSHIP AND INTEGRITY FOR OREGON phetamines,which threaten to destroy Oregon's quality of INS. As Attorney General,Hardy has provided strong.leadersFiip-for The Attorney General.must fight the abuse,elder and domestic improving Oregon life,by upholding the rule of law. abuse,and property and identity theft:"Paul Connelly S Mandatory prison time for meth makers and dealers COMMITTED TO STRONG LAW ENFORCEMENT • M AND CRIME VICTIM SUPPORT • Strengthen anti-drug law enforcement teams • Increase jail capacity and put more police on patrol Hardy is endorsed by District Attorneys across Oregon and ' "We need a bold,decisive Attorney General to get the job done. organizations like the Oregon State Fire Fighters Council Paul Connolly is that leader." mouse of his resolute work fighting crime and for public safety. Cl :Onown,Douglas County Sheriff He has led major advances for crime victims,including statewide automated victim notification,restitution reform,and Y DIRECTION:f300mma Jon improved community response to sexual assault.. CUTTINQ TAXES COMMITTED TO PROTECTIOQ" iAM "Sunlonsoftaaw regulations are driving businesses awaK Hardy has greatly expanded Consumer Hotline access and has giving-Oregon the highest unemployment rate in the nation.I worked tirelessly to combat consumer fraud by education 4W-., will cut bureaucratic red tape:and'help get Oregonians back to enforcement actions ainst m kinds of marketplace law work."Paul Connolly breaking,including electricity pride trianipulation. • Create-jobs by repealing unnecessary and costly business has regulations Hardy helped recover over ons billion dollars from phanna- • Reduce'nunber of costly,frivolous lawsuits against small ceutical companies for unlawful market practices that inflate businessesl, nedical professionals drug costs or mislead physicians and patients.. • Cut agency spencers to reduce taxes COMMITTED TO OPEN,HONEST GOVERNMENT "Peat Connolly has made a career out of counseling and Heading the state's lawyers,Hardy has worked to ensure state defending small businesses and family farms.We need Paul's government is open and honest,and to help it shape constitu- experienCe'as our Attorney General." tionally sound policies.He has beeit committed to effective child Chuck Jonas.,;Portland Small Business Owner 'support,combating Medicaid fraud,and safeguarding the DOLLY PROTECTION Qf MARRIAGE honest conduct of charitable corporations: "Hardy Myers has failed to forcefully defend traditional marriage. BROAD-BASED SUPPORT I will protect the Institution of marriage and effectively defend the Hardy%supporters include every statewide elected executive will of the people."Paul Connolly officer in Oregon government;prosecutors like Paul Burgett, ACTION-DIRECTION—PROTECTION - Edwin-Caleb,Mike Dugan,Mark Huddleston,Josftua Marquir,4 Dale Penn,Michael Schrunk;sheriffs like Bemis l Haul ELECT c GONNIOLL.Y ATTORNEY QENERAL Ramirez;and leading citizens throughout Oregon ELE on.com vaww.hardymyers corn {This information fumlahed by Paul Connolly.) (This informatlorVfumished by Re-Elect Attorney Gw wW Hardy Myers Committee:) i 181 Partisan Candidates :; 4 AN Libtr an Occupeftn:Mortgage Stoker' F Y, in»noial of South Carolina school of Law,BA,UnNwsity of South Carolina prior Qoveemw taf Experlerms:Legislative Aide to Majority Leader,SC House;Member,Multnomah County Citizens Budget Advisory Committee;Chair,Multnomah County,Shedfrs Advisory Board;Member,Measure 33 Explanatory Staternwd Committee am'a UbwWan I-believe that government's role in your life should be limited to that laid out by the Oregon and US Constitutions.This means limiting Its role in,and thus pv*ter over,our livea. I believe that government is the solution of last mat,not the first.Government should be lass involved In your life and to the extent that if is,that it be fully account"to the people. The Attorney General's office Is,currel#ly the legal�defense team for State agencies,providing cover through legal opinions for those agencies to do what#W..want.Ab Attorray General,I will be the watchdog over staltis actions,rather than its defense counsel,reining in agency action whenever it exceeds its authority.. support: Investigating all s of oQrr�On.I will be proactive in sniffing alt•cam;favoritNsrrt,8nd:Improper conduct in our _. govei�ntrretrt: -Making ik r r fqr victims of gIme'to gain restitution'for their Ives,not just:=for the criminals. -Enforcing Article 1 Section 1 a of the Constitution that requires juries to judge the law 13W the facts of a ease,allowing'juries to refuse to enforce laws they do not believe are fait' -Defending private citizens'property rights whereloaartgovern- ments threaten condemnation for non-public purposes(such as development,projects).Government may not take one citizens property for the benefit of tlnothor -Focusing on violent crimes,property cd and identity theft. Given our limited resources,we will stifle ai(effort away from crimes that have no,victim,toward crimes that*a an Ofe,limb, and property: _ For more,please visit:www sMRlr4or*gon corn (this irdbmwtion famished by Friends of Don Smith) i 19 Partisan Cam"dates bon Bain Loyd W _ , Constitution Reptian 2 r Occupation:Business Owner, Ocgnt ; ` ';Real Estate Principal Broker and Health Care Delivery Systems General Contractor ��i-a�elC Occupational Background:Real Small Busirranan in. Estate Broker Small Business agricultur Owner„past owner,Principal ,, Broker and founding partner of Eduaatal'Baeskg .^' Bead's Horne Town Realty,LLC;and a 28 year fundamental, Whitman College,BA(Education&History) evangelical minister(retired).Current owner and Principal Broker of Certified Brokers,LLC,(real estate)and Aspen Tree Hones, Prior Govern.Montal Expsrisnda:State Senator;State LLC,(construction company). Representative;Audit.