Oregon’s EEIP, The Equitable, For some People , Program

The EEIP Economic Equity Program was established in 2022 through the passage of SB1579 the Economic Equity Investment Act. This act focuses on funding programs that build 1.) ownership of land, principal residences, or other property, 2.) Tentrepreneurship and business development, 3.) workforce development, and 4.) intergenerational wealth-building.

The criteria for funding any program through the EEIA is  based on race, ethnicity and citizenship.

The first allotment of funds released for the EEIP in 2022 was $15 million.

The EEIP funds programs such as this program for FIRST TIME HOME BUYERS that offers $30,0000 in assistance to NON CITIZENS.

As noted by RIGHT NOW OREGON When SB1579 was being considered and discussed Senator Tim Knopp raised the question of the constitutionality of the program. Whether it violated anti discrimination laws.

In fact he presented the bill to legislative counsel which is the in house non partisan legal counsel that reviews potential bills for legal rigor. The LC cited case law as well as the Oregon Constitution Article I Section 20. Equality of privileges and immunities of citizens. “No law shall be passed granting to any citizen or class of citizens privileges, or immunities, which, upon the same terms, shall not equally belong to all citizens.”

SB1579 clearly gives special privilege to individuals based on race, ethnicity and citizenship therefore the LC stated that the state could be open to lawsuits.

Despite the warning SB1579 did pass.

Regardless of the warnings from Legislative Counsel in 2022 the Speaker of the House Dan Rayfield AND the Senate President Peter Courtney moved forward with a bill that the LC had warned could open up the state to discrimination lawsuits.

Funding for the EEIP was only for 2 years and in order to fund it in 2024 a bill was introduced. This bill was discussed in committee and the co chair of the committee challenged the legality of the bill and asked the non partisan legislative counsel to once again write a legal opinion regarding the funding of the EEIP program. Here is the findings of the legislative counsel.

The legal counsel found that the EEIP would be subject to STRICT SCRUTINY and WOULD NOT survive the test!

In the analysis the LC brought up a recent court case Students for Fair Admissions v. Harvard. Stating that the Equal Protection Clause in the Constitution applies

“without regard to any differences of race, of color or of nationality- it is universal in it’s application” “If both are not accorded the SAME protection then it is NOT equal”

When LC is stating that it would NOT survive legal standing that means that the State of Oregon is opening itself up to be sued for discrimination!

So at the onset this bill was put aside. Yet later in the legislative session a “Christmas Tree Bill” was passed. This type of bill is passed at the end of session and can be a massive bill with multiple streams of funding. It can be defined as a bill that attracts many, often unrelated, floor amendments. A Christmas tree bill consists of many riders. It could include a line item of funding for a water system in a rural community as well as something like the EEIP. Often the Christmas tree bill does not receive the scrutiny that traditional bills receive by going through committee with public input and hearings.

The EEIP was funded in 2024 through the Christmas tree bill for an additional $8 Million.

So once again those who had the power to change course the Speaker of the House, Dan Rayfield and Senate President Rob Wagner did NOTHING.

They were aware of the warnings of the Legislative Counsel that funding the EEIP does not pass the test of scrutiny for case law, federal law AND the Oregon Constitution yet they still funded it.

The Oregon legislature, particularly the leadership, Representative Rayfield and Senator Rob Wagner are ignoring federal laws and the Oregon Constitution to benefit an agenda. As the Speaker and the Senate President they have full power to set aside or make recommendations to a bill as well as make sure a bill never makes it out of committee. Yet,this one did.

Is this the only time Oregon governing bodies have chosen to discriminate?

Oh, there is MORE……