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The Gas Tax and Oregon's Legislative Session

Posted on January 28
City Cast Portland staff

City Cast Portland staff

Oregon state capitol with cherry trees, Salem, Oregon

The Oregon Capitol at a sunnier moment. (M.O. Stevens / Wikipedia)

State lawmakers convene in Salem next week after a chaotic few weeks for Democratic state leaders as they scramble to address the issue of transportation funding. They have a key problem: Voters appear to oppose the gas tax passed last fall.

The special session for transportation: After failing to win the necessary votes during the regular legislative session, Democrats passed a $4.3 billion transportation package that included a 6-cents-a-gallon increase in the gas tax.

The immediate challenge: A Republican-backed effort gathered signatures to refer the gas tax and some other tax and fee increases to the ballot, so voters can weigh in.

Democrats’ initial self-repeal proposal: On Jan. 7, Gov. Tina Kotek called for a repeal of the transportation package she’d championed during the special session. It was basically admitting defeat — a clear indication that Democrats don’t think the policy will win at the ballot box.

Emerging legal challenges: A newly uncovered legal opinion from the Oregon attorney general in 1935 found that the legislature can’t repeal something that’s already been referred to voters. That cast doubts on the Kotek proposal.

The Democrats’ new plan: The state’s Democratic leaders are now planning to move the gas tax repeal vote to the May ballot from November. That’ll require a vote during the special session. (A vote in May keeps the issue off the fall ballot, when many Democratic state leaders, including the governor, will be up for reelection, notes VanderHart. It’s not a good political issue for Democrats, as explained.)

The problem for the short session: But there’s a $242 million budget gap for the Oregon Department of Transportation in this biennium. The Legislature will take up the issue of shifting money around from future transportation projects to existing budget needs. If not, the agency will need to lay off some 570 workers.

Diving deeper: OPB’s Dirk VanderHart joined the City Cast Portland podcast this week to talk all about the transportation debacle and what else is on the agenda for the short session.

More on the Legislative Session 🎧

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