&Human Services Budget Committee; Educational Back Joint Ways&Means Committee;Legislative Audit Committee; Background.,Eureka Senior High,Eureka,CA Emergency Board;Governor's Public Safety Policy&Planning 1967;Th.B.., 1976;Th.M., 1978;Th.D,1980;(NBI)Ph.D.,1984 Council;Governor's Commission on Senior Serviow National (FTS) Conference of State Legislators,Executive&FieCaiAffairs Prior Govemmental Experience:Student Body President Committees' (undergraduate);Deschutes County Republican Central Commufft Service:OSU Branch Campus Advisory Board; Committee Precinct Person;Chair,Voters for AI Bauer for State High Desert Museum Supporter;St.Francis School Board; Representative Committee;1982 Chair,Deschutes County . Odyssey of ths.Mind Coach;4-H1FFA Supporter;St.Charles Republican Central Commtttes Vision 2000 Campaign. : - The voters of District,27 have a clear choice in selecting a per- BEN WE8TLUND MA8 ESE sorkto represent them in the State Senate.I believe government should remove the legislativalregulatory obstacles and oppres- During Ben's distinguished'service in the Watt ,tWhas 'sive tax codes that strangle business growth and expansk?n.I become c>ne of the top budget experts.Having a�ors embrace,without apology,the fundament tenants of: Audit Committee od the Vltays&Means CcmmftbW,'en'ki*"' ... what a task it is to responsibly balance our budget, Limited Government Rights of Property owners He.has prioritized'the funding-of essential programs and School Choice ' like the OSIJ Cascades Campus,services that help our 1 Pro Life and veterans,and the Oregon Youth Challenge Program In Constitutional Government addition,Ben was a leader In the effortto achieve eciul!)v ftv Traditional Family Values local schools in Send,La Pine,Redmond,Sisters,Sunriver and Economic and Social Oonservatism Terrebonne. r BEN`W I TLLWID IS A LEADER. We have within us the ability to achieve great things.We should r set high standards,and reach for what seems impossible without Throughdut his life,Ben has mat many challenges,His leader forgetting thatthere is a higher purpose'than"self."Each of us ship,commitment and dedication to everything he does have has a purpose,a great;purpose,and we must strive be all that allowed him to rise above these challenges. we are intended to be. 'Ben's colleagues sea tiara as a leads In the L filature Nom. Don't cast your vote for the"lesser of two evils."Cast your vote has he been the Chair of of has,aM for fundamental principles.Together we can make a difference. the charge to audit and reform the Oregon Health Dian,saving (This information furnished by Don Loyd.) $100 million for Oregon taxpayers. _BEN WErSTLUNP UNCOWANDS`OUR lSOM Ben knows that we must have healthy schools, 'nervsnus and get people back to work by creating new jot*' ' Ben also knows that we need to protect the well-being of our farmers and agricultural community,while responsibly llor our-environment:Tats must support thfs ntial'ir protect the rlghit8 of all'property owners. BEN WESTWND—EVERIENCED.PROVEN.DEDIC/M.` ' (This infr M'W9bn furnished byGoinmitfe®to LA&0 BWn Wastlund.) SEEM 20 Partisaut "tee lro� ` Whit" Demo rat ,Republ,ltan o «,I Retired educOtor oon:Retfrmcflarge animal veterirrsrian;Equkw Breeding Susihs";Farmer Prcf� „. Ft 1`i; in Ph 'Q WM In k � . . � 9&6;� Oregon;MA,Engiiiiu,Eastern YVahingWn University.Sk from practice in 1994 Literature,bUniveisRy of:Celifomia �Background:lh for of Veterinary Medicine from Prior f3cverni eow Experience:None Washington State University;Associate of Arts from Central Military Exp0*16 ,United Statue Arrit"y,1987-1970.V in Oregon Corgmunity College;Crook"�cunty Nigh School service:1968-iii.Hono�bie +ant E-5 Prior Govern"N"" :Currefrt President -,Water for Ufa,Inc.,Past President,Oregon V�erirmy OW Association; Pomona[i�orowtich OVMA Board of Directors;Past President.Klamath County In almost twenty yea at Oregon,institute of Technology,Row Cattleman's Association became known as a lesser with A apadal talent for building Comnnaft Ste:Active in Klamath Basin and state water consensus and working through,tough probleme•He served as leaugs;Mon*columnist CssCaac/a,CeKrH*7W Magazine for is. President of the Faculty Senate**D6pWtMWt Chair of.. 0ars.pow.mall Sale Committee for 35 years,Oregon Communications.He will use th skills to.work for his"Me-* Retired Educators Association tive priorities:Job creation;strong support for agncuiture,stable school funding,a sensible Oregon Heatth,$4- that lx±otects Fam�1:Wife tared and three adult daughters` low-income working famNiee arld keeptl'heakh cxusts'dc�+m, An Q=u ft To The Voters(}f„�j��District 28 support for senior cltizbns,and itundirig'for veterans' services. Dear Voters, Ross has lived in Iaameth Mary 1 have called this area home for the past 40 years,and I can Faris for twenty years.His wife teaches science at Ponderosa.:lunior High Sctu�of:`They have imagine choosing.to live anywhere,else..which is why'I am been married for twenty-nine years. running for the Oregon Senate..There is much to do to Protect, Fair Taxation+Stable Revenue .lobe for Orag+brt our way of life-our ir►tsres#s-and our needs in.Offlgon"ar Capitot_and I wilt work hard;to sae that our area 1 8 sung businesses The O B Association'I{ats>i first priority for voice on issues that impact our farmers,randiers, O�onress b scortomy as*theosteblishment of a and load schools. . i sya to meet the Iegal curd I will go to Salsr to ensurte that out itroi�Y droctat of the state° ,February, protected,our taxes are tow and tftat economic . 200 .Ross believes we can achieve ttck'rdf m and promote job something we stop taRcfg about and start getting,done g iwth if we commit to five simple prin ipla6: ,Tm • asking for Tax reform must be revenue-neutral for individual „ cal your vote for the State Senate.Please feel tree to call rule at home at 8$2-1315 if there are'is3ues you would like ' taxpays; to talk about. • A rainy'day fund will get Oiregcxl hard times without Sincerety, the need for tax inoresses; • Profitable major coral, ail Such as PGE should not be, Dom Whit,Se paying state taxes of$10.At the some time,tax codes, ;Candidate,Senate District 28 ' should reward busingsagothat create jobs for Oregon. The Laaders We`Trust:iYuet DOUG WHITSETT ' Sno business development Is key to our rural counties; U.S.Senator Gordon Smith • Tax reform must be tied"to a well-crafted spending limit; Congressman GraIlWaWen and Former Congressmen Bob,Smith state Senator stove Harper • No sales text Oregon does not need a sales tax to provide County Commissioner steven Weat stable funding._ To view the complete list log on to Doug's website at ` (this iinformetlon fumWwd by Friends of Ross CarrON PAC) www.doug-whitsett.com VOTE DOUG WHITBM . Committed to W crew A"solid vole a for QUr interests. T*infonne W furrtiSfied:byFMv)ds of D6*N*-"fJ 2 1 partisan.Candidates IN Ted Gene G , o oli -Whisnan# ` Republican Republican Occupatierc Executive Directtor USrAi Malheur Timber Uperators,:lnc. retired: . R miiip of Joint ¢ Committee on Judlct*y ON Occupedonal 9C0t Horse Education frnnnittee. Forest products cornpaiy. gertwal mar"er;ran C, Occupolional g nd: amafl business owner; 2T year career wkh tYie United Veteran's Affairs Loan Officer. States Air Force servingdn command;leadership,staff,:and Educational Background:BA,University of Oregon diplomatic positions;served In Vietnam and Yugosla served Prior Gover ii Expert new Oregon State Senator 1997- Air