By ANDREA MEYER

If you’ve ever seen the Bill Murray movie "Groundhog Day," then you know what the 2003 legislative session was like:  Each day felt exactly the same as the one before and all the days put together felt like eternity. 

Everyone knew that sooner or later there had to be a budget deal, but each day ended with no deal in sight.  It was late August before the budget logjam finally broke.  Our lobbyist Andrea Meyer finally woke up from her long nightmare and was able to go home for good when the Legislature adjourned on August 27.

 Normally, a long session would be very bad for civil liberties because the vast majority of our agenda is trying to stop bad bills from passing.  But this year our lucky break was the evenly divided Senate with 15 Republicans and 15 Democrats.  That meant that no bill could pass out of a Senate committee unless the Chair and Co-Chair (who were from opposite parties) both wanted the bill to become law.

 We successfully defeated or amended virtually all of the bills that we had identified as the most dangerous to civil liberties. Attached is our scorecard for the 2003 Oregon Legislature.  While we are able to provide a detailed scorecard for the Oregon House with 6 record votes on legislation the ACLU opposed, we were so successful in stopping bad bills on the Senate side that we have only two votes to report there. 

 This session more than 2,500 bills were introduced and we monitored close to 800.  Of those, about 150 bills garnered most of our time and activities. The following provides a sample of the most important bills that involved civil liberties in the 2003 session.

War on Terrorism
We were fortunate to have more than a year after 9/11 to prepare for the legislature.  While many states with annual legislative sessions rushed to create new crimes of "terrorism," weaken public record laws and other protections, by the time Oregon’s session started, there was far less momentum behind such proposals here.  Although we still had to fight off a number of dangerous measures on those issues, with good preparation we were able to ensure that wiser heads prevailed. 

Preserving Oregon's "181" Laws
As you may recall, the ACLU pulled together an impressive coalition of more than 65 organizations to support two unique Oregon laws that were under attack this session thanks to John Ashcroft and the federal Justice Department.  ORS 181.575 prohibits the police from collecting and maintaining information on a person’s political, religious or associational activities.  ORS 181.850 prohibits local law enforcement from assisting the INS in enforcing federal immigration laws. 

 These were the two laws that the City of Portland and other Oregon jurisdictions relied upon when refusing to participate in the Ashcroft Dragnet shortly after 9/11. Ashcroft had asked local law enforcement to assist in questioning Muslim and Middle Eastern men solely because of their country of origin, religion and age.  None of these men were suspected of criminal activity or having any involvement in terrorism and some of the questions asked about their travel and associational activities, and what they thought of 9/11.  In addition to Portland, the Hillsboro and Corvallis police departments refused to participate, citing those two laws and their policies against racial and ethnic profiling. 

 As a result, a number of legislators introduced legislation either to repeal or weaken the laws.  We opposed three bills, HB 2539 (introduced by Rep. Betsy Close, R-Albany), HB 2554 (introduced by Rep. Donna Nelson, R-McMinnville), and HB 2051, submitted through the House Judiciary Committee.  The first two bills would have effectively repealed both laws by inserting an exception allowing state and local police to assist any federal agency investigation "in response to a federal agency request."  The Judiciary Committee bill would have repealed the prohibition on enforcement of federal immigration law.

 The grassroots support from our "181" Coalition greatly assisted us in garnering opposition to all three bills from law enforcement circles and Oregon Attorney General Hardy Myers.  However, Myers told us he would consider supporting an amendment that would "tweak" the immigration enforcement law as long as he was convinced it wouldn’t undermine the beneficial aspects of 181.850. 

 Despite the Attorney General’s caveat, by late spring we thought we might manage to kill all three bills in the House Judiciary Committee. However, just before the committee closed, we learned that Governor Kulongoski had requested that HB 2051 be kept alive for an amendment being drafted by Deputy A.G. Pete Shepherd.  What followed were some tense negotiations with Shepherd and the Governor’s staff over the language of the amendment and the rhetoric in support of it.

