Oregon Legislative Branch History

Transcription

1 February 14, 2009

2 Compiled and Produced by Legislative Staff: Committee Chair Ian Tolleson and committee members Sandy Allen, Cathy Ferguson, Patricia Nielsen, & Obie Rutledge Published by Legislative Administration Committee State Capitol Salem, Oregon

3 Table of Contents Page Part I Introduction 3 Part II Statehood.. 5 Part III Legislative Functions.. 11 Part IV Legislation.. 20 Part V Capitol Building Part VI Conclusion.. 34 Part VII References

4 Part I INTRODUCTION Oregon State Seal on the Rotunda floor in Capitol 3

5 Introduction In an effort to get the citizens of Oregon better familiarized with their legislative branch of government, legislative staff has put together this brief history of the Oregon Legislature. On February 14, 2009 the State of Oregon turned 150 years old. To help commemorate Oregon s sesquicentennial this document has been produced. The four areas that staff have deemed most important are: statehood, legislative functions, legislation, and finally the Capitol itself. Our hope in producing this history is to create a brief historical narrative of the Legislature. Since the complete history of Oregon is outside the scope of this project, we want to give readers a fascinating, yet accurate history of the Legislature. Since this is a brief historical look at the Oregon Legislature, people may find certain aspects of interest. Legislative staff hopes this ignites a spark in the reader to do additional research on their own. The history of the Legislature, and for that matter all of Oregon, is a long and compelling story. Each person will find an aspect of Oregon history that speaks to them. Hopefully, this legislative history will be the mechanism that triggers interests in the citizens of Oregon to further participate in the legislative process. 4

6 Part II STATEHOOD Mural in Senate Chamber depicting the scene when news of Oregon s entry into the United States was announced in Salem 5

7 Provisional Legislature The first attempt to establish a civil government in Oregon was made in 1841, when American settlers met to determine how to settle the estate of wealthy entrepreneur Ewing Young. To address this problem the people of the Willamette Valley decided they needed a probate court. The first of several meetings was held on February 7, 1841, just prior to Young's death two days later, to determine what would be done with his large estate that was left without a will or heir. Dr. Ira L. Babcock was appointed Supreme Judge, and an executive committee and a committee to draft a code of laws were formed. The settlers success with the probate court gave some individuals ideas of self governance. This attempt to establish a government failed due to pressure from British interests and cautions from Lieutenant Charles Wilkes, of the United States Exploration Expedition, who warned that the attempt was premature. Self-government in Oregon would have to wait. Thus, on the south bank of the Willamette River halfway between Oregon City and Salem, a small community of Americans first tried to create a government that reflected the will of the people. At this site was the small town of Champoeg. Two years later, a issue emerged that once again demanded the cooperation of the people of the Willamette Valley. Wolves began to be a nuisance to the settlers in the valley. In 1842 there were two wolf meetings created to, "...discuss the need to protect the countryside from wolves and other vermin 'worse than wild animals,' [the former] a thinly veiled reference to the British." ( A sense of community created since Ewing Young s probate court and an influx of settlers fresh from the Oregon Trail changed the purpose of these meetings from probate courts and wolves to selfgovernance. The people from the valley formed a provisional government at the public meetings held at Champoeg in May and July On May 2, 1843 a total of 102 people voted to create a new government in forming a ninemember legislative committee to draft a code of laws for the provisional government. On May 16, the committee created subcommittees for Ways and Means, Military Affairs, Private Land Claims, and for the Division of Counties. The committee also established operating rules. 6

8 The Organic Act ratified at the public meeting of July 5, 1843 was based on the Iowa State Law Code and also included a bill of rights and a land law. It established a unicameral (one-chamber) Legislature which consisted of nine elected members apportioned to the counties by population. The Legislature, known as the Legislative Committee, was required to meet twice a year, in June and in December. The Legislative Committee created four counties, instituted a voluntary method for government funding, established a judicial system, set up a militia, and designated the method for claiming land. The first provisional legislative session was held in Oregon City during June A Subcommittee on Roads was added to the existing standing subcommittees. The House next met for a special session in December The second regular session of the Legislative Committee was held in June The number of legislators had been increased from 9 to 12. Three new standing subcommittees were created at this session: Claims, Elections, and Indian affairs. The Organic Act of 1845 defined the legislative branch, and renamed it the House of Representatives. The House was to consist of at least 13 members and no more than 61 members. Members were popularly elected and vacancies were filled by special election. The House was given the power to impeach all civil officers by a three-fourths majority vote. The Legislature had the power to create counties, apportion legislators, levy taxes, require licenses, regulate White-Indian trade, establish post offices, declare war, organize and call out the militia, regulate liquor manufacture and sales, regulate currency, regulate the internal police, create lower courts, and pass laws for the general welfare. The House was required to meet on the first Tuesday in December. From 1845 until 1848, the number of legislators increased from 13 to 20. In the 1848 session, 23 members were apportioned, but only nine met; the rest were digging gold in California. New members were appointed and 18 members convened the session on December 5, Territorial Legislature The Act of Congress of August 14, 1848, which created the Oregon Territory, significantly revised the legislative branch of government. The territorial Legislature, known as the Legislative Assembly, was made a bicameral (twochamber) body. It consisted of a nine-member Council and an eighteen-member House of Representatives. The House could be increased in size, but could not exceed 30 members. Legislators were elected by the people and vacancies were filled by special election. Legislative sessions were limited to 60 days. The Legislative Assembly was prohibited from passing laws interfering with land claims or taxing non-residents at a higher rate than residents. The Legislative 7