Staff and Secretary of Defense Staff in the ente present;Vtoe=Chair tenate Budget Committee;Co-Chair, Educational Ste:Masters degree in Ir ipnat Subcommittee on Columbia River Gorge CommisskinReview; Affairs,Ulniveratty of Arkansas;Journalism degree inpm Co-Chair Joint Legislative Audit Committee;Senate President University of North.Caroliria at Chapel Hill;Air Gc nand&Staff Pro-Tempore. College;National;De"College Community Service:Co-Founder,Oregon Lands Coalition; Prior Gorernoi Served as Chair and Vice Member,Oregon EconoMfc Development Coordinating Council; Chair of the�. rty Commission on f hikiren,& Member,Oregon Hanford Westg Board. Families;flue term County precdrtct ;Sunriver Board of Dimctbrs 1997000;pastTressur r art r of the Dave Hogan,Harry Esteve The Oregonian, 1/27/04 Deschutes County Rican Party "Former Senate President Gene Darner,(R-Salem)says the Community Service., r of Homeless Leadership Council, way lawmakers spend their staff allowances can be indicative multiple eteran ins,end the boar chapter of the of how they handle other budgets...Active lawmakers who returned the most money to the general fund in 2063: Miry cers Association of America;`member of.Strnriver Son.Ted Ferriofi,R-John Day:$8,447." Christian Fellowship Chuo*former youth sports coactt%and PTA officer Bade Herald, 02/18/04 Fmniy:Married to fourth generation Oregonian,Josle Coffey, Taxpayer Association of Oregon has awarded State Josie works part-time for Survey Resort and,is a nlber of Senator Ted Ferrk�,poor Day,tits 2003 Taxpayer the Assistance League of Send.Son,Todd,is married and IN" Watchdog Award.'$enator Feriloli is a taxpayer hero for to�Bern.�. opposing the$1 bloon tax"hike the polNictans Mad to pass in the mkk*of our revisalon.:Sen.Ferr oli was not afraid to ask o.mr Whionant the tougi bons and he,was aggressive at Investigating Lem witfT honesty and ltrtasgMly g4xernnrsr waste.ftm FaMW is a hard worker,aid's Gene,a advocate:tor' rassroots der frfesW:of,"W " strong 9 democracy.believes in ' individual freedom,the advarrtagies,of local government Endorsed Oftigon Industries decision-making,and putting Oregon economic recovery at Oregon Form*reau Political Action Committee the forefront of his job. National F 9ttion of Independent on Gene knows sound financial principles pies tower taxes,audits of Sheriffs of government prognxm6,job creation,and less ragulatiorl' will Business�C)neg a °� result in the economic development racessgry to his our (fha Inftmeon fumished by F6wxb of Ted Fe la.) quality of life.A healthy economy will help to ensure a stable eduoation,syetem,care for our seniors and disabled,and expend cxrmmunl�ysa[ety-progrom. Gene knows its critloatto focus on natural resource and agricultural issues by supporting ourformers andranchers and protecting the rights'of property owners• e liens 1Nhielant New leadereip with"raw ideas for Oralion (this informet1w ft rnlshed 0 ComwKee to Elect Gene w6t8nant),; 22 Partisan Candidates { } Y ► � j . y'I III� III - i \ 11► t tl 2004 aP' j ays S 'Chiwk , Tristan Burley Reisfar - g Republican Libertarian 'Occupation:Small"business Occupation:Small business owner,46rernment Relations owner,Certified Denial Gonsujtin9 Technician,,wood so*,W Ocronaf"Background: Certified Porester6;10 years , peel Backtalon& with U.S,-Forest Service; Dental technician specializing in " 11 years with forte products crown and bridge and dental industry;business owner years ceramics since 1982. Educational Background:M.B.A.James Madison Univetft Backgrounds Oak Hills Elementary•,Meaciow Park 1988;MS Resource Management and Policy,State University of Jr Hioh;Aloha High,Sohool Beaverton Oregon;COCC 1980, New York, 1980;BS Forest Management,Colorado State: 1982-1854 Portland Paramedical Center;1984 Graduated as a University,1977 Dental Technician In crown•and bridge,1989 Board Certified in Prior Governmental Experiences Bbncd Metro Park& crown and bridge by National Board for Certillioatkotitor Dental Recreation District Board of Directors,1999,2003;Weatem Technokfgy. Govemors'Association Nationat Fire Plan team Governor Prior Govsrnmenrel.jFaCper4dnca:Chair ut?ertarian + Kulongosk!'s F-astskte'Forest Advisory Committee;Western Deschutes County 1998-x000;Son Police hard Chief's Governors'Association Forest*46011th Advisory Committee. Citizen Advisory Committee 200't 1 present;Deschutes County Community.Sanrice:Natknrai Skir Patrol;Deschutes United Joint Public Safety Committee 200221 to present;Jura Way:Rotary;Chair for the Oregon Society of American State Spending Foresters-Central Oregon Chepter;Youth soccer coach and Oregonians work hard for"their money.l think they should referee;Habitat for.Humanity keep it.Instead of capping the state budget,l will work Lo Personal:Married 26 years to Linda a teacher.Two children prioritize the budget to redut a state spenddng.l prorrfis [t4 find Chris 20,.Jessica,22_, pubiic`safety and K=12 schools first.1 will not support*4 t WAW ` of any kind:No Sales tan even I witl vote to requre,audhing of no Chuck Suday:Aaallillithft state agencies. • Set spending priWilies for state.budget Citizen 69hts • Create•a state savings account for down times 1 will protect all Oregonians from any laws that infringe n Scrutinize state agency budgets their � Z personal freedom or property rights as protected by the "Chuck Burley understands the importaifee of managing Oregon State Constitution. budgets and arranging`priorities to meet key obligations. I will protect Oregon's Constitution and Oregon s Death with He wants a more efficient state government."Oran Teater, Dignity and Medical Marijuana acts from federal interference. Mayor of Band 1 believe that medical decisions regarding medication, Chuck I treatment and procedures;should be made between`eatient Ity • Make education the and caregiver,without government involvement. priorityin the state budget t will protect property owners in outlying areas • Help small businesses by eliminating burdensome River Wood'$,etc:)from feed annexation into ckias J*sifter regulations taxing districts:without their approval. • Manage healthy forests to provide#variety.of uses I will support M iglous freedom in Oregon by not agowirig the "Quality schools and colleges will give our children the skills State Constitution to be altered to dictate which ceremonies they need to prosper in the job market.Chuck Burley under- WWeddin€s, .Conformations,Bat Mitzvahs,etc.)can be stands the importance to,our economy of great schools.". performed,ar°td who may participate in them. Susan Asia,Parent of three ehiklrer� "Thk by indivkivals.I invite You join me" Chuck Burley:-Ogg in takings link.The only lead this revolution requirae • Keep up with growth,work to improve transportation Is the one at the tip of your#2,pe ham° infrastructure Vote Tristan Relsfar • Support programs to train nurses,educators and " professionals here in the area" ' • Provide access to suitable land for existing and potential (MIS fnfomtation h mished by ttettster for"J new businesses "Chuck Burley has already demonstrated his commitment to protecting and^improving the lives of central Oregonians.He has the skills and tenacity to do that in the Legislature." Congressman Greg Walden Elect!Chuck Burley 541-480-8007 ConUct6hiotelorbudoycorn , (thiS information famished by Chuck Burley for State Representative.) 