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PPP, EIDL, SBA monies not subject to Corporate Activity Tax

The Oregon Department of Revenue has determined that certain federal assistance to businesses under the Coronavirus Aid, Relief, and Economic Security (CARES) Act is not commercial activity under Oregon statute and will not be subject to the Corporate Activity Tax.

The exempt assistance includes forgiven Paycheck Protection Program (PPP) loans, Economic Injury Disaster Loan (EIDL) emergency advances, and Small Business Administration (SBA) loan subsidies. More information can be found in the Beyond the FAQ section of the CAT page on the department’s website.

According to information provided about the CARES Act on the website of the U.S. Department of the Treasury:

• PPP loans provide small businesses with funds to pay up to eight weeks of payroll costs including benefits. Funds can also be used to pay interest on mortgages, rent, and utilities.
• EIDL emergency advances of up to $10,000 are available to provide economic relief to businesses that are currently struggling with a temporary loss of revenue.
• SBA loan subsidies cover six months of payments for “covered loans” in regular servicing status.

Taxpayers with general questions about the CAT can email [email protected] or call 503-945-8005.

Visit www.oregon.gov/dor to get tax forms, check the status of your refund, or make tax payments; call 800-356-4222 toll-free from an Oregon prefix (English or Spanish); 503-378-4988 in Salem and outside Oregon; or email [email protected]. For TTY (hearing or speech impaired), call 800-886-7204.

Rep. Gomberg exonerated in sexual harassment investigation

Gomberg Exonerated

Oregon House Representative David Gomberg has been cleared of any wrongdoing by the House Special Committee on Conduct in response to a woman who said she overheard him “joking” about a prostate cancer treatment at an annual industry dinner in 2019.

House Speaker Tina Kotek
House Speaker Tina Kotek

According to an investigation into the harassment claims, the woman said Rep. Gomberg’s “joke” made her “think unnecessarily about Rep. Gomberg’s private parts” and it felt “creepy.” The woman brought the concerns to her supervisor who then took it up the chain to House Speaker Tina Kotek. Kotek provided the report to the Legislative Administration Committee who hired Investigator Brenda K. Baumgart, of Stoel Rives LLP, to look into the claim.

From the investigator’s report:

FULL INVESTIGATION REPORT

The Speaker received the oral report from the supervisor in their conversation on October 14, reported the situation to Knieling on October 15, and then followed with a written account of the report on October 16 (a copy of the Speaker’s email is provided with this investigation report). The relevant excerpts from the Speaker’s report of her conversation with the supervisor of the anonymous complainant are as follows:

“The supervisor described the incident to me on behalf of his employee, who wished to remain unidentified. The employee said she didn’t want to file a formal complaint. Rather, she just wanted Rep. Gomberg, in the words of the supervisor, ‘to stop having stupid conversations and for you [the Speaker] to tell him to knock it off.’

“The employee told her supervisor that Rep. Gomberg was joking about a recent appointment with a urologist for a prostate condition. He prefaced the story with, ‘I probably shouldn’t say this, but…’ He then told them that he had been prescribed three medications and said something like ‘one does [something], one gives you an erection, and the other grows your hair. I like two out of the three.’

The anonymous female complainant declined to speak with Baumgart despite repeated attempts by the investigator to contact her and stood by her original desire to remain uninvolved and anonymous.

“So let’s be very clear,” Gomberg said in testimony in front of the committee. “I was speaking primarily to another man about my personal health and the conversation was about prostate cancer not erections. I used medical language that you hear on television every day and everything I said was factually true. Oh and my wife was present during the entire thing. That’s about it. I hope and trust the Committee will see this unfortunate situation for what it is and not an act of harassment or incivility.

GOMBERG’S FULL TESTIMONY

“I have raised procedural questions because when our rules are not applied completely or consistently, they become arbitrary and political. At some point, bad process becomes bad behavior. Lives are affected by these proceedings and the rules should matter more than they clearly do.

“Anyone offended by my words at the [Oregon Business & Industry dinner] is entitled to everything they asked for. They did not ask to be involved in a six-month formal investigation and public hearing. They asked for the Speaker to talk to me about the situation. She did not. It took a public records request to even find out what we were talking about.”

