Mike Arnold is a marijuana entrepreneur and lawyer and author of "Finishing Machine," a true crime/non-fiction book based on one of his most challenging murder cases. His legal exploits have been featured on national media, including forming the basis of a CBS 48 Hours episode entitled, "Trail of Tears."
PROTECTING THE SHAREHOLDERS by Mike Arnold (From One Gro's Company Leadership Lecture Series - 10/31/17) Co-Founders Mike &...
About This Blog
Oregon law is ignored in the national media and often gets cursory coverage by local media outlets. This site is intended to give one Oregon attorney's Midwestern perspective and comments on legal issues relevant to Oregonians.
Mike Arnold
About the Author
Mike Arnold was the strategic director and co-founder of one of the area's most successful law firms. As co-founder of Versus Publishing, Mike is the co-author of "Finishing Machine," a true crime/non-fiction book based on one of his most challenging murder cases. His legal exploits have been featured on national media, including forming the basis of a CBS 48 Hours episode entitled, "Trail of Tears." In addition to his legal expertise, Mike has experience in farming/agriculture and media management.
According to Rep. Terry Beyer’s office (House Transportation Committee Chair), they have heard from “a lot of constituents, non-constituents, and even people from Washington” all opposed to Oregon House Bill 3447. It doesn’t sound like it’s going to even get a hearing and will thus drown in Committee.
Word about this potential boater tax travelled quickly through the Oregon and Washington online whitewater communities. Well done!
Oregon House Bill 3447 would require Oregonians to buy nonmotorized boat permits for their rafts and kayaks.
The biennial fee would be $50 for one boat or a maximum of $300 if you own a play boat, creek boat, inflatable kayak, raft, and cat (5 or more boats is $300 total). The maximum penalty for failing to display a permit would be $90.
Apparently this is Oregon's attempt to pay for House Bill 2220, which would require check stations to examine boats for aquatic invasive species. HB 2220 doesn't provide for any funding, thus this tax on Oregon's rafters and kayakers.
Whitewater boating is not cheap to do safely. The above photo is the author's wife rafting the middle McKenzie River at higher water.
This bill would tax our family $150 after we already injected thousands of dollars into the Oregon economy purchasing all of the gear, not to mention the hundreds of dollars in gas money and the resulting gas tax traveling around Oregon to rafting destinations.
I challenge the legislature to produce any evidence of a whitewater kayak or raft ever transferring an invasive species. Ever seen a zebra mussel attached to the bottom of a creek boat? I haven't.
Oregon's whitewater boaters do more to protect our creeks and rivers than almost any other group. Visit http://www.oregonkayaking.net/ for an example of Jason Rackley's efforts.
This bill originated in the House Rules Committee. I contacted Vice-Chair Chris Edwards' (D-Eugene/Santa Clara) office and learned that it was referred to the Transportation Committee, where Terry Beyer of Springfield is the chair. This committee has until April 17th to hear all of its bills.
Please call (503-986-1412) or email Terry Beyer's office and tell them to bury this in committee. It should never see the light of day. Call Rep. Beyer's office and say, "Please stay out of our rafts and kayaks by drowning House Bill 3447!"
Current law does not allow traffic arrests to be expunged like other crimes. However, a new bill that just passed the Oregon House may change that. This will protect those clients who were wrongfully arrested when no charges were filed, the case was dismissed, or a jury acquitted them at trial.
Under current law, the arrest shows up on a driving record and has hampered many people from jobs where driving is a requirement.
As a huge insult to the separation of powers, the Oregon legislative branch is cutting funding to the judicial branch. March 13 through the end of June the courts will be closed on Fridays. Lengthy delays can be expected in civil matters such as landlord/tenant disputes, divorce, child support and child custody cases.
This means that children will not have certainty on where they will be living. Landlords won't be able to get rid of tenants who are damaging their homes. Victims of frivolous stalking and restraining orders will have a delayed chance to get a hearing, allowing abusers of the system to continue using the system to steal custody away from another parent. Taxpayers will learn firsthand the value of the justice system and the impact of justice denied.