241 Partisan Carldidatea: its .......... Juft George stiegler Gilman Democrat Republican Occupation:Program Director Occupation:Famrer,;Leglelator; Deschutes County Court Gilman Dairy T Owher/separator Appointed Special Advocates of family dairy farm for-26 years. (CASA) Occupational Bar:IcgroUtld: Nosier Grwidparent�car- AttomW and arnallbusiness limited kt agency fors o ` Oc+oupatlonal Eackgrourft. fled income seniors to earn owner supplemental income acting as volunteers within classrooms, Educational'Backgcound:Bachelor of Science Degree in helping teachers and at-risk kids;ACCESS(a community action programs prevent homelessness, Political Science,University of Oregon,1975;Juris Doctor agency)fundraising, Degree,Lewis and Clark College,Northwestern School of Law, providing job counseling ng and medical equipment for the needy. 1978 Educational Background:Crater High;Oregon State,,(Dairy Prior Governmental Experience:Bend-La Pine School Board; Husbandry);Southern Oregon University,BS General Studies (Science-Math) Oregon State Board of Education;National Association of State Boards of Education Prior Governmental Experlence:Oregon State Representative, Central Oregon Battering and Community lnvolvemsnt: :Rape District 50 and 55;Rogue Community College Hoard.Chair, Alliance(COBRA);Growing Tree Children's Center;Deschutes, Republican Precinct Committeeman;Rogue Valley Children's s Foundation,Changing Directions;Kid Holiday Transportation District Board;Oregon Beef Council;Oregon Dairy Products Commission;Oregon Community Service Village;Youth basketball coach;active member,First Commission. Presbyterian ChurcCommission. ,�DY 8t1 ( ; During the 2003 session,Gilman served as Vice-Chair of the COMMYaAC-NT Agriculture and Natural Resources Committee and a member,of COURAGE. MAKING A DIFFERENCE FOR OUR cOMMUNITY the Transportation Committee. Judy Stiegler grew up poor,put herself through school and• During-the interim,Rep Gilman is appointed to the House Task became the first woman to practice law:in Redmond.She raised Force on Land lose and the Joint Committee on Transportation, a family.Survived cancer.And became one of our most State and rnment is Development He serves on the Council n outstanding community leaders. State Governments'Agriculture and Rural Policy Task Force and was recently appointed to the state Public Lands Advisory A GENUINE EDUCATIONAL LEADER Committee, ,lady led the Bend-La Pine School Board,the Oregon State I want to continue to represent District 86.We have critical of Education and the National Association of State.Boards issues that face us,especially in land use;reform.My goal Is to of• on.V%desperately need leadership for Oregon's get local control back into the land use planning process. s&ottls,;and Judy Stiegler offers experience that cannot be After two special tax elections it is clear that citizen 4o not msfohed—with the bud"and management BXRStdM in ensure want their taxes raised.I intend to balance the state budget with that our YjA dWW go djglyto the classroom-where cur kids existing revenues keeping in mind job creation;pubk school benefit most: funding;public safety;and care for our seniors in need.i want CREATING JOBS the people of District 55 to know am In Salem to advocate After running small business for 14 J and for them. g years,s1dY_..�iJat�s the c Ahallea=faced by small mid mici-a>_ed businesses:She A Iffetime Oregon resident,George and his wife Sandy have will work with them to keep and create good paying jobs hens In two children and two grandchildren.Currently they raise feeder Central Oregon. cattle.Volunteer activities include tieing a Key Communicator for PROTECTING FAMILIES Eagle Point School District 9;Quail Point Rotary Program Chair; Addictions Recovery Center Board,United Way finance As the director of Deschutes County Court Appointed Special Committee. Advocates JWy defends chlkfren and halos families in crisis t Infom►arion furnished by Gilman Cempeign.J every day.And as a survivor of breast cancer,Judy is committed to fighting for a{fordable heaRh care and orescrintipn roveraae for all our famines and seniors. RESTORING TRUST IN LEADERSHIP Judy always puts"people before politics.She'll help put,an and to the partisanship that has paralyzed ther"islature.The Isais- _ jWure is en r ctl0g people 1 .IgS v 6figglK is how Wp can UJL JUDY STIEGL IEPRESENTATIVE www.judy2004.com (This Information furnished by Judy to 2004.) 251 Partisan *p"Wates i Runs 1 f Jahn H. ijack f. Dallum harts a{f Republican Democrat Occupation.Retired Occupation:Su ant of Schools Retired, ,Oregon - Occupstional Badwround; 25 years Public School Occupational Sac: Superintendent; Teacher and School Administrator Masters In Education Educational Sackground:B.A., Administration,Central Washington University,B.S.Northern California State University,Fullerton;M.Ed.University of Oregon Montana College Prior Governmental Experience:Chairman,Wheeler County Prior Governmental Experience:Appointed State Democratic Central Committee;precinct committeeman. Representative District 59;Vice-Chairman;School District 21, Vice-Chair,Wheeler County Cultural Trust CoakNori The Dallas Personal&Family:Married to Celia,43 years;three grown Community Involvement:Chairman,Mid-Columbia United Way; daughters,twelve grandchildren;fife-long member and leader of Member:Lyons,.Kiwanis;The Dailies River Front Trail,Zion local United Methodist,Church. Lutheran Church Leadership:Past President&Board Member,Oregon Small JOHN DALLUM:A Strong Advocate For Oregon Taxpayers School association;former treasurer,,,board member;ism "I'm confident we can count on John Dallum to watch out for Oregon Regional Arts Council;Vice-Chairman,AWW tmunity taxpayers interests In the Legislature." Health Clinic. Russ Walker Educator.Jack Lorts has been a teacher and school admini- Oregon Citizens For A Sound Economy PAC strator for the past