 In the end, ORS 181.850 was amended to clarify that state and local police could take someone into custody if there is a criminal arrest warrant (issued by a federal judge) for the individual.  Since virtually all immigration "holds" are administrative rather than criminal, we viewed this as a technical change that was consistent with the practices of most local police and the legislative intent behind the law when it was first approved in 1987.  Thus, our coalition agreed not to oppose HB 2051 A-Eng. and the amended bill passed both houses and was signed by the Governor.  Win.

Terrorism
If there is any legislation that you heard about this session, it was probably SB 742 introduced by Sen. John Minnis (R-Wood Village) creating a state crime of terrorism.  The original bill was so overbroad that it would have exposed a person to a charge of terrorism (with a punishment of life in prison) for participating in any gathering if anyone else present caused substantial disruption of commerce, transportation or to an educational or government institution.  It could have swept up students present at a school cafeteria food fight, as well as political protestors who watch their colleagues commit civil disobedience.  Finally, SB 742 also included an exception to ORS 181.575 and ORS 181.850 for terrorism investigations. 

When Sen. Minnis scheduled a public hearing, we coordinated one of the largest public turnouts of the session, filling both the hearing room and the overflow rooms.  No one testified in support of the bill.  Instead, members of our "181" coalition, including representatives of the Japanese American Citizens League, Latino, union and domestic violence organizations joined us in warning of the damage to civil liberties that can be caused by overreaction in a crisis.  Senator Minnis cut off testimony after two hours, just before our law enforcement allies were ready to testify against the proposal and the bill was never heard from again.  Win (died in Senate Judiciary).

Opposition to USA-PATRIOT Act (SJM7)
Close to the end of session, a group of citizens organized to propose an Oregon resolution denouncing the most egregious portions of the USA Patriot Act.  SJM 7 was only introduced in early August, was heard in the Senate Rules on August 21, passed out the next day and was approved by a 23-2 vote on the Senate floor on August 25.  Unfortunately, Representative Dan Doyle (R-Salem) did not allow it to have a hearing in the House Rules and it died in committee.  We were pleased to work with a broad bi-partisan coalition of legislators, citizens and organizations in support of SJM 7.  Because this proposal made it so far in such a short time, it’s hard to consider it a full loss despite the fact that it did not pass both chambers.   Win (Senate scorecard) & Loss (died in House).

Impending Health Crisis-
Emergency Powers (HB 2251)
HB 2251 addressed the government’s power to detain people during a developing health crisis, such as a bioterrorism incident or an epidemic of a dangerous disease.  We helped negotiate amendments that balanced the need of the government to briefly detain exposed individuals in order to provide information and diagnostic services in emergencies, while maintaining the rights of individuals to due process and judicial review if the detention lasts more than a few hours.  Win – successfully amended bill.  Passed.

Reproductive Rights
Abortion- 24 hour Delay and Biased Information (HB2547)
The latest anti-abortion attempt, HB 2547 would have required women to wait at least 24 hours prior to obtaining an abortion and would have forced the government to give them anti-abortion propaganda in the guise of "informed consent."  Win (passed House, see scorecard, died in Senate).  Please note that this proposal has also been submitted through the initiative petition process for the fall 2004 election.  We filed a ballot title challenge and may file a separate lawsuit arguing that the initiative doesn’t meet the procedural requirements under the Oregon Constitution because it doesn’t include the full text of the laws it would amend.  We will keep you informed as this proposal makes its way through the process.  Organized under Oregonians for Choice, we are already working with other members of the pro-choice community to mount a major campaign against it.

Medical Assistance for Pregnant Women (HB 3506)
HB 3506 would have required the Department of Human Services to deny medical assistance to an otherwise eligible applicant,  if the applicant is pregnant and serving as a surrogate mother.  We opposed this fundamentally flawed legislation because it interfered with a woman’s right to control her body as well as her right to privacy.  It was unclear how this proposal would be enforced (does the doctor ask if she’s a surrogate?), it would have included women who were not receiving compensation for surrogacy, and it would have barred all medical coverage of any kind during her pregnancy.  Win (died in committee).

