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Tag: Oregon state government

  • Taxes fall, wages rise and jaywalking OK’d by new state laws

    Taxes fall, wages rise and jaywalking OK’d by new state laws

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    Taxes will fall and minimum wages rise for residents in numerous states as a variety of new laws take effect Sunday that could impact people’s finances and, in some cases, their personal liberties.

    Some new laws could affect access to abortion. Others will ease restrictions on marijuana and concealed guns, or eliminate the need to pay to get out of jail.

    Jaywalkers will get a reprieve in California, thanks to a new law prohibiting police from stopping pedestrians for traffic violations unless they are in immediate danger of being hit by a vehicle.

    Here’s a look at some of the laws taking effect in the new year.

    ABORTION

    After the U.S. Supreme Court overturned the 1973 Roe v. Wade ruling in June, abortion access became a state issue. Laws in place in 13 states, most of them controlled by Republicans, ban abortion at all stages of pregnancy, with varying exceptions. Meanwhile, more liberal states have been extending abortion protections.

    Laws taking effect in January are not wholesale policy changes but are intended to make abortion more accessible in California and New York. Abortion already is legal in those states through viability, which is about 24 weeks gestational age.

    California will allow trained nurse practitioners, midwives and physician assistants to provide abortions without supervision from a physician. In New York, a law dealing with multiple facets of health care requires private insurers that cover births to also cover abortion services, without requiring co-payments or co-insurance.

    A new Tennessee law, adopted in May, will bar dispensing abortion pills by mail or at pharmacies, instead requiring them to be given with a physician present. But advocates on both sides of the issue believe the effect will be minimal because a ban on abortions throughout pregnancy went into effect after the Supreme Court’s ruling.

    TAXES

    Thanks to large budget surpluses, about two-thirds of the states approved permanent tax cuts or one-time rebates last year. Several of those will take effect in January.

    Income tax cuts mean less money will be withheld from workers’ paychecks in Idaho, Indiana, Kentucky, Mississippi, Missouri, Nebraska, New York, North Carolina and South Carolina. An Arizona income tax rate reduction to a flat 2.5% also will take effect in January, a year before originally scheduled because of strong state revenues.

    Iowa will revamp its income tax brackets as a first step toward an eventual flat tax, and it will stop taxing retirement income.

    Kansas will reduce its sales tax on groceries. Virginia will lower the tax on groceries and personal hygiene products. Colorado also will remove taxes from hygiene products, but will impose a 10-cent fee on plastic bags as a precursor to their elimination in 2024.

    Other states are providing tax incentives for law-and-order professions. Rhode Island will exempt military pensions from tax. Georgia will offer a tax credit for donations to local law enforcement foundations.

    But not all taxes will be going down. A voter-approved “millionaire tax” will take effect in Massachusetts, imposing a 4% surcharge on income of more than $1 million.

    Wyoming is taking steps to collect taxes more quickly. Producers of coal, oil, gas and uranium will have to pay taxes monthly, instead of up to 18 months after extraction. The change comes after some counties had difficulty collecting millions of dollars owed by coal companies that went bankrupt.

    WAGES

    Minimum wage workers will get a pay raise in 23 states as a result of laws passed in previous years, some of which provide annual inflationary adjustments. The increases range from an extra 23 cents in Michigan to an additional $1.50 in Nebraska, where a ballot measure approved in November will raise the minimum wage from $8 to $9.50 an hour.

    The gap continues to grow between the 20 states following the federal minimum wage of $7.25 an hour and the 30 others requiring more. The highest state minimum wage now will be $15.74 an hour in Washington — more than double the federal rate.

    Another law taking effect with the new year will require employers in Washington to include salary and benefits information in job postings, rather than waiting until a job offer to reveal such information. Similar salary transparency laws are in place in half a dozen other states.

    Workers in Colorado and Oregon will start seeing paycheck deductions in January to fund new paid family leave programs. But Oregon residents will have to wait until September and Colorado residents until 2024 before they can claim paid time off following a serious illness in their family, the arrival of new children or recovery from sexual assault, domestic violence, harassment or stalking.

    Ohio will offer a new way for people to spend their paychecks. Sports betting will become legal, joining more than 30 states that have adopted similar laws since a 2018 U.S. Supreme Court ruling said it was OK.

    CRIMINAL JUSTICE

    Cash bail will be eliminated for people accused of crimes in Illinois. Requiring bonds to be posted has long been a way to ensure people who are arrested show up for their trials, but critics say the system penalizes the poor. Eliminating cash bail puts Illinois in a group of states including California, Indiana, New Jersey, Nebraska and New York that have prohibited or restricted the practice.

    Another area where social justice meets criminal justice is relaxing marijuana laws.

    In November, voters made Maryland the 21st state to legalize recreational use by adults. That begins on July 1, 2023. As an interim step at the start of the year, possession by adults of up to 1.5 ounces of cannabis will become a civil offense punishable with a maximum fine of $100.

    In Connecticut, some provisions of a 2021 law that legalized recreational marijuana also kick in, including automatic expungement of convictions for possession of less than 4 ounces of marijuana that were imposed from 2000 through September 2015. According to the National Organization for the Reform of Marijuana Laws, 21 other states have expungement laws.