forty-two years,the past sixteen years as "John Dallum will work hard to protect taxpayers-and see superintendenttprincipal of three small,rural school districts;he that Oregonians have more jobs not higher taxes!" has recently retired as School Superintendent in Fossil.For Jason Williams twenty-six years prior to that,he taught in elementary,middle Taxpayer Association of Oregon and high school classrooms.For the past sixteen years,he has been a,leader for the rural schools of Oregon.He has led his JOHN DALLUM:A Solid Voice For Oregon's Small Businesses schools through the trials of Oregon's fiscal problems.He has "John Dallum understands that Oregon must be encouraging had to make the hard choices of cutting personnel and pro- -not discouraging txusinesses growth.He'll work to protect grams.He knows that Oregon's schools are hurting.He needs the jobs we already have and fight for the ones we should cr be in Salem to help Orrigon schoos out of this ctirrer�t fiscal g crisis. have:" J.L.Wilson Jack Lorts believes government shoWtl'be National Federation of Independent Business-Oregon part Of the'sokttia+l JOHN DALLUM:A Champion For Our Local Classrooms He believes government has a responsibly to maintain livable, viable communities,and to be supportive of individuals tend fam- "I have worked with John Dallum for over 10 years.He is ilies through the development of family wage jobs and,4 committed to improving Oregon's schools.John will work to economic development-strategies.He believes in the Oripori provide our children with the,best possible education." Health Plan.He believes that John Marshall personal and community gafaty. . Citizens Alliance for Responsible Education fundamental rights,and that the justice system must�3he (Public K-12 School Board Members and Administrators) rights of victims.He believes that the working people of want to support their schools.He believes that forge m'a John Dallum Is Endorsed W. to be part of the solution,reform a m of our tax system is rl8boed. Taxpayer Defense Fund Vote Jack Lorts for Representative In House blatriot 891 National Federation of Independent Business-Oregon National Rifle Association of America.Inc.- (Mis intomution furnished by Lofts for the t egaa/eture} Rod Harder,Oregon Consultant Citizens.Alliance For Responsible Education Oregon State Police Officers'Association Russ Walker,Oregon Citizens For A Sound Economy PAC Taxpayer Association of Oregon Congressman Greg Waklen Supports John Dallum "John Dallum brings experience,energy and Innovation to the Oregon Legislature and the constituents;he serves.He will be a great asset to the House'of Representatives." Congressman Greg Waklsn VOTE JOHN DALLUM FOR STATE REPRESENTATIVE www.johnhdallum.org (file intomret/on furnished by The Committee to Elect John H.Dallum.) 26 Partisan CandWates Daen Ortega • Nonpartisan Obotipation.Judge,Oregon Court of Appeals Occwpelonal Backgrotald; From 1989 to 2003,attorney in private of"practice represendng A broad range of clients.Before law school,worked as secretary, insect zoo keeper,teacher's assistant,day care assistant,piano teacher. tonal Background:University of Michigan Law School {JD,cum'laude,1989);George Fox College(BA,summa cum laude,1984);Banks High'School(1980). Prior Governmental Experience:State Bar diversity Section Executive Committee;State liar Judicial Administration" Committee. Servioe to Comrrm ty and Prof edam Oregon Vibmeri Lawyers Board of Directors;Oregon Minorky Lawyers Association;Hispanic National Bar Association;,Multnomah Bar Association Equality Committee;OHSU Heart Research Center Board of Governors;Open Adoption&Family Services Board of Directors. tNTEGRITY.DEDICATIPW COURAGE. "Judge Ortega is a smart,thorough,and fair Jud9e.who brings added credibility and distlin tlon to the Court of Appeals.I'm very proud to have appointed tw."Ted Kulompskl,Governor "Judge Ortega Is a valuable member of the Court of Appeals. She is expe&noed in appellate lew,intelligent,hare!-working, compasssonate,collegial,and is dedicated to making clear decisions in a timely. Hon.Mary Delta,Chief Judge, Oregon Court of Appeele "M :=loco strong legal and,academic background, Judj# egails rerrrarkabie for her integrity and commitment to the treatmo tof al(who appear bolor9 her.I strongly endorse lrer;eleofleit:"Bet4r Rolse�rrellnd Scrpneme Court Afttice "Having admired her work as a talented and hard-working' appellate attorney,I am conf dent that Darieen Ortega will seas the people of Oregon well as a'Court of Appeals,Judge," " Steven Rh*W Medford attor"w "t have worked with Judge Ortega and know her to be a leader with integrity,insight,and real courage.She Wan asset to the Court of Appeals."Pat&rllk wi,Pendleton attorney "Judge Ortega is a.clear and independent thinker,,completely. Impartial and beholden to no one but the rule of law.We're fortunate to have her."Robert Newell,Portland attorney . (This infomiallon furnished by Com(»ittee to ReWn Jude Da/feeri Ord•) f 27 1 fionpart iWn Candidates Constitution Party, Statement THE CONSTITUTION PAM We are the party that is calling America back to the sure foundation of Lifa,Liberty,Limited Government. What our candidates stand for: Restore the United•States to"One NAtion Under Clod" Return to Constitutional,Limited Government Ending Abortion in America Defend.individual Right to Keep and Bear Arms Restore National Sovereignty including Withdrawal from the U.N. Cut the Pederal Government Down to Constitutional Size Find Our Lost Borders and Defend Them Protect Private Property In Absolute Terms Restore Cons hitional Sound Money Backed By Gold End Corporate Welfare And the Export of American Jobs Require Congressional Declaration of War Before-Engaging Our Military Congressional Limitations on Jurisdiction Of Federal Courts We are often asked,"Why not reform the two big panties?"It may be hard to admit but an honest appraisal shows,#*both parties. , are.corrupt addicted.to'big money',with no intention of ever returning to limited Constitutional government that puts the peo * freedom first.What do you think will be the result of letting our government continue'to make up its own rules?That homxW, ized baby killing is one result.Can you think of other social and economic degradations that runaway government has bro�nsl DECLARE;YOUR INDEPENDENCEiII DON'T WASTE YOUR VOTEHI WOOL Send a real message this year.Vote for what you want Instead of some compromised down version of our AisIn This citizenship business is not a game.Wis a stewardship;for which we will be held accountable by our Crea(Or'and'our, children's ohikiren: If you are tired of seeing America on a down-hill slide morally and economically,if you question the long term consequences of a worldwide American empire,If you are weary of a government that tries to be god while it mocks the true God,.Then consider Our Constitution Party,candidates;They are pledged to the platform listed above. in office they are each committed to: vote no on budgets that Include taxpayer S11111 for abortion -institute speriding limits and Individual efficiency audits for Estate programs' -sponsor legislation rsquftV that property owners are reimbursed when state regakitions harm property values. -tiring a%mUst SW'gun law to Dragon return suthority to local school boards and parmts WWam Shakespeare saidthat,"Our doubts are traltors,and make us.lose the good we oft mightwin,by fearing to attempt." BE BOLD THIS YEAR-VOTE Colsisw noN PARTY (This#ft"War-fumi&W by 9=&uUbn Party of Oregon.) 