9 Assembly was also prohibited from incorporating banks and financial institutions and from acquiring debts in the name of the Territory. Laws passed by the Legislative Assembly were to deal with one subject only, named in the title, and had to be approved by Congress. Without both of these conditions, laws passed were considered null and void. The Act of Congress affirmed all laws passed by the provisional House of Representatives, which were not in conflict with its provisions, and required the Legislative Assembly to locate the territorial capital at its first session. The first session of the territorial Legislative Assembly convened in Oregon City in July A special session was held in May 1850 to set times for convening regular legislative sessions, and the first Monday in December was chosen. The second regular session convened December 2, The Legislative Assembly passed legislation making Salem the territorial capital. This law became the central issue in a political controversy over where to seat the capital city. Two Supreme Court justices refused to recognize the legality of the act relocating the capital and held a December 1851 Supreme Court session in Oregon City. One Supreme Court justice and the Legislative Assembly convened December 1851 sessions in Salem. It wasn't until May 1852, when Congress legalized the capital's move to Salem, that the territorial government functioned normally. Governor John P. Gaines called a special session of the Legislative Assembly in July To spite the Whig Governor, the Democratic Legislature convened on July 26 and adjourned on July 29, refusing to conclude any business. The 1852 regular session convened December 6 and passed legislation creating new counties north of the Columbia River, transferring the right to grant divorces from the Legislative Assembly to the court system, and chartering Willamette University. The sixth regular session convened December 4, On January 13, 1855, the session passed legislation making Corvallis the territorial capital. The seventh session was held in Corvallis. The territorial governor and treasurer remained in Salem after the United States Treasury Department ruled the move illegal. The Legislature convened in Corvallis on December 3. It passed only one act moving the capitol back to Salem before it adjourned. The Legislative 8

10 Assembly reconvened in Salem on December 18. On December 30, the newlybuilt Capitol building burned. The session was concluded in the Rector Building in downtown Salem. The Oregon Constitutional Convention was held in Salem from August 17 to September 18, After some dissension over slavery, free blacks, education, and state boundaries, the Oregon Constitution was put to a vote of the people on November 9, It was approved by a vote of 7,195 to 3,215 opposed. Elections were held in June, 1858 to choose legislators in compliance with the newly ratified constitution. Two full sets of legislators were elected, one territorial and the other state. The Legislative Assembly met according to the constitution on July 5, 1858 to choose United States senators and to inaugurate the state governor, secretary of state, and treasurer. Congress delayed acting on Oregon's statehood, so no state legislative session was held in The territorial Legislative Assembly convened on December 6, 1858 and adjourned January 22, 1859 without accomplishing much. Oregon became a state on February 14, 1859 and the state's first legislative session, a special session, was held in May Governor James Whitaker summoned the legislators after news arrived that Oregon had received its statehood on February 12, In addition to other business of this special session, the legislature formally approved the Act for Admission of Oregon into the Union of the United States. State Legislature At the first special session of the Legislative Assembly held after statehood, laws were passed to organize the state government. The first regular session was convened on September 10, 1860, and the Legislative Assembly continued to meet on the second Monday in September until Because fall sessions were an inconvenience to farmerlegislators, the sessions were moved to the winter. Since 1885 the Legislative Assembly has convened in Salem on the second Monday in January of odd-numbered years. The governor has called the Legislative Assembly into special session a number of times throughout the years, and although a constitutional amendment in 1976 gave the Legislative Assembly power to call itself into special session, that option was not used until

11 Throughout the 19 th and early 20 th centuries, legislative sessions averaged forty days in length. Beginning in the 1920 s the length of sessions has gradually increased; since the 1980 s the average session length has been six months. The Legislative Assembly consists of two houses, the House of Representatives and the Senate. Senators are elected to four-year terms, half of which are filled every other year. Representatives are elected to two-year terms. Senators and representatives are elected from districts with an average population in 2000 of 57,000 for House districts and 114,000 for Senate districts. The first Legislative Assembly consisted of 16 senators and 34 representatives. However, due to population increases, as early as 1872 each house had reached its constitutional limit of 30 senators and 60 representatives. The Legislative Assembly has met biennially since 1860 with the exception of the 1897 session, which never was held. A power struggle between factions of the Republican Party became intertwined with progressive legislation and the election of a United States senator. Political maneuvering, led by Representative William S. U'Ren, prevented the Legislative Assembly from organizing. This precluded the passage of legislation and the election of a senator that biennium. Because the Legislative Assembly meets biennially, the need arises at times to deal with emergencies, especially financial emergencies that occur when the Legislative Assembly is not in session. In order to deal with fiscal matters without calling a special session, the Emergency Board was created in The Emergency Board authorizes the allocation and expenditure of funds by Agencies, beyond originally appropriated amounts, from an emergency fund. The panel also funds new activities and revises agency budgets. 10

12 Part III LEGISLATIVE FUNCTIONS Mural in House Chamber depicting the scene when Joe Meek persuaded two French Canadian trappers to vote for a provisional government under the American flag 11

13 Legislative Functions The primary functions of the Oregon Legislative Assembly are to enact new laws and revise existing ones relating to the health, education and general welfare of Oregonians, and to make decisions that keep the state in good economic and environmental condition. An informal, but highly significant function is to provide a forum for resolution of group conflicts and expressions of public grievances. This public/legislative interaction frequently occurs without enactment of any new laws. The Legislative Assembly also reviews administrative rules drafted by state agencies and the Senate confirms certain executive appointments made by the governor. The Legislative Assembly derives most of its power, however, from its responsibility to administer the state's budget, and from its taxation and appropriation powers. The Assembly, often referred to as state government s board of directors, is responsible for a biennial budget in excess of $48 billion. The power to allocate state monies gives the Legislature influence over the executive branch. In deciding where and how much money the state will spend on its agencies and programs, the Legislature establishes priorities and sets public policies. The most powerful committee in the Legislative Assembly is the Joint Ways and Means Committee, which holds concentrated financial power. Comprised of members from both the Senate and House, the Ways and Means Committee controls the budget process by reviewing all legislation to determine how best to use state revenue while maintaining a constitutionally mandated balanced budget. Legislative Committees To carry out its responsibilities, the Legislative Assembly has a well-organized committee system that dominates the legislative process by considering and revising bills and other measures. Most of the work of formulating legislation and setting public policy is done in committees. In the 1971 Legislative Assembly, for example, only 2 percent of all bills favorably recommended by a committee failed to receive enough votes on the floor. The Oregon Legislative Assembly has been described as a committee-oriented legislature with powerful, virtually autonomous committees. But significant power is retained by the presiding officers in each house, the President of the Senate and the Speaker of the House. The President and Speaker wield considerable power over committees because they determine committees, appoint committee members and chairpersons, decide which bills go to which committees, guide debate on the floor, and appoint conference committees to work out House-Senate compromises when necessary. The President and 12

14 Speaker are assisted by pro tem leaders, and party affairs are managed by majority and minority leaders in both houses. The number of committees and the subjects with which they deal has varied over the years in response to changes in state priorities and politics, the expansion of government functions, and the growth of Oregon's population and citizens needs. Other Legislative Committees: Standing committees function while the Legislative Assembly is in session to consider legislation which has been referred to a committee according to subject matter. The committee holds meetings and public hearings, debates and revises measures, and makes recommendations to the full chambers. Task forces are special legislative groups formed for a limited period to study one particular problem or topic. Interim committees are created jointly by both houses and serve between sessions. They hold public meetings, study certain areas that may require legislative solutions, prepare reports, and make recommendations to the next Legislative Assembly. Statutory committees, created by law, function during both the regular sessions and interim periods. The primary function of these committees, which are created by statute, is to study proposals for legislation and to provide continuity for the Legislature from session to session. The most powerful statutory committee is the Emergency Board. The Legislative Assembly may also create special committees for single, specified purposes, conference committees to resolve differences between the two houses on legislative matters, and the rarely used Committee of the Whole whereby a full chamber will consider measures. Legislative Offices Legislative Counsel The Office of Legislative Counsel was established in 1953 primarily to furnish legal services to members of the Legislative Assembly and its committees. Prior to then, volunteers in private law practice provided legal services to the Legislative Assembly. At the creation of the office, statutes set out the requirements for the professional nature and impartiality of the services to be provided. The laws specify the confidential nature of the legal work performed 13

15 and prohibits the Legislative Counsel and staff members from opposing, urging or otherwise attempting to influence legislation. Overseen by the Legislative Counsel Committee, this office provides legal and publication services to the Legislative Assembly and its members and other agencies of state government. The office drafts measures and amendments for legislators, legislative committees and state agencies; provides legal advice to legislators and legislative committees; reviews state agency rules for legal sufficiency; prepares indexes and tables for legislative publications; edits, publishes, sells and distributes the Oregon Revised Statutes, the official bound laws passed each session and other print and electronic publications. Legislative Counsel website: Legislative Fiscal Office (LFO) The Legislative Fiscal Office was created in 1959 as a permanent, nonpartisan agency to serve legislators and legislative committees on matters related to the state s fiscal affairs. It provides research, analysis, evaluation, and recommendations concerning state expenditures, budget issues, agency organization, and program administration. During a session, the Legislative Fiscal Office staffs the Joint Committee on Ways and Means and provides fiscal impact assessment of proposed legislation to policy committees. During the interim, the office staffs the Emergency Board, the Joint Legislative Committee on Information Management and Technology and the Joint Legislative Audits Committee. Legislative Fiscal website: Legislative Administration Committee (LAC) The Legislative Administration Committee was established in 1969 to provide services to the Legislative Assembly, its support staff, and the public. The committee is composed of the President of the Senate, the Speaker of the House of Representatives, three senators appointed by the President, and four representatives appointed by the Speaker. The committee appoints an administrator to serve as its executive officer. The administrator s office coordinates and oversees the operation of the following administrative units: Committee Services, to support the Legislative Assembly by providing professional services to legislative committees, legislators, legislative offices and staff, government agencies, and the public. Staff responsibilities include administration of standing, session, and interim committees; research projects; 14

16 public notification; measure analyses; and session staff coordination and training. Committee Services also includes Committee Records, responsible for maintaining minutes, exhibits, and audio tapes of all legislative committee proceedings from the current session or interim; and, the Legislative Library and Public Access Room, which provides information services to members, staff, government agencies, other legislatures, and to the public. The library contains more than 1,000 catalogued documents on legislative issues; 20 periodicals and newspaper subscriptions; measure analyses from recent sessions and interims, as well as legislative calendars, journals, and laws from past sessions including Oregon laws dating back to the 1800s. Employee Services provides human resource administration to all legislative employees and legislative job seekers. Facility Services is responsible for operations within the State Capitol, oversight of security and food service, Capitol room reservations, risk management, and historic preservation. Services are provided through two sections: Legislative Purchasing and Supply Services, which serves as the Legislature s central mail and distribution office as well as issuing office supplies to legislative staff; and, Operations and Maintenance which provides custodial and recycling services, building maintenance, heating/cooling plant operations, office furniture, and equipment. Financial Services provides budgeting, accounting and financial reporting services for the Legislative Assembly, the legislative administration, and the Legislative Commission on Indian Services. Accounting services are provided for the Legislative Fiscal and Revenue offices. Information Systems develops and maintains the legislature s computer infrastructure and provides a full range of information technology services to all legislative offices and employees. Services include: Centralized help desk for all technology support requests, consulting and technical assistance with supported computer software and hardware, development of new software application systems, administration of legislative information technology infrastructure and Web sites and information technology purchasing. Legislative Media provides video and audio services for all legislative offices and televises legislative hearings, floor sessions, press conferences and special events occurring in the Capitol. Visitor Services provides guided tours and video presentations on the legislative process and Capitol history. The unit provides a wide range of information to the public. It also operates the Capitol Gift Shop, which markets Oregon products, crafts and art. Legislative Administration website: 15

17 Legislative Revenue Office (LRO) The Legislative Revenue Office (LRO) was established in 1975 as a permanent nonpartisan agency to provide research and analysis on tax policy, school finance and other revenue issues for legislators, legislative committees and legislative staff. The office consists of six permanent positions with three additional positions during legislative sessions. Legislative Revenue website: Commission on Indian Services The Legislative Commission on Indian Services was created by statute in 1975 to advise the Legislative Assembly and other Oregon officials and agencies on the needs of American Indian people in the state. The 13 members of the Commission are appointed to two-year, staggered terms of office. The appointments are made jointly by the Speaker of the House of Representatives and the President of the Senate and are based on nominations submitted by American Indian tribes and communities in designated areas of the state. All nine of the federally recognized tribes in Oregon have a representative on the commission. These tribes are the Burns Paiute Tribe, the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians, the Confederated Tribes of Grand Ronde Community, the Confederated Tribes of Siletz, the Confederated Tribes of Umatilla Indian Reservation, the Confederated Tribes of Warm Springs, the Cow Creek Band of Umpqua Indians, the Klamath Tribes, and the Coquille Tribe. Two geographic areas are also represented on the Commission. These are the Portland urban area and the Willamette Valley area. Two legislative members, a senator and a representative, are also on the commission. Specific statutory responsibilities of the Commission include: 1) Compiling information about services for Indians; 2) Developing and sponsoring programs to inform Indians of services available to them; 3) Developing and sponsoring programs to make Indian needs and concerns known to the public and private agencies whose activities affect Indians; 4) Encouraging and supporting these public and private agencies to expand and improve their services for Indians; 5) Assessing programs of state agencies operating for the benefit of Indians and making recommendations to the appropriate agencies for improving those programs; 6) Reporting biennially to the Governor and the Legislative Assembly on all matters of concern to Indians in Oregon. The commission holds meetings to familiarize its members with current problems American Indians are facing and to discuss possible solutions. Often 16

18 the commission invites representatives of state or federal agencies to discuss their programs as they affect the Indian population in the state. The commission also monitors legislation affecting Indians, both while it is being considered by the Legislature and after it becomes law, and assists in presenting information to the Legislature on issues of importance to American Indians in Oregon. The Legislative Commission on Indian Services embodies the State of Oregon's commitment to recognize the existence of Oregon's Indian communities and their needs. Prior to its establishment, there was no suitable mechanism in state government to consider Indian needs and concerns directly. With the establishment of the commission, this significant barrier has been eliminated. The commission serves as the primary forum in which Indian needs are considered; it serves as the conduit by which concerns are channeled through the appropriate network; it serves as the point of access for finding out about state government programs and policies; and, it serves as a catalyst for bringing about change where it is needed. Commission on Indian Services website: Secretary of the Senate & Chief Clerk of the House of Representatives Each body of the Assembly elects a non-partisan officer who is not a legislator to manage internal operations. The Chief Clerk of the House is elected by 60 representatives, and the Secretary of the Senate is elected by the 30 senators. The officers provide parliamentary assistance, maintain legislative records and measures and supervise the personnel managing the Legislature s paper flow. The Clerk and Secretary supervise and authenticate the revision and printing of their respective Status Reports for Legislative Measures and Journals at the end of a legislative session. They also prepare all legislative records that are to be permanently filed in the State Archives, which was established in The profession of clerk can be traced as far back as the Oregon s pre-provisional government in There has always been a great importance placed on the task of documenting the history of Oregon government. The Oregon Constitution requires that journals be maintained for each chamber and it also allows for the clerk and/or secretary to be elected as an officer of the respective body. The longest serving chief clerk of the Senate, the original title for that job, was Zelpha Zell Burns, who served 10 sessions from The Senate was Republican controlled during these years and went from 24-6 Republican control to a split in In 1959, the Senate switched to Democratic control by a count and a new chief clerk was elected. John P. Hunt, who 17

19 was the second longest-serving clerk, had served for 9 sessions ( ) and died while in office during the 1937 session. Hunt s son was Winton J. Hunt, who served as Chief Clerk of the House from 1965 to 1981 except for the 1973 legislative session. Beginning with the 1963 session, the title of Chief Clerk of the Senate was changed to Secretary of the Senate and continues to be so called. Judy Hall, the current Secretary of Senate, is in her eighth term in 2009, making her the third longest-serving secretary in the Oregon Senate. N. H. Huber was the first to serve as (Territorial) Clerk in 1846, shortly after the Organic Act of 1845 defined the legislative branch and renamed it the House of Representatives. Huber served only one year. An Act of Congress on August 14, 1848, created The Oregon Territory and significantly revised the legislative branch. The Legislative Assembly was made a bicameral body. William G. T Vault was Chief Clerk at that time. Since Oregon s admission to the union in 1859, W. F. Drager is the only clerk to have served longer than Ramona Kenady, current Chief Clerk of the House. Secretary of the Senate website: Chief Clerk of the House of Representatives website: Caucus Offices The House and Senate majority and minority parties of each body choose leaders to help manage party affairs. The House and Senate majority and minority leaders have year round staff to provide constituent relations, public information and general operational services for each caucus. Caucus offices provide many services to their members. The operations of the four offices are not identical, but typical services include conducting research; writing speeches and press releases, and providing other public information services; serving as liaison to state and federal agencies to help solve constituent problems; organizing caucus activities; and circulating information about legislative business among caucus members during both session and interim periods. Both major party caucuses have meeting rooms in the Capitol. Additional groups of people who share something in common, such as legislators from the same area of the state, such as the ad hoc Coastal Caucus or the Eastern Oregon Caucus meet to discuss policy questions, etc. 18

