Legislation

The ACLU of Oregon often takes positions on state, city, and county proposals that would have an impact on civil liberties and civil rights. The ACLU is strictly non-partisan; we never support or oppose candidates for elective office.

2009 Legislature

2009 LEGISLATURE: Ambitious ACLU Agenda Approved

The Oregon Legislature approved five ACLU of Oregon priority bills this year, including SB 536, which prohibits Oregon from taking any further action to implement the federal Real ID Act. With passage of SB 536, Oregon became the 24th state to take action against Real ID.

In addition to our affirmative priorities, we had a very busy session tracking hundreds of other bills, most of which would have undermined civil liberties. We testified on more than 50 bills and worked closely on many others to address civil liberties concerns.

Our biggest disappointment was the passage of SB 355, which will create a government-monitored pharmacy database to track the millions of lawful prescriptions of controlled substances issued to Oregonians for all kinds of medical conditions.

Among other issues we covered were: free speech, privacy, reproductive freedom, the death penalty, criminal justice, drug policy and election and initiative reform.

Read our full 2009 legislative report

Review how your legislators ranked on civil liberties issues - download our 2009 Legislative Scorecard here.

PRIVACY: Government Database-“NO” to Real ID (SB 536, SB 128) (2009)

ACLU arranged for the introduction of SB 536, with 27 bipartisan co-sponsors, including the chief sponsor, Sen. Rick Metsger (D-Mount Hood), Chair of the Senate Business and Transportation Committee. SB 536 prohibits Oregon from expending any additional funds to implement the federal Real ID Act until there are sufficient federal funds and adequate privacy protections are put in place.

PRIVACY: Government Monitored Pharmacy Database (SB 355) (2009)

For the third time in as many sessions, the Board of Pharmacy introduced legislation, SB 355, to allow the state to create a statewide database to monitor the lawful prescriptions of controlled substance schedules II, III or IV issued to patients in Oregon. The database would cover all codeine-based products, most prescription pain medications and other prescription drugs such as Ambien, Ritalin and Xanax, prescribed to thousands of Oregonians, including children. Proponents expect the database will track more than five million Oregon prescriptions annually.

PRIVACY: Consumer Protection-Driver License Data Harvesting (HB 2371) (2009)

ACLU arranged for the introduction of HB 2371, which restricts businesses and government from swiping the barcode on the back of our Oregon driver licenses and state-issued identification cards. Electronic swiping of the barcode reveals almost all of the personal information contained on your license or ID card, including your name, address, date of birth, height, weight, gender, eye color, lens restrictions, donor status and license or ID card number.

PRIVACY: DNA-Creating DNA Retention Policy (SB 310) (2009)

SB 310 builds on Oregon’s DNA innocence law passed a few years ago allowing a person convicted of murder, a “person” felony or certain sex crimes to request testing of evidence for DNA that was obtained in the original criminal investigation. ACLU worked to pass what was a temporary law when it was first introduced in 2001 and led the effort in 2007 to make it a permanent part of Oregon law. That law establishes a procedure to request testing but does not address the question of retaining evidence so that it can be tested years later.

CIVIL JUSTICE: Repeal Constitutionally Questionable 1862 Laws (SB 404) (2009)

Prior to the legislative session, ACLU agreed to represent an attorney who was threatened with being held in contempt of court under two laws first approved in 1862. ORS 20.160 and 20.170 provided that a plaintiff’s attorney can be held personally liable for a cost bill awarded against the attorney’s client if the client is an out-of-state resident.

FREE SPEECH: Update Free Speech Protections (SB 543) (2009)

At the request of ACLU cooperating attorney Charles Hinkle, we helped shepherd through a bill updating Oregon’s SLAPP law (Strategic Lawsuits Against Public Participation).

FREE SPEECH: Public Records -- Restricting Access (HB 3094) (2009)

The ACLU opposed HB 3094, which extends a special exemption to the public records law for Oregon Health & Science University.

REPRODUCTIVE FREEDOM: Expanding Aggravated Murder Statute (SB 982, SB 984, HB 3505) (2009)

Normally, reproductive rights and death penalty issues do not intersect, but at the very end of session, they did. SB 982, SB 984 and HB 3505 were all introduced in response to the horrendous murder that occurred in Beaverton resulting in the death of a pregnant woman and the stillbirth of her infant. As explained below, ACLU opposed all three proposals.

DEATH PENALTY: Individuals with Mental Retardation (HB 2668, HB 2669, HB 2670) (2009)

Other than the Reproductive Freedom bills above, no other death penalty legislation was heard this session. Three bills were introduced, HB 2668, HB 2669 and HB 2670, all of which would have created a procedure for considering the issue of whether a defendant who is charged with aggravated murder (eligible for death sentence) is a person with mental retardation. The bills were not heard and died in committee.