28 f G®noral information Demalwa#is P ,, taftmer -� RESTORE DEMOCRACY-VOTE Dj .Elections are important because they determine the course for our nation,state.and our communities.By voting Democratic,you have the power to returq government to the people,to reclaim cherished Oregon Values and to restore America's stntngthin the world. Elections also are about accountability.Republicans control the White House,Congress and for too long enjoyed ins~, thee Oregon legislature.This imbalance undermines democracy and left George Bush and the Republicans dangerously unchecked The impact for average,middle class families has been devastating:stagnant incomes,skyrocketing health care costs,the does of family wage jobs;record federal deficits,and inadequate funding for essential services like schools and state police.America deserves better and you have the power to change t. John Kerry leads a re-energized Democratic.Party that offers Americans a more hopeful,positive future.Help Is on the way.Vote Democratic! • John Kerry has the right Values and Character. John Kerry has always reported for duty,and has served his country with distinction.He is a leader who believes that those who work hard and play by the rules should be rewarded first.and not left hoping for trickle down. • John Kerry has the right plan for 1M. George Bush rushed us Into an unnecessary war without a plan to win ttepeace.Now An�rican soldiers and taxpayers must shoulder a disproportionate share of the costs in lives and in dollars. Under President Kerry,America will notonger bear this burden,Won&As a.decorated veteran,Kerry understands that war should;be a last resort and not a first option.President Kerry wilt work to rebuild alliances that will make us stronger.in Iraq and Infighting terrorism. • John Kerry has the right plan for President Kerry will;never hesitate to use military force to defeat terrorists before they strike us.To protect America.Pivaildent Kerry would immediately implement the.recommendationsof the bipartisan►9/11 Commiesion.President John KerrywIR newer drag his feet or,squander an opportunity to make America safer • John Kerry has the righf pike for the EcgngM Jotsx&the Epy j. JohrrKerry will create a New Jobs Tax Credit and close the tax loophole for corporations that ship jobs overseas.Kerry will also r redirect the irresponsible-Bush tax cuts from the richest Americans to the middle-class.And Kerry understands that sustiilnoble' practices and Job creation go hand In hand. John Kerry has the right plan for`Health Cana. John Kerry's health plan will provide every American access to the same coverage that Members of Congress give therr>:rselvas:He will protect a woman's right to choose.John Kerry will also Stand up to the drug companies by requiring the federal government to negotiate lower drug pricesthrough Medicare. • Johri Kerry has the dot plan for fAU2@1 n. Pres.Bush broke his promise to Leave No Child Behind,,but he,failed to deliver$27 billion he pledged to help schools meet the federal mandate. John Kerry Will deliver the resources schools need,"while maintaining high standards for our teachers.and students.Also,to help with skyrocketing higher education costs,John Kerry will provide a College Opportunity Tax Credit on$4,OOQ of tuition for four years of college. EVEW VOTECOUMTS The presidential race-is important,but so are races for the Oregon Legislature and other.aocal offices.These races are often won by just a handful of votes and your vote can be the difference. The choices are clear,this year and we humbly ask for-your vote-not just for John Kerry,but also for the entire Demoeratle ticket. Get involved and thank you,for your support) Visit www.dpo.ora Volunteer.www.dpo.orgAnvolved Phone: 239-O01. Paid for by the-Democratic Party of Oregon and not authorized by any candidate or candidate's committee. (Phis informatbn Amished,by Democratic Party of Oregon.) 29 General lnforiination Libertarian Party Statement � 6 irif0 @IpOregOrl.�+g LI ERTARWN PARTY-'FISCALLY CONSERVATIVE,SOCIALLY TOLERANT f The Libertarian Party stands for L ndividual freedom and personal responsibility.We believe thm,,twin pillars of a civil society are inseparable;undermining one impairs the other.The only legitimate purpose of govemrrent'is to protect the life,liberty and property of Its citizens., Clearly,Republican politicians have abandoned fiscal conservatism on the state,local,and federal levels.V%'re also'Canhvbrrte+d with the spectacle of pro-war,anti-free speech Democratic politicians.There is only one political party which trusts you to run your oarrt life,to keep:and spend the money you earn,to control your own property,to care for your own body,'to freely exercise your right freedom of expression:the Litieitarian party. We trust you to run your own life;to care tot your own prop eryy body,family,and community.You go to decide whom to love, whom to marry,whaf causes to support,what products to purchase,so long as you don't harm anyone oleo. We believe that a free market,a market in which you freely offer up goods and services to others,is the best way to Laccomplish the creation and maintenance of a free society.Politicians should not be allowed to pick winners and losers,or to dictate the terms of any transactibn between two willing,peaceful trading partners. In that splrtt,we take the following positions on the ballot measures we're d voting on today., Measure 31 -NO An unnecessary change to the Oregon L constitution,it will only benefit tho'taro major parties but hurt voters. Measure 32-NO. The constituffon should only be changed for important purposes,this is L not a good enough reason tci vote for this.me — Measure 33-NO If this passes ft will set medical marijuana