In his testimony, Gomberg said he received a diagnosis from his doctor in 2019, telling him he had an aggressive and potentially lethal case of prostate cancer. For the fall of that year, Gomberg and his wife, Susan, could think of little else but the devastating medical news they had been given. Gomberg would receive some good news in September, with doctors saying the situation was no longer life-threatening but some issues still persisted and Gomberg would need to undergo treatment.

Susan and David Gomberg (Photo by Rick Beasley)

On October 7, 2019 at the Oregon Business & Industry Statesman Dinner, Gomberg said he was talking to a male lobbyist while standing in a group of people. The lobbyist asked Gomberg how he was doing and Gomberg told him about the diagnosis and his treatment options, which included some side effects. One would cause dizziness, one is also used to treat erectile dysfunction and one would increase hair growth. Gomberg said his wife was standing next to him for the entire discussion.

The committee found Gomberg’s conversation was not sexual or workplace harassment and found there was no pattern of previous behavior.

“Susan and I are very pleased that the Committee found no basis for concern in my behavior and actually went further in saying there was no evidence of any past behavior,” Gomberg told Homepage. “The hearing came at an awkward time. Many coastal Oregonians are facing difficulties and I’m focused on trying to support local families, seniors, small businesses and their employees.”

Video of the hearing:

Wanted driver escapes jail

Oregon State Police

Oregon State Police Trooper David Wertz was 10 miles east of Newport on April 28 at approximately 8:49 p.m. when he stopped a wanted felon but let him go after pandemic-leery jailers refused to lock him up.

“I was patrolling US 20 in the area of mile post 10 when I stopped a white Chevy Camaro, eastbound at a high rate of speed,” reported the trooper. “The driver was identified and determined to be the subject of an active felony, no-bail warrant issued by the Oregon State Parole Board; a parole violation on the original charge of Burglary I. Both Lincoln County Jail and Benton County Jail refused to lodge the suspect because of current COVID-19 restrictions policies.”

The suspect, Erin M. Swinford, 37 of Toledo, was issued a speeding ticket and released.

Oregon reports 65 confirmed COVID-19 cases, 14 presumptive cases, no deaths

COVID-19

The state’s death toll from COVID-19 remains unchanged from yesterday and remains at 109, the Oregon Health Authority reported at 8 a.m. today.

Oregon Health Authority reported 65 new confirmed cases and 14 new presumptive cases of COVID-19 as of 8 a.m. today bringing the state total to 2,759. The new COVID-19 confirmed and presumptive cases reported today are in the following counties: Benton (4), Clackamas (1), Clatsop (1), Coos (2), Deschutes (1), Hood River (1), Jefferson (1), Lane (1), Linn (10), Marion (17), Multnomah (15), Polk (8), Umatilla (6), Washington (10), Yamhill (1).

Note: The state is now including presumptive COVID-19 cases in its daily reports, consistent with recently amended guidance from the Centers for Disease Control and Prevention.

A presumptive case is someone who does not have a positive PCR test — a “Polymerase Chain Reaction” that confirms if a person has COVID-19 — but is showing symptoms and has had close contact with a confirmed case. If they later test positive by PCR, those will be recategorized as confirmed cases.

To see more case and county level data, please visit the Oregon Health Authority website, which OHA updates once a day: www.healthoregon.org/coronavirus.


Stay informed about COVID-19:

Oregon response: The Oregon Health Authority leads the state response.

United States response: The Centers for Disease Control and Prevention leads the U.S. response.

Global response: The World Health Organization guides the global response.

Oregon reports 57 new COVID-19 cases, five new deaths

COVID-19

COVID-19 has claimed five more lives in Oregon, raising the state’s death toll to 109, the Oregon Health Authority reported 8 a.m. Saturday.

Oregon Health Authority reported 57 new cases of COVID-19, bringing the state total to 2,635. The new COVID-19 cases reported are in the following counties: Clackamas (2), Deschutes (2), Hood River (1), Jefferson (3), Lane (4), Malheur (2), Marion (15), Morrow (1), Multnomah (14), Umatilla (4), Washington (9).

Note: During routine data reconciliation, a case originally reported as a Polk County case was later determined not to be a case. It was subtracted from Friday’s state total, and the total number of cases in Polk County was reduced by one to reflect this change.

To see more case and county level data, please visit the Oregon Health Authority website, which OHA updates once a day: www.healthoregon.org/coronavirus.