    Alabama will become the 25th state where it will be legal to carry a concealed handgun without a permit.

    A new Missouri law will prohibit homeless people from sleeping on state land without permission. Violators could face up to 15 days in jail and a $500 fine after an initial warning. The law also prohibits state funding from being used for permanent housing for homeless people, instead directing it toward temporary shelters and assistance with substance use and mental health treatment.

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    Associated Press writers from across the U.S. contributed to this report.

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  • Oregon public defender shortage: nearly 300 cases dismissed

    Oregon public defender shortage: nearly 300 cases dismissed

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    PORTLAND, Ore. — District attorneys in Oregon are once again sounding the alarm over the state’s critical shortage of court-provided attorneys for low-income defendants. The lack of public defenders has strained the criminal justice system and left more than 700 people statewide without legal representation.

    Judges in Multnomah County, which is home to Portland, have dismissed nearly 300 cases this year due to a lack of defense attorneys able to handle cases. The county’s top prosecutor, Mike Schmidt, said that the shortage poses “ an urgent threat to public safety ” and released a tally this week of dismissed cases. He pledged to release new numbers each week to draw attention to the crisis.

    More than two-thirds of the dismissed cases are felonies; in 53% of them, property crime was the primary charge. The next most common primary charge was for weapon crimes, which accounted for 16% of dismissed felonies, while person crimes, which include assault and robbery, accounted for 12%.

    “Months into this crisis, many are still waiting for their day in court while others have seen their cases dismissed altogether,” said Schmidt, a progressive prosecutor who was elected in 2020 on a platform of criminal justice reforms. “This sends a message to crime victims in our community that justice is unavailable and their harm will go unaddressed. It also sends a message to individuals who have committed a crime that there is no accountability while burning through scarce police and prosecutor resources.”

    The statement reflects an increasingly popular tactic used by prosecutors in Oregon. Powerless to fix the problem on their own, they have tried to force the state’s hand. Earlier this month, Washington County District Attorney Kevin Barton said that his office would seek a court order requiring the state’s public defense agency to appoint its own staff attorneys to represent defendants if no other attorneys were available.

    The head of Oregon’s public defenders’ office said that she would work with Schmidt “to address this systemic access to justice emergency.”

    “Public defense is a critical component of the public safety system,” Jessica Kampfe, executive director of the Office of Public Defense Services, said in an email, adding that “public defenders need significant investments to retain existing staffing levels and increase capacity.”

    As of Wednesday, statewide there were 763 low-income defendants who lack legal representation, according to the state Judicial Department.

    The Oregon Legislature is set to tackle the issue when the next session begins in January. A working group that includes lawmakers has been meeting for months and considering major reforms that could overhaul the system. One proposal would reassign the Office of Public Defense Services from the Judicial Department, where it’s currently housed, to the governor’s office, in response to criticism of conflicts of interest.

    Oregon’s system for providing attorneys to criminal defendants who can’t afford them has shown cracks for years, but case backlogs have significantly worsened since the coronavirus pandemic. The public defender shortage has overwhelmed the courts, frustrated defendants and impacted crime victims, who experts say experience more trauma when cases are dismissed or take longer to be resolved.

    The state has been sued twice this year for allegedly violating defendants’ constitutional rights to legal counsel and a speedy trial. While the original lawsuit was dismissed, a similar second suit was filed in Multnomah County Circuit Court last month.

    An American Bar Association report released in January found that Oregon has only 31% of the public defenders it needs to run effectively. Every existing attorney would have to work more than 26 hours a day during the work week to cover the caseload, the report said.

    Oregon’s public defense system is unique in that it’s the only one in the country to rely entirely on contractors. Cases are doled out to either large nonprofit defense firms, small cooperating groups of private defense attorneys that contract for cases or independent attorneys who can take cases at will.

    The public defender shortage is “the predictable end result” of the unique contracting system, said Jon Mosher, deputy director of the Sixth Amendment Center. According to Mosher, the contracting and subcontracting of public defense services makes it difficult for the state to track which attorneys are assigned to which cases.

    “On any given day, the state of Oregon can’t know literally the identity of the lawyers providing the services, which means that Oregon can’t know whether those lawyers are qualified to handle the cases or whether they have enough time to handle their cases effectively,” he said. “That creates a massive amount of … a lack of oversight, a lack of accountability.”

    Public defenders say that uncompetitive pay, high stress and overwhelming caseloads also affects staffing levels.

    “You’re being asked as a public defender to be a lawyer, a social worker, a counselor, an investigator,” said Carl Macpherson, executive director of Metropolitan Public Defender, a large nonprofit public defender firm in Portland. “The criminal legal system doesn’t help people with severe issues. It’s a short-term punitive response to a bigger issue.”

    Macpherson said that the crisis extends beyond the public defense system and includes “multiple system failures.”

    “It doesn’t just affect the individuals that are without representation,” he said, before mentioning victims of crime, prosecutors, police and the public. “It affects everyone.”

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    Claire Rush is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues. Follow Claire on Twitter.

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