laws back.a id not forweld. Measure 34-NO The econornyof the northwest counties:should not be sacrificed to extremists. Measure 36-NO It is not the government's responsibility to interfere with jury settlements. L Measure 36-No The government has,no business in people's right to marry. Measure 37-YES This measure is common sense,private property rights must be upheld.it has also already passed,but was struck down In court,by a technicality. Measure 38-YES A free market economy will keep insurance rates lower,not government interference. (rNs inform don fiw*A9d Eby L ►Iaa P&-W) 30 j General Into utlon Republican Party Statement REPUBLICANS Restoring the Promise of Oregon A Vision for Oregon's Future Our Republican Party's vision:a modest-sized government with compassion for those in need but requiring responsibility from all;a government nq0mizing efficiency and using every tax:dollar wisely.Republicans will support an amendment to the Oregon Constttuticn siattk Ikflrts on government spending. Republicans'Meet the Chalienges Facing Oregon • The Challenge of,the Economy:A vision of job creation Almost two decades with Democrats in control of statewide offices has left Oregon with one of the highest unemployment rates in the nation.Republicans will do what it takes to Increase job options for Oregonians-helping Oregon's employers to grow,bringing new employers to Oregon. • The Challenge of Education:A vision for better schools Republic ri#,� e"education dollars are hest spent in the classroom.Student to teacher ratios must come down,giving teachers mnanageatile t s.sm"and reasonable auttrority to discipline,letting teachers do what they do hest-teach.While Republicans do not want.tt%turn cl dooms into test preparation facilities,we also befieve Oregon's"oft must be prepared to score higher on standardized tests. • The Challenge of Health Care:A vision for a healthier Oregon Republicans believe all Oregonians must have access to affordable healthcare.Over-regulation of the health rare and health insurance industries,and frivolows.fawsuits,are primary.contributors to excessive health care costs.The high cost of health care is felt most by our senior citizen&ins will work to find the balance between melting health care affordable white regulating it sufficiently to protect the rights of 0nigonlens. To learn more about the vision 0,,,0' gon's Republicans,visit the Oregon Republican Party on the Internet at yiTmaMg-orc. Or write to us: Email at:,* Postal mail at: -Oregon Repltalican Party PO Box 7110' Salem,OR 97308-0789. ' Kevin L.Mannh Chairman,Oregon Republican Party We are proud of our Repubilcan tkistee n#ining to represent you. Please Voter for them by November 2nd. President:George W.Bush. State Rep:district 1:Wayne Krieger State Rep.district 29:Mary,Gaitegos Vice President:Dick Cheney State Rep.district 2:Susan Morgan State flap.district 30r.Derrick Kitts U.S.Senate:AI King State Rep.district.3:Gordon Anderson $tatwRep.district 32:Douglas Olson 1 st Congressional District:Gcii Amen State Rep.district 4:Der0s Richardson State Rep.,district 33:John Jellum 2nd Congressiond`District:Greg Walden State Rep."district 5:Joanna'Lofaso State Rep.district 35:Suzanne Gallagher 3rd Congressional District:Tamil Mars Steno Rep.district 6:Sal Esquivei State Rep.district 37:'Scott Bruun 4th Congressional District:Jim Feldkemp State flap.district7:Bruce Hanna State Rep.district 39:Wayne Scott 5th Congressional District.Jinn" mk: State .disttct 8:Bill Young State Rep.district 40:David Sanders Secretary of State:Betsy Close State ftip•district 9:Susan Massey State Rep,district 41:Steven Rdwe Attgrney General:Pautraanitolly State ice.district 10:Alan Brown State Rep.district 43:Shirley(Whitehead? Treasurer:Jeff Gahm State Rep.district 11:Michael Spasaro Freeman State Rep.district 13:Gary Pierpolrit State Rep.district 44:Aaron Huddart State Senate4rdistrict 1:Jeff Kruse.' State Rep.district 14:Debi Farr State Rep.district 46:William Cornett State Senatedistrlct.2;Japan Atkinson State Rep.district 15:Andy Olson State Rep.district47 Frank Clays State Senate district 3 Jim Wright State Rep.district 16:Don Gist State Rep.district 48:Dave Mowry State Senate district 4:Noma Thomas State Rep.district 17:Jeff Krgpf State Rep.district 49;Karen Minnls State Senate district 5:Al Pearn State Rep.district 18:Mac Sumner State Rep.district 50:'John Lim State Senatsa strld 0-'Roger Beyer State Rep.district 19:Dan Doyle State Rep.district 51:Linda Flores State Sena district 12:Gary George We flop.district 20:Vicki Berger State Rep.district 52:Patti Smith State Serest ,!` 14:Jay Omdahl State Rep.district 21:Billy Datto State Rep.Alstrict`53:Come Whisnant State Senate.' " 18;John Wight State Rep.district 22:Al Shannon State Rep.district 54:Chuck hurley State Senate district 25;Ron Sunseri State Rep.district 23:Brian Boquist State Rep.district 55:,,"orge.Gilman State Senate district 27:Ben Wastlund State Rep.district 24 Donna Nelson State Rep,district 56:Bill Garrard State Senate district 28:Doug W hitsett State Rep.district 25:Kim Thatcher State Rep.district 57:Greg Smith State Senate distract 29:David Nelson State Rep.district 26:Jerry Krummel State Rep.district 58:Bob Jenson State Senate district 30:Ted ferrioli State.Rep.district 27:Gabe Schomus State Rep.district 59:John Dallum State Rep,district 28:Raphael Antico State Rep.district 60:Tom Butler` (This information furnished by Oregon Rspubbw Party.) 31 Generallnfornsatiotn /1rM�r�1 wr• .....r... '��.. �see MM�r wE11�wA1�► '� gull �Ilor. wa! +�� •` ww aws VOA asr q 40mmewAmm �alr rpglMlln way artie � mr aw es. l' fi 4� Q, A � I JT- marking your ballot Carefully,read and follow all instructions printed on your ballot. The instructions will say whether you should use a pen or pencil to mark your ballot. To vote,.completely fill in the,oval next to your choice. To`write-in a candidate: 4 Clearly print his or her name on the dotted line provided onthe,ballot 3 Fill in the"oval,next.to the name you wrote-in You must do both for your vote to be countedl Check yourballatD, If you vote for chore candidates than allowed, V449 or if you vote,both Yes and No on a measure, it is called an overvote. i Your vote will not count#or that candidate or measure. You do not have to vote'on,all contests. Those you do vote on will still count. NO getting a replacement ballot Contact your County elections Office or call 1 866 ORE VOTES to request a replacement ballot if: you make a mistake 4'your ballot is damaged or spoiled 4 you lose your ballot or for any other reason. I General Inf 4 rmation ; Vote-byMal important: .: What is