Oregon’s 105th COVID-19 death is a 64-year-old man from Polk County, who tested positive on March 19 and died on May 1 at Salem Hospital. He had underlying medical conditions.

Oregon’s 106th COVID-19 death is a 70-year-old man from Multnomah County, who tested positive on April 20 and died on May 1 at Adventist Medical Center. He had underlying medical conditions.

Oregon’s 107th COVID-19 death is a 75-year-old man from Multnomah County, who tested positive on April 27 and died on May 1 at Providence Milwaukie Hospital. He had underlying medical conditions.

Oregon’s 108th COVID-19 death is a 91-year-old woman from Marion County, who tested positive on April 22 and died on April 30 at Salem Hospital. She had underlying medical conditions.

Oregon’s 109th COVID-19 death is a 76-year-old woman from Umatilla County, who tested positive on April 14 and died on April 30 at Kadlec Regional Medical Center. She had underlying medical conditions.

Stay informed about COVID-19:

Oregon response: The Oregon Health Authority and Oregon Office of Emergency Management lead the state response.

United States response: The Centers for Disease Control and Prevention leads the U.S. response.

Global response: The World Health Organization guides the global response.

Reopen Oregon Rally at Statehouse draws thousands

Thousands of protesters descended upon the State Capitol Saturday to protest Gov. Kate Brown’s COVID-19 closure of businesses and schools in Oregon.

People from all areas of the state could be counted among the many who lined both sides of the street and the steps of the Capitol building.

Vehicles adorned in slogans and paint — most sporting the American flag — streamed by honking, when the road wasn’t shut down by a dump truck driver, who hydraulically raised his truck’s bed to the sky and blared his horn.

Participants used the occasion to speak out with bullhorns, shouts and honking horns. Among the protesters were several who were fully armed and said they were ready to protect their First and Second Amendment rights.

The gathering was in violation of Brown’s order prohibiting congregations of 25 or more people, but police were not present at the event.

People in attendance estimated 2,000-5,000 were at the rally in vehicles and on foot.

Gomberg: ‘Unemployment inboxes were overwhelmed’

Weekly Coronavirus Update: May 1, 2020

Hello Friends,

For weeks I have been talking to the Governor’s office and agencies about our situation here in HD 10. The central and north coast currently suffer the highest unemployment rates in the state.

Unemployment by county chart

I’ve been hearing from a lot of people about the trouble they’re having getting their unemployment benefits. The wait times, the unknowns, and the changing answers are incredibly frustrating and need to be fixed completely. Things are getting better, but if you’re someone who hasn’t yet been helped or received your benefits, that’s no consolation.

Here’s what we know: The department has processed over 230,000 initial claims over five weeks (not including last week’s numbers). There’s still a long queue of initial claims to process, and many applicants are waiting for one of the new federal programs. Other claims are needing additional attention because the applicant might have a history with unemployment benefits or they need to take extra steps to verify personal information. The department now has more than 600 people working in two shifts seven days a week to process applications. That’s significant considering a month ago there were only 100 claims employees.

Under normal circumstances, it takes three weeks to get a benefit check, but some folks are now looking at four or five weeks for their first payment. The system won’t recognize weekly claims until the initial application is processed, and that’s why people are getting confusing computer messages. When the initial claim is approved, benefits will be retroactive and people will get all the benefits they are owed, including the $600 per week Federal Pandemic Unemployment Compensation.

The email inboxes the department set up for inquiries were overwhelmed, so responses have been taking longer than a week. The department believes that with additional trained staff and new procedures, they are making good progress on the backlog. Email is still the best way to contact the department, since phone call wait times are averaging over 100 minutes. Anyone with claim status questions should reach out to [email protected].

Some people were denied benefits because they said they weren’t looking for work with other employers, which of course makes sense right now. The department made an automatic fix for that. Those claims will be processed, and people should continue filing weekly claims.

If someone was denied because they are self-employed or a 1099 contract worker, the department has been re-programming the claims system to accept those applications as part of the national CARES Act Pandemic Unemployment Assistance program. That includes:

  • self-employed
  • independent contracts or “gig” workers
  • performing work not subject to unemployment insurance tax, such as agricultural workers
  • did not earn enough in wages or work enough hours to qualify for regular benefits
  • exhausted regular unemployment benefits, and are not eligible for another extension

Workers eligible for PUA and filing for the first time should use the instructions and application on the CARES Act page.