20 Senate Majority Office: Senate Republican Office: House Majority Office: House Republican Office 19

21 Part IV LEGISLATION Senate Chamber in Current Capitol 20

22 Financial Legislation The progressive tradition of direct legislation by the people and the state's fiscal conservatism are defining characteristics of the Oregon political system. Constitutional requirements, along with voter insistence that tax measures often be referred to them has, meant that the Legislative Assembly must work closely with the electorate to gain support for tax increases. The Legislative Assembly has had to amend the state constitution in order to adequately fund state programs. For example, in the 1930s the construction of a new State Library building required a constitutional amendment. Economic conditions brought on by the Great Depression left little room in the state budget for this building. In 1935 the federally funded Public Works Administration provided funds for a new building, but, because of constitutional limitations, the state was unable to accept this money. The 1939 Legislative Assembly passed legislation enabling the state to accept federal aid, including WPA funds for the present library building on the Capitol Mall. In 1933, 1936, and 1945, extensive areas of the forest in northwest Oregon burned in a series of devastating forest fires which were known as the Tillamook Burn. A constitutional amendment was ratified by voters in 1948 to provide funds to finance the rehabilitation and reforestation of the burned areas. Environmental Legislation One of the most important areas of lawmaking in Oregon, and one that has received considerable national attention, is environmental and natural resource legislation. Oregon has been in the forefront nationally and even internationally in forest management practices. As early as 1911, the Department of Forestry was established to reduce damage from forest fires on private lands. The 1929 Oregon Reforestation Law, the forerunner of other reforestation laws in the 21

23 1940s and 1970s, was considered one of the most progressive forestry laws in the United States. Throughout the 20 th century, forestry laws have been enacted relating to the acquisition of land, fighting and prevention of forest fires, rehabilitation and reforestation of forests damaged by fire and logging, and forest and land management. The Oregon Forest Practices Act of 1971, which replaced a 30 yearold forest conservation act, was the first law of its kind in the United States to allow and regulate forest operations while protecting the forest environment. The act established rules for timber operators and landowners concerning timber harvesting, the use of chemicals, slash disposal, reforestation, road construction and maintenance, and other activities that have an impact on the soil, fish and wildlife, and water in Oregon's forests. Oregon has also been innovative in the area of land use planning. As early as 1899, the beaches in Clatsop County were declared a public highway. In 1913 similar rights of public access to all Oregon beaches was established. A statewide planning program was established in 1973 to protect Oregon's natural resources. To provide for orderly development, a Land Conservation and Development Commission was established. Cities and counties in Oregon were required to adopt comprehensive plans that met mandatory state standards and planning goals. In 1987 all regulation of forest and land use practices were placed within the Forest Practices Act. After World War II, environmental issues continued to dominate political affairs in Oregon and create national interest in legislation to protect the natural environment. The late 1960s and the 1970s were an especially active time for the passage of natural resource legislation. The Scenic Waterways Act of 1970 was designed to protect and enhance the natural, esthetic, scenic, fish and wildlife, scientific, and recreational values of 22

24 segments of designated rivers and ensure that they remain free-flowing without dams or other impoundments. The Oregon Recreation Trails System Act of 1971 required that bicycle and footpath trails be built and maintained wherever a highway, road, or street was constructed or relocated. It also made provisions for trails in urban areas and near scenic areas. Oregon law requires that 1 percent of highway funds be spent on footpaths and bikeways annually. The Advisory Committee on Bicycles was established in 1973 to advise the Highway Division on the regulation of bicycle traffic and the establishment of bicycle lanes and paths. The Willamette River Park System Act of 1967 and the Willamette River Greenway Act of 1973 were enacted to maintain and enhance the scenic, recreational, and historical qualities of land along the Willamette River. Other examples of environmental legislation are the regulation of field burning and the ban on the sale of aerosol sprays in In recent election campaigns, forest management practices, protection of fish and wildlife, and the use of land demonstrated that environmental issues will continue to be important to Oregon politics and the Legislative Assembly. Bottle Bill (Find the text of the Bottle Bill in ORS 459a ) Perhaps the most famous environmental legislation enacted under Governor Tom McCall was House Bill 1036, known as the "Bottle Bill," which was the nation's first mandatory bottle-deposit law and was designed to decrease litter in Oregon. The groundbreaking bill requires a 5 cent refund for malt and carbonated beverage bottles and cans sold in Oregon. The Bottle Bill is enforced by the Oregon Liquor Control Commission (OLCC). Senate Bill 707, signed by the governor on June 7, 2007, expanded Oregon s landmark bottle bill for the first time to include a refundable deposit for all water and flavored water bottles under three liters. The expansion went into effect January 1, In 2005, Oregonians bought nearly 200 million bottles of water, with an estimated 125 million thrown in the trash. For 2007, these numbers are likely substantially higher. Adding water bottles to the refundable deposit program will encourage recycling, help conserve energy, reduce greenhouse gas emissions, and reduce solid waste. How the bottle bill works 23

25 Oregon's bottle bill covers beer, other malt beverages, carbonated mineral waters, carbonated soft drinks and flavored water. It does not cover juice, teas, wine, liquor, dairy, or other non-carbonated drinks or beverages. Some carbonated sports drinks and juices are considered "soft drinks and may be covered. Effects of the bottle bill Litter reduction: As a result of the law, litter has been substantially reduced across Oregon's roadsides and landscape. Before the bottle bill passed, beverage containers made up as much as 40% of roadside litter. By 1973, they were only 10.8%, and by 1979 they were down to 6%. This litter reduction impact has continued to date. Return rates: As impressive as litter reduction has been, the bill s effect on waste reduction and conservation has proven to be its most remarkable feature. During the last 35 years, return rates for beverage containers in Oregon have exceeded 80% and some years have been as high as 94%. Although the estimated return rate for bottle bill-covered containers dropped to 83% for 2005, the rates for other beverage containers are considerably lower, as shown below. The estimated total return rate for all non-deposit beverage containers is only 36%. Recycling and solid waste: Studies of solid waste disposal show that fewer than 20% of the 1.5 billion deposit beverage containers used in Oregon in 2005 were disposed of in landfills, while more than 1 billion were recovered and recycled. The Department of Environmental Quality (DEQ) estimates that Oregonians purchased almost 2 billion beverage containers (deposit and non-deposit, not including paper containers such as juice boxes) in Unredeemed deposits: Even with 80-90% return rates on bottle bill containers, there is still a substantial sum of unredeemed deposits in Oregon. The DEQ estimates that about 250 million beverage containers, with deposits worth more than $12 million, are discarded in Oregon's landfills each year. Another 60 million beer and soft drink containers are recycled through curbside and other recycling programs without being redeemed for their nickel deposits. All of these unredeemed deposits are held by the beverage distributors. State government does not receive any of these funds. 24

26 Bottle Bill Miscellany The minimum refund value, 5 cents, has remained unchanged since the law took effect in Adjusted for inflation, that nickel would now be worth about 25 cents. While redemption centers are allowed under the law, there are none operating in Oregon because the law is not set up to provide them with a source of revenue. Unlike most deposit states, Oregon does not have a handling fee required by law to be paid to stores or redemption centers to cover the cost of returning containers. Money from the deposit/refund system remains entirely in the private sector; unclaimed deposits are retained by the distributor or bottler. Income from sale of recyclable material is retained by the distributor or their contractors who collect containers from stores. There are no government employees whose main job is dedicated to implementation of the bottle bill. There is no tax, fee, or other government income associated with this law. Beach Bill In June, 1967, after months of stalling, the Oregon Legislature passed House Bill 1601, which guarantees public access to the state's beaches and establishes a state easement on all beaches between the low-water mark and the vegetation line. The bill expanded upon an almost-60-year-old law that decreed public ownership of beaches between low- and high-water lines, but still allowed for privatization of the "dry sands" area between the high water line and the vegetation line. In 1966, a coastal motel owner barricaded the beach above the high water line, and the need for further protection was discovered. McCall's bold response set the tone for the rest of his administration. This life-size portrait of McCall, painted by Henk Pander in 1982, was commissioned by the state and is displayed with portraits of other former Oregon governors in the Capitol in Salem. The scene portrays McCall's highly publicized tour of the Oregon coast on May 13, 1967, when he and a team of surveyors and scientists traveled in two helicopters, touching down on beaches along the coast to demonstrate the threat posed to the public's longstanding free 25

27 access to the state's coastline. Media coverage of the event prompted a huge outcry from the public over the Legislature's refusal to approve HB 1601, and within two months, McCall was able to sign the bill into law. (81"x 72-1/2") copyright 2005 Janet Bassett right 2005 Janet Bassett *Are Oregon's beaches all open to the public? From an aerial view, the Oregon Coast is a series of long stretches of sandy beaches interspersed by rugged headlands. These beaches were first protected for public use by Governor Oswald West (in office ). In 1967 Governor Tom McCall (in office ) assisted in the passage of the Oregon Beach Bill to maintain West s vision in keeping Oregon s beaches open to the public. The Oregon Beach Bill says that all land within 16 vertical feet of the average low tide mark belongs to the people of Oregon and guarantees that the public has free and uninterrupted use of the beaches along Oregon s 363 miles of coastline. A state easement exists up to the line of vegetation. Only one other state, Hawaii, guarantees public access from the surf line to the vegetation line. The Beach Bill also directed that the ocean shore be administered as a state recreation area. The Oregon Parks and Recreation Department is charged with the protection and preservation of the recreation, scenic, and natural resource values found on Oregon's ocean shore. For more information on the Oregon Coast, visit: Under the Beach Bill enacted in 1967, the public has free and uninterrupted use of the beaches along Oregon s 362 mile-long coastline. The Beach Bill also directed that the ocean shore be administered as a state recreation area. The Oregon Parks and Recreation Department is charged with the protection and preservation of the recreation, scenic, and natural resource values found on Oregon s ocean shore. Beach Bill: The Initiative Process The initiative system provides a means by which a petition signed by a certain minimum number of registered voters can force a public vote on a proposed statute or constitutional amendment. It is a form of direct democracy which bypasses the Legislature. In 1902, Oregon became the second U.S. state, after South Dakota, to create a statewide initiative system. Oregon s constitution originally provided that the Legislature would meet to elect the U.S. senators representing Oregon. Consequently, the election of U.S. Senators was a looming issue in nearly every legislative session. In the 1880s and 1890s, another important political issue was whether the currency of the 26

28 United States should be backed by gold or by silver. The Oregon Republican party was deeply divided over this issue. A senator was to be elected during the 1897 legislative session. The incumbent, John Mitchell supported the silver standard. However, his support waned and he endorsed the gold standard after the national Republican party added gold as a plank in its platform. State Rep. William S. U Ren offered to support Mitchell if Mitchell would support U Ren s Initiative and Referendum amendment. Mitchell initially supported the initiative amendment, but later withdrew his support. U Ren then joined Rep. Jonathan Bourne and Rep. Joseph Simon to oppose Mitchell s reelection to the U.S. Senate. U Ren s allies on the Committee on Credentials refused to report to the House, which prevented the convening of the 1897 legislative session. In exchange, Rep. Bourne and Rep. Simon joined U Ren in supporting the passage of the initiative and referendum amendment. The Non-Partisan Direct Legislation League was the power behind the drive for the initiative and referendum amendment. The amendment passed in both the 1899 and 1901 sessions, as required by the constitution. The amendment was referred to the voters in the June 1902 election and passed overwhelmingly, giving direct legislative power to the voters. The initiative and referendum vote in 1902 amended the Oregon state constitution for the first time since The idea behind giving legislative power to the voters was to reform state government and to break the power of special interests. Oregon s process of initiative and referendum became known as the Oregon System. In the first 20 years, 94 constitutional amendments were proposed by initiative, and 63 passed. In 1909, there was even a proposal to abolish the Legislature entirely. The Oregon System was the creative response to a mix of ideologies and discontents. It broke the power of many special interests and old political coalitions. It became a model for the rest of the country and was emulated in dozens of states and cities drawing inspiration from the power of a determined citizenry. Landmark Initiatives Measure 13 established public recall of public officials Measure banning construction of new nuclear power plants Measure 7 added almost 500 miles of protected waterways to the Oregon Scenic Waterways System Measure 5 limited property taxes for schools and government operations Measure 9 required the use of safety belts Measure 3 established term limits for state and federal elected positions 27

29 Measure 11 established mandatory minimum prison sentences for certain crimes Measure 16 legalized doctor-assisted suicide Measure 25 required three-fifths majority in the legislature to pass revenue-increasing bills Measure 60 required vote-by-mail in the biennial primary and general elections Measure 67 legalized medical use of marijuana Measure 86 mandated tax rebates kicker in the state constitution Measure 36 defined marriage as between one man and one woman Measure 37 required governments to pay property owners if laws precluded economically viable or owner-beneficial uses Measure 49 modified 2004 Measure 37, altering land-use regulations Landmark Legislative Bills by Subject 3-Way Bill (Insurance) - HB 1001, 1965 Aerosol Spray Ban - SB 771, 1975 Beach Bill - HB 1601, 1967 Bottle Bill - HB 1036, 1971 Criminal Code - SB 40, 1971 Criminal Procedure Code - SB 80, 1973 Educational Act for the 21st Century - HB 3565, 1991 Field Burning - SB 311, 1975 Hazardous Waste Cleanup - SB 122, 1987 Health Care - SB 27, 1989; SB 44, 1991; and SB 286, 1993 Land Use - SB 100, 1973 Motor Vehicle Code - SB 1, 1975 Oregon Recreation Trails System Act - SB 126, 1971 Oregon Rules of Civil Procedure - HB 3131, 1979 Parental Leave - SB 518, 1989 Probate Code - SB 506, 1969 Tort Reform - SB 323, 1987 Whistleblower Law - SB 1051, 1989 Willamette River Greenway Act - HB 2497, 1973 Willamette River Park System - HB 1770, 1967 Workers Compensation - SB 1197, 1990 S.S. ry.html 28

30 Part V CAPITOL BUILDING Front view of Oregon State Capitol 29

31 Capitol Controversy When the Oregon country became a territory of the United States in 1848, a disagreement soon divided the territory as to which city would become the capitol. Two prominent Oregonians, J.W. Nesmith and Asahel Bush, took up the cause to move the capitol to Salem. The group in opposition, lead by Governor John Pollard Gaines, included District Attorney Holbrook and the Oregon Supreme Court, except for Justice Orville C. Pratt. Nesmith introduced a bill in the Legislature that would move the capitol from Oregon City to Salem, but Governor Gaines characterized the bill as illegal. Gaines and the rest of the opposition were appointees from Washington, D.C. The legislators were quickly offended that this outsider opposed the bill so vehemently. Or, as Robert Ormond Case put it, "The Capitol question was immediately overshadowed by a more burning issue: who was this Governor John P. Gainesthis Whig, this Federalist-who dared to interfere with the legislative processes of the sovereign Territory of Oregon?" (The Empire Builders, 248) The Legislature not only passed the bill but agreed to convene in Salem for the next session. The Oregon Supreme Court ruled that the statute to move the capitol was void. Undeterred, the Legislature convened in Salem in the fall of Since the Legislature convened despite the court s decision, Gaines asked his friend, U.S. Attorney General John J. Crittenden, for an opinion. As Gaines was awaiting Crittenden's decision, an interesting situation developed. Four members of the House and one member of the upper chamber Council, all of whom sided with Governor Gaines, met in Oregon City and began proceedings there while their colleagues convened in Salem. Gaines allowed this charade to continue for two weeks before he stopped the spectacle. In the meantime, the Legislature asked Congress to ratify an act that would move the capitol to Salem. U.S. Attorney General Crittenden ruled in favor of Governor Gaines, the Capitol would remain in Oregon City. However, the legislators had a friend in Congress, Joseph Lane. Lane introduced the resolution making Salem the seat of government in Oregon, and it passed! This, however, was not the end of the capitol Controversy. 30

32 Three years later, a second attempt to move the capitol began. In 1855, the Oregon Territorial Legislature passed a bill moving the capitol from Salem to Corvallis. Since public buildings were already being constructed in Salem, Territorial Governor George Curry as well as many others objected. Governor Curry asked the U.S. Secretary of the Treasury, James Guthrie, to weigh in. Guthrie ruled the move invalid because only an act of Congress could move the capitol. On December 3, 1855 the Legislature convened in Corvallis long enough to introduce a bill that moved the capitol back to Salem. On December 15, 1855 the bill passed and the Legislature reconvened in Salem on the 18th. Then, suddenly, on the 29th the Capitol Building in Salem burned down. With the Capitol destroyed by fire, debate was re-opened over where the location of a new Capitol would be located. The Legislature decided to allow the people of the territory to vote for their new seat of government. An election was held in June The two cities that received the most votes would have a runoff to decide which city would have the honor of being Oregon's capitol. The first vote put the cities of Eugene and Corvallis in the run off. However, Corvallis was disqualified because some ballots were not cast in accordance with the law. Thus the runoff vote was between Eugene and Salem. The vote was held in October 1856, and Eugene won. Due to low voter turnout the results were ignored and the capitol remained in Salem. In 1862 another vote was held to decide where the capitol of Oregon would be located. This vote was nullified because no city received the required 50% minimum vote. The final vote to decide where the capitol would be seated was held in In this last election, Salem received 79% of the vote and was declared the seat of Oregon government. 31

33 Restoration Project On December 30, 1855, fire swept through a newly occupied Statehouse, completely destroying the structure. The Holman Building, in the business section of Salem, served as a temporary Capitol from 1859 until another one was completed in On April 25, 1935 fire again destroyed the elegant Statehouse that was patterned after the U.S. Capitol. Francis Keally, with the New York firm of Trowbridge & Livingston designed the current building, which was dedicated October 1, A four-story structure of Modern Greek architecture, it was completed at a cost of $2.5 million and is the fourth-newest Capitol in the United States. The exterior is faced with white Danby Vermont marble. The rotunda, the halls, and all of the lobby areas are lined with a warm, delicately polished Rose Travertine from Montana. The floor and staircases of the rotunda utilize large squares of Phoenix Napoleon grey marble from Missouri with borders of Radio Black marble from Vermont. The Capitol Wings, completed in 1977 at a cost of $12.5 million, added further space for legislative offices, hearing rooms, support services, a first floor galleria, and underground parking. The beauty of the entire Capitol plan is enhanced by its utility. Spacious hearing rooms provide Oregonians an opportunity to participate in legislative decision making and to view state government at work. In the late 1990 s a series of health and safety issues were identified in the capitol wings. Among these were defective water pipes, hazardous wiring conditions, a lack of adequate electrical circuits, and substandard heating, ventilation and air conditioning (HVAC) capabilities. After an initial plan for replacing just the piping, wiring and ceiling was developed, it was determined that it would be most cost effective to address additional areas of concern in the wings as part of the same project. A committee of representatives from leadership, caucus offices, desks, legislators staff, Legislative Counsel, Legislative Fiscal, Legislative Revenue and Legislative Administration was assembled to approve final design, choose interior colors and fabrics and select office furnishings. The 74th Legislature approved the Capitol Restoration Project in June Between July 2007 and November 2008 an enormous amount of work took place to ensure that clean water and safe power is available in the Capitol wings for years to come Labor Day Fire Early in the morning of August 30, 2008, fire broke out on the terrace outside the governor s office complex on the second floor of the Capitol. The fire caused water and/or smoke damage throughout the building, specifically to areas of the basement, first floor galleria, second floor governor s complex, Committee Services in Rooms 350 and 453, and the Legislative Counsel library. Also, legislators offices that were temporarily relocated due to the Restoration 32

34 Project, were damaged. The fire began in construction materials being used on a terrace project outside the governor s Ceremonial Office. Though the exact cause of the fire remains undetermined, fire investigators ruled out arson and believe improperly discarded cigarettes are to blame. Due to the quick response of the Salem Fire Department, the rest of the Capitol was spared further damage. The Capitol was closed only for two days. The hard work of the fire recover staff from both the Capitol and restoration crews got the building up and running so quickly that the people s building continued the people s work without interruption. 33

35 Part VI CONCLUSION House Chamber in Current Capitol 34

36 Conclusion The Oregon story began in the wilderness that was vaguely known as the Oregon Country. Through determination of the early mountain men hunting furs to the families traveling on the Oregon Trail, the pioneering spirit of this industrious people have lived on through the years. This spirit led a group of 102 men on the banks of the Willamette River to lead their countrymen down the path of self-governance and to the American Republic. The story of Oregon is filled with a diverse people and events that have shaped the modern state that we live in today. This diversity can be seen in the political center of the state. The legislative branch of Oregon government, as you have seen, touches the lives of Oregonians in many different ways. That is why it is important to exercise your civic duty and participate in the Legislative process. This participation can be seen in the initiative process, easy access to legislators and the committee process. Through the committee process, legislation is considered in an open forum and publicly scrutinized. Legislative staff urges citizens to use the tools at their disposal to make their voice heard. The offices detailed above are here to support both the legislators and all Oregonians. A politically active citizenry can assure that government remains a government for the people and by the people. 35

37 Part VII REFERENCES Walk of The Flags on Capitol grounds 36

38 References Case, Robert Ormond. The Empire Builders. New York: Doubleday & Company, Inc O Donnell, Terence. That Balance So Rare. Portland, Oregon: Oregon Historical Society Press, 1997 Heider and Dietz: Legislative Perspectives; Oregon Historical Society Press, Reference: Bentson, Willam Alan. Historic Capitols of Oregon...an illustrated chronology; Oregon Library Foundation, Almanac & Fact Book. Oregon Blue Book ed Published by Oregon Secretary of State Bill Bradbury. Website: Oregon State Legislature. Oregon Constitution. Wikipedia. Initiative. Oregon Department of Environmental Quality. The Expanded Bottle Bill. Judy Henderson, Oregon State Archives. Legislative History. ry.html End of the Oregon Trail Interpretive Center, Beginnings of Self-Government. article&id=153:new-government&catid=70:oregon-trail-historylibary&itemid=98 37

39