Vote-by�mail? if your ballot is lost,destroyed,damaged or you make a'mistake Vote-by-mail is a method of conducting elections.Instead of in marking your ballot,you may call your county elections office using traditional polling places where voters go to cast ballots ' and request a replacement ballot.One will be mailed to you as on election day,a baHot.is automatically mailed to each Tong as you request it by October 28.After that,you may pick it registered voter.The ballot Is then voted'and returned to the up at the elections office.If you have already mailed your origi county elections official to be counted, nal ballot before you realize you made,a mistake,you have cast As a voter,what do I do? your vote and will not be eligible for a replacement ballot. Your ballot packet will automatically be mailed to you-between Your voted ballot must be returned to your courdy elections October 15 and October 19,2004.Inside the packet you will find office by&00 p.m.election day,Tuesday,Novembilr2,2004. the ballot,a secrecy envelope and a return envelope.Once you Postmarks do not count[ vote the ballot,place it In the secrecy envelope and seal it in the pre-addressed return envelope.Be_sure you sign the return County elections offices are open on election day irtlm . envelope on the appropriate line.After that just return the ballot 7:00 a.m.to 8:00 p.m. either by mail or at a designated drop site. . What N I am uncomfortable voting my bailot;at home? Voter Information Privacy booths are available for you to cast your ballot.There are privacy booths at your county elections office and there may For questions about voter registration,ballot delivery and return, be others at drop site locations elsewhere in your county.For marking the ballot,requesting a replacement besot,absentee further information,cal your county elections official ballots,signature requirements,the voters'psmphtfft when and' What If my balksk d9esn't Dome? where to vote,and other questions about elections and voting, If you are registered to vote and have riot,received your ballot call the toll-free voter information fine at 1-866�ORE-VOTES within a week after they are mailed,call yur county elections' (1-866-673-8683). office.They will check that your voter,registration is current. If it Voter,information line representatives can provide.services in is,they will mail you a replacement ballot. bath English and Spanish.TTY services for the hearing impaired What if I have moved and have not updated my registr6till are also available at 1-866=850-0596. :. If you were registered to vote by October 12 but now have a different address,call your county elections officefor instruc- tions on how to update your registration and receive a ballot: Do I havelo,return my ballot by mall? You have the choice.of mailing your ballot or returning Itto any county elections office or any designated drop site in the state.' ' The times and locations of drop sites are available at your county elections office.. How much p _(s required to mail the ballot back? Your voted ballot can usas:be returned using a single 374; stamp,In those instances where additions(postage is neces- sary,it will be clearly indicated on the ballot materials. When must the voted ballot be returned? The voted ballot must be received in any county elections office or designated drop site.by 8:00 p.m.on election night: Postmarks do not oountl How do I'know If my bal is received? You can call your county etections`office and ask if they received your ballot.A record Is kept showing each voter whose ballot has been returned. Can anyone find out how I've voted once I mail my ballot? No.All ballots are separated from the return envelope before the ballots are inspected.This process ensures confidentiality. What if 1 forget to sign the return envelope?; Generally,your•elections office will either Mum it to you for signing or,they will contact you,if possible,to come to the elections office to sign it.If the return envelope does-not get signed before B:00 p.m.on November.2,the ballot will not be counted. Can the public watch the election process? All steps of the process are open to observation by the public. Contact your county elections official to snake arrangements. When will election results be known? Ballot counting cannot begin until election day.Initial results" are released at 8:00 p.m.election night and will continue to be updated through election night until all ballots have.been counted. Visit http://egov.sos.state.or.ustresults for online election night results for state measures and candidates:: 34 00lneral Ilnfo>ron 41 i; Index of Gandida#e Name Page Badnarik,Michael l.. g Bradbury,Bill 14 Brown,Jr.,Jack Alan ................................................ 12 Bro"low,David. ... 9 Burley,Chuck 24 Bush,George'W ..... ... 6 Carroll,Ross..... ........: ......... ........: .................• 21 Caton,Jeff ..................... ......... .. ....:........................ 16 Close,Betsy L.................................................... ,. 14 Cobb,David...................................... 7 Connolly,Paul.. 18 Dallum,John H. ... ....,.L..................................... 26 Edwards,John ......... .........• g Edwards,Randall ... .. 16 Ferrioli,Ted. .... .. ..................................... 22 Gilman an,George. .. ........................................ 25 l Keane,Teresa... ... 10 ........ Kerry,John F. ... ......... ......... ......•.. ................: 8 King, ................................................... ... 11 LaMarche Patricla ...: ....................... 7 Lorts,aa�k F. ................................. 26 Loyd,Don............................................................................. 20 McColgan,John C ......... ......... ......... .................. 12 Morley,Richard.. Myers,Hardy ................................. ......" ................. 18 Ortega,Darteen.. ..................:............................................ 27 Peroutka,Michael Anthony 9 Reisfar,Tristan .................... 24 Shults,Mitch: ..................... ....... 47 Smith,Jr.,Donald G. ...............I.... Sti egler;Judy;.... ......... 25 Walden,Greg 13 „ Westlund Ben. .. 20 Whisnant,Gene ... .. .... 22 Whitsett,Doug 2i ,. Winegarden,Carole D......................................................... 17 Wyden,Ron ....... ......... 1 35 General1hformation z SECRETARY OF STATE N"ROFrr CAR-RTWW L', Bill Bradbury U.S; State Capitol PAID Salem,Oregon 97310-0722 it RafMu'td,OR Fermi-No.,815 �l RESIDENTIAL CUSTOMER let , u �. Pesch-utes. �. Oregon Vote.by Mail General Election' November 2004 Please RECYCLE this pamphlet with Your never