Attorneys advising clients on the risks of trial are now having to advise clients on the chances of even getting a trial in a reasonable time. During a settlement conference last Tuesday, the settlement judge informed me and my client of an email he just received from the Chief Justice discussing the budget crunch through the end of June. We had a June date for a jury trial. With a client who has already had to endure three years of financial problems waiting for compensation, the uncertainty of actually getting a trial was worse than the uncertainty of a particular trial result. To him and his family, justice delayed any further than it has already been delayed is truly justice denied.
The Oregon State Legislature is considering a bill (HB 2079) that would require all boaters to wear life jackets in Class III whitewater. Great idea but they don’t say who will determine what particular stretch of water is Class III versus Class II.
David Molina, the administrator of the House Veterans and Emergency Committee, stated that law enforcement on the ground will determine if it’s a Class II versus Class III at a given water level. This is unacceptable. Most Oregonians don’t trust government employees to determine areas within their expertise and will be hard pressed to trust them outside of their range of experience. Unless a law enforcement officer has been on the river as a decision-maker (not a passenger in a commercial trip) in a paddle- or oar-powered boat, he is not qualified to classify a given rapid.
Sure, there are rapids around the state where there is agreement on a rapid's classification. However, there are plenty of rivers and creeks that do not have much exposure or general agreement on their classification. A prudent boater would wear a life jacket on many of those waterways during the rainy season but would feel comfortable floating them in the summer without one. As water levels change, so does a rapids’ class.
The Illinois River in southern Oregon is a great example. At different water levels during the rainy season there are stretches that vary between Class III and IV. However, that same river in the summer is a trickle where you might find backpackers in inflatable kayaks next to swimmers. The vagueness of this legislation does nothing to protect river users from capricious implementation.
Even experienced river guides will have different opinions about how to classify a given stretch of the river. I have heard hardened whitewater guides debate what class a given rapid is at a given water level. If you put four experienced whitewater guides together (commercial or private), you’ll get five different opinions, ranging from 2+ clear to 4- given varied water conditions.
That’s because rating whitewater is largely in the eye of the beholder. Despite this, the State Legislature wants to put that determination in the hands of local law enforcement with questionable whitewater rafting or kayaking experience. Keep in mind that the Oregon State Marine Board did NOT propose this legislation and it’s questionable if this bill would even save lives. A large percentage of fatalities in Oregon occur in flat water and less scary river sections where folks are lulled into a false sense of safety. If the legislature is serious about saving lives they should consider a requirement of life jackets on all moving water.
It is truly rare to ever see a rafter or kayaker without a PFD in Class III whitewater. Occasionally, you’ll see fishermen in private drift boats without them, but even them usually put them on when running Class III. Personally I would like everyone to wear a life jacket, because not wearing one puts experienced boaters in other boats at risk when they may need to save the careless.
For photographic evidence of the legislature attempting to legislate a solution to a non-problem, take a look at rafters at the McKenzie’s most popular Class III rapid. You will hardly ever see a photograph of someone not wearing a life jacket here: http://www.martinsrapids.com/.
The photo to right is an example of Class III whitewater on the Siuslaw River after a June storm. A life jacket is necessary after a downpour. However, in the summer it's a trickle where it is perfectly safe to lounge around in an inflatable raft without needing the government to tell you to wear a PFD. As some of my more cynical Libertarian whitewater friends have said, "Let personal responsibility and Darwin work this out."
--------------------- Here's video of the author guiding R2 down Husum Falls (Class V) on the White Salmon River in Washington:
Yes, life jackets should be required on Class IV/V. I require them in my boat without the help of the government.
A pair of Oregon House bills will attempt to prohibit handheld cell phone use for all drivers. Currently driving while on a handheld phone is only prohibited for drivers under the age of 18.
The potential law (HB 2038 or HB 2377) would give law enforcement the ability to stop a driver even when they are driving perfectly safely.
These are worthless bills. The Careless Driving law already makes it illegal to drive in a manner that endangers persons or property. Leave safe drivers to their cell phones. Ticket those that are a hazard under the Careless Driving statute.
The real world certainly doesn't work like the CSI TV franchise. Underfunding and missed deadlines may cause sloppy work. Victims and defendants both suffer. It turns out that crime lab workers are just like everyone else. It's no surprise that overworked and underpaid workers beings at the crime labs may cut corners like underpaid and overworked workers in other fields. They aren't immune. Check out this article calling for reforms.