Free Expression
Censorship Amendment (SJR 33)
No session is complete without a proposal to weaken the Oregon Bill of Rights free expression guarantee (Article I, section 8).  SJR 33 (introduced by Sen. Bruce Starr, R-Aloha) would have opened the door to censorship laws limiting or prohibiting persons under 21 years of age from viewing "nudity" or "sexual activity."  The proposed constitutional amendment wouldn’t have defined those terms.  We strongly oppose any change that would weaken Oregon’s free expression protections and reminded the Senate Rules Committee that voters have rejected similar censorship amendments three times since 1992. Win (died in committee).

Internet Library Filters (HB 3101)
A forceful attempt by Rep. Betsy Close (R-Albany) was made to pass another censorship bill.  HB 3101 would have required libraries to install filtering software to block visual depictions of "sexually explicit conduct," including "lewd exhibition of sexual or other intimate parts."  If you don’t know what that means, neither do we, and the language was so broad that it easily swept in protected expression.  When the bill was first heard, we testified that it violated both the federal and Oregon constitutions.  After lengthy hearings, and procedural maneuvering by our ally Rep. Floyd Prozanski (D-Eugene), the bill failed to pass out of the House Government Committee.  However, after the U.S. Supreme Court upheld the federal Law requiring library filters in exchange for federal funding, Rep. Close renewed her attempts despite the fact that her proposal still would have violated the Oregon Bill of Rights.  Fortunately, session ended before she could succeed.  Win (Died in committee).

Flag Displays (HB 2548)
Again, thanks to Rep. Close (R-Albany), the legislature heard HB 2548, which would have permitted the display of the U.S. or Oregon flags along the state highway right of way.  We testified against the bill because it represented unconstitutional viewpoint discrimination since signs or symbols critical of government policies would not be allowed.  Win (died in committee).

Data Privacy
Selective Service Registration & DMV (HB 2666)
Originally part of another bill, an amendment that would make selective service registration automatic for any young man applying for a driver’s license was stuffed into HB 2666 B-Eng at the last minute. We opposed the bill both because we oppose the draft and we oppose using information collected by one arm of government to be appropriated for other purposes without the consent of the individual. This bill passed the House near the end of session but died on the Senate side.  Win (died in Senate, see House Scorecard).

Social Security Numbers & DMV (HB 2783)
As part of the federal government’s crackdown on parents who owe child support payments, the federal government threatened to cut off federal highway funds unless the state collects social security numbers from persons seeking state issued license.  Oregon had complied with much of this, but had left out driver licenses in past legislation.  HB 2783 was designed to put Oregon in compliance.  It didn’t require people to have social security numbers to obtain a driver’s license but under the original proposal because of a weird quirk in the false swearing law, it would have created insurmountable hurdles for many who did not.  With the help of coalition partners, many from the "181 campaign" we drafted a new provision that would allow a person to sign an affidavit at the time they sought their drivers’ license attesting to the fact that they did not have a social security number.  Win – successfully amended.  Passed.

Public Right to Know
Public Records & Security Plans (HB 2425)
Also related to heightened concern about terrorist activity, HB 2425 would have created broad exemptions from disclosure under Oregon’s public records law for any security assessments or plans made by government agencies, utilities and other regulated businesses.  We worked very hard to strike the appropriate balance between protecting the secrecy of specific security plans while still ensuring that the consideration by elected officials of the adequacy of such plans can be monitored by the news media.  Eventually, all parties involved agreed to our amendments.  Win – successfully amended bill.  Passed.

OHSU Research (HB 3093)
HB 3093 was our one loss this session.  It provides a special exception to the public records laws for Oregon Health and Sciences University by allowing OHSU to keep secret the name, professional address or location of any person participating in medical research involving animals at OHSU. (Existing law already permitted protection of the home address and phone numbers of any public employee whose safety may be endangered.)  We opposed the bill because it will make it much more difficult for members of the news media to investigate reports of possible abuse of research animals. Ironically, even as OHSU argued the change was essential to protect against "eco-terrorists," the University’s website included photographs of researchers as well as their names and descriptions of the research they perform.  In response to our concerns, legislators did add a sunset provision so that it would expire in two years unless repassed by the Legislature.  Loss.  House and Senate Scorecards.

Religious Freedom
School Vouchers for College Education (proposed constitutional amendment)
Governor Kulongoski personally testified in support of his proposed constitutional amendment to restructure state scholarship funds for Oregon college students, including students at private religious colleges.  He asked the Senate Revenue committee to insert his proposal into SJR 28, announcing that it was so important to him it would be the only bill he would testify on during the session.  The Governor recognized that this would allow tax dollars to be used for private religious colleges, but he called it "choice" rather than vouchers.  We testified in opposition because we support the principles enunciated by Oregon founders in Article I, section 5 which prohibits public funds from being used "for the benefit" of any religious or theological institution.  We expect the Governor to revive this concept in 2005.  (Note:  because the Governor’s amendments were never adopted by the committee, it is not available on the state legislative website.)  Win (died in Senate Revenue).

Public School Access for "Youth Groups" (HB 3114)
HB 3114 (introduced by Rep. Betsy Close, R-Albany) would have created a bizarre "limited public forum" in schools by requiring schools to open their facilities to certain "youth groups".  This proposal would have made a mess of "public forum" law and was aimed at attacking certain Oregon school districts that have prohibited the Boy Scouts, (which discriminates on the basis of religion and sexual orientation) from having special access to school children.  Win (died in committee).

Equal Protection
Gender Identity (HB 3356)
The ACLU supported HB 3356, which would have added "gender identity" to the intimidation law.  Although the intimidation law includes sexual orientation, it does not include gender identity (a person’s actual or perceived gender), an important area that needs to be included.  We testified in support, but the bill died in committee.  Loss (died in committee).

Citizenship Requirement (HB 2235)
We opposed HB 2235 because it would have required for the first time that an applicant for certification as a private security officer be a U.S. citizen.  This proposal was an insult to the millions of immigrants legally working in our country, including those who serve in high security jobs at our airports, as flight attendants and pilots, in federal courthouses, as well as with our armed services and the National Guard.  Win (died in committee).

Criminal Law
Right to Counsel (HB 877)
HB 2877 would have allowed District Attorneys to make early disposition offers to certain criminal offenders without them having the opportunity to consult an attorney (other than the district attorney).  We believe the right to counsel cannot be waived without an individual having the opportunity to consult and seek the advice of their own counsel about the merits of their case and benefits of accepting a plea offer.  Win (passed in House, see scorecard; died in Senate).

Video Device Crimes (HB 3587 and SB 308)
One of the many attempts to create new crimes this session was a last-minute proposal by the Motion Picture Association of America to create the crime of unlawful operation of an audiovisual device in a motion picture facility (HB 3587 proposed amendments & SB 308 C-Eng).  The problem with this proposal wasn’t the intention – to fix a gap in Oregon law that does not outright ban videotaping a motion picture during a public screening.  Instead, the problem was the bill’s language was overbroad and would have criminalized taking a photograph with a cell phone as you wait in line at the movie theatre.  We believe that this whole area of the law needs to be updated to take changing technology into account and we plan to work with the Interim Judiciary Committee to accomplish a narrowly tailored fix.  Win (HB 3587 died in House Rules and SB 308 with a minority report died on House Floor).

Search & Seizure
Drug Testing for Unemployment Compensation (HB 2824 and SB 284)Associated Oregon Industries proposed two identical bills this session — HB 2824 in the House side and SB 284 on the Senate side.  These proposals would have required an individual who has been laid off and has been receiving unemployment benefits to apply for jobs that require random drug testing or lose their state benefits.  We testified in opposition to this proposal because it has the effect of forcing unemployed workers to submit to searches without probable cause under government compulsion.  We think that is a clear violation of the Oregon Constitution’s protection against unreasonable searches and seizures.  Win (passed in House, see scorecard; died in Senate committee).

Separation of Powers
Senate Confirmation of Judicial Appointments (HJR 42)
HJR 42, a constitutional amendment, would have required Senate confirmation of any gubernatorial appointments to the Oregon Court of Appeals and Supreme Court.  We opposed this legislation because it unnecessarily politicized the judicial system.  Although the U.S. Senate confirms federal judges, they are appointed for life and never stand for election.  In Oregon, although the Governor may initially appoint a judge if a vacancy occurs mid-term, those appointed must run for election at the next primary election.  Win (passed House, see scorecard; died in Senate).