PHIL BARNHART  
  State Representative
Central Lane and Linn Counties
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Ballot Measures 39-44 Complete the List

Oregon’s Initiative process is in need of serious reform. The “Oregon Plan” to allow
initiative and referendum was established about a century ago to allow voters
more direct say in state business. The idea was to improve direct democracy in
the face of an often unresponsive legislature and that is what the Oregon Plan
did for many years. In the last two decades our Initiative process has been
hijacked by big money out-of-state interests. 

On our current ballot, November 7, 2006, nearly all the measures’ signature 
gathering was paid for primarily or exclusively by out-of-state special interests, 
sometimes by one man. Without Loren Parks (Nevada), Harry Lonsdale (California),
and Howard Rich (New York)eight of the ten measures would not be on the ballot. 
The other two were made possible by local grass roots organizations with national 
ties, Right to Life for Measure 43 and the Oregon branch of the American Association
of Retired People (AARP) for Measure 44.

In previous commentaries I have described Measures 45-48. Today will be on 
Measures 39-44, in brief. 

Measure 39 purports to reform the power of “eminent domain” to prevent the state 
from siding with one private owner over another. Unfortunately, the 2500 word 
measure fails the “devil is in the details” test and will result in greatly 
increased taxpayer costs for things like highways and, ironically, more land 
being owned by the state! Current practice allows the highway department to 
return land to the private owner from whom it came if it is not needed after the 
construction of a highway. Not so, Measure 39. My advice: vote NO and insist the 
legislature tackle this issue next year.

Measure 40 would regionalize the election of the judges of statewide courts. Why 
would you give up your right to vote for ALL the judges? They interpret the law 
for all of us. Vote NO.

Measure 41 would require you to figure your state income taxes twice, once using 
the current personal credit calculation and then again to use the new personal 
deduction calculation. You would then report the one that required you to pay 
the lower tax. This proposal will mean fewer teachers and larger class sizes, 
fewer state troopers, and fewer people covered by the Oregon Health Plan if it 
passes. It will benefit mostly upper income taxpayers while cutting services for 
everyone and will also reduce your “Kicker” check next year. Vote NO.

Measure 42 prohibits Insurance companies from setting premiums using credit 
ratings among other factors. The legislature took care of most of this issue 
last session by preventing insurance companies from looking at the credit ratings 
of existing customers while still reviewing those of insurance shoppers. If this 
measure passes, premiums for most Oregonians with good credit (probably you) will 
go up. Businesses that work hard to be reputable, safe, and honest will lose out 
to those with bad credit when they buy insurance. Vote NO.

Measure 43 would require notice to the parents of 15, 16 and 17 year old girls or 
a waiver by an administrative law judge before they could obtain an abortion. 
Currently in Oregon all people over age 15 control their own medical treatment. 
Those with a normal relationship with a parent already involve their parents in 
medical decisions. Those who don’t can obtain any medical treatment without their 
parents’ involvement. This measure purports to protect 15, 16, and 17 year old 
girls. It actually attempts to legislate good family relationships, something 
the state cannot accomplish. Vote NO. 

Our Senator Bill Morrisette’s Measure 44 would open an existing state drug 
purchasing pool to Oregonians without prescription medication insurance. 
There will be no cost to the taxpayer and uninsured Oregonians will get a better 
deal on life saving medications. Vote YES!

Whew. I got through them all. All have wrinkles and complexities I did not have 
room to cover. Read your voter pamphlet for the measures and the argument pro and 
con and make up your own mind. I have recommended only one, Measure 44 and can 
offer Senator Morrisette’s easy mantra to help you remember: “44 and no more!” 
Learn it and you won’t go wrong.

Lately I have seen many commentaries that suggest the initiative process is 
broken (it is) and that voters should just vote NO on all of them. If it were 
not for Measure 44, I would agree. 

There are many local measures on the ballot that should be evaluated on their 
own merits, public safety levies, school bond measures, fire district levies and 
bond measures. Many are essential if your local governments, schools and fire 
districts are to do their jobs for you. Some will actually save you money in 
the long run. Efficient school buildings give us better educated students at 
lower cost; well-supported and well managed fire districts save lives and 
property and keep everyone’s fire insurance premium under control.
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