Workers eligible for PUA who have already applied using the online claims system and have an established PIN number should complete the process using the new PUA Application in English or Spanish.

What’s needed for reopening? This Public Health video gives a good overview.

Watch for Signs of COVID-19


With the possibility of more businesses restarting in the coming weeks, I’m hearing from some the concern that workers may not want to return. They may be worried about ongoing health considerations. Or with the added federal $600 a week payment, they may find they make more money staying home.

To be clear – Even though the Employment Department has waived the work search requirement for many claimants out of work due to COVID-19, employees must still remain able and available for work and must also be willing to resume work if called back by their employer.   Refusing work could have serious implications for their long-term benefits eligibility.

There are a few rare circumstances related to the pandemic in which a person out of work for that reason could turn down any offered work.  Those approved reasons are:

  • Being ill with COVID-19.
  • Potentially exposed to COVID-19 and subjected to a mandatory quarantine period.
  • Staying home to care for a family member, or other person they live with or who they provide care for, who is suffering from COVID-19 or subject to mandatory quarantine.
  • Unable to work because they have to stay home to care for a child due to the closure of schools, child care providers, or similar facilities due to COVID-19.
  • Asked to work when it would require them to act in violation of a mandatory quarantine or government directive.
  • Unable to work because they have been advised by their health care provider or by advice issued by public health officials to self-quarantine due to possible risk of exposure to or spread of COVID-19.

The bottom line and honest assessment is this: The Employment Department is working hard to get applications processed and get people their benefits as soon as they can. And, despite this effort, the wait times are still long and too many people are worried about paying their bills. I will continue to press for better outcomes.

Employment timeline


More Economic Relief Developments

Student Loan Debt: These tips for staying on top of student loan payments come from State Treasurer Tobias Read and Executive Director of the Student Borrower Protection Center (SBPC) Seth Frotman. Watch the recording of their conversation here. And see more in this FAQ from the SBPC.

  • As of April 10th, automatic payments are not being processed for federal student loans. If you continue to see payments come out, take steps to get help. Contact your student loan provider ASAP or the Attorney General’s office.
  • If you have federal loans, the government cannot keep or redirect or garnish your CARES Act payment to repay defaulted student loans
  • If you are graduating from college soon, the SBPC recommends signing up for income-based repayment.

CAT Tax Payments: The Oregon Department of Revenue filed a new rule on Monday to provide additional flexibility for small businesses subject to the corporate activity tax (CAT). The CAT was created in 2019 to support the significant new education investments of the Student Success Act. It applies to businesses with more than $1 million of activity in Oregon.

Under the new rule, businesses subject to the CAT but owing less than $10,000 will not have to make quarterly estimated payments and will not have their CAT payment due until April 30, 2021. The previous threshold was $5,000.

Under the previous threshold, taxable commercial activity of about $1.8 million was not subject to quarterly estimated payment. This rule change raises that threshold to about $2.7 million. Taxable commercial activity is the commercial activity of a business after subtracting the allowable deductions.

Payment Protection Program: Applications reopened Monday for the second round of funding from the Paycheck Protection Program (PPP), designed to help employers keep their employees on the payroll during the COVID-19 crisis. The first round of funding ran out within two weeks and this second round is also expected to go quickly, so get in contact with an approved lender as soon as you can. See approved Oregon lenders here.

If you’re wondering whether your business qualifies or is a good fit for PPP, check with your local Small Business Development Center. Free, confidential advising is available from their staff who have expertise in the details of PPP and other small business relief programs.

Business Oregon’s Small Business Navigator contains the latest information on local, state, and federal aid available to small businesses.

Non-Emergency Medical Procedures Opening: Need surgery? Dental help or an eye appointment? The Governor is restarting non-emergency medical procedures.

Auto Insurance: Driving Less? The Stay Home, Save Lives order has sharply reduced auto traffic on the roads and with it, the risk of auto accidents. The Department of Consumer & Business Services has been working with several auto insurance companies to secure refunds and credits to auto insurance carriers that reflect the reduced risk of auto liabilities. A list of insurance companies that have committed to providing refunds and credits can be found here.


Our office has been working long days to support the unemployed workers, families, seniors, and small businesses of our district. We’ve also been engaged in regular meetings with leaders from Lincoln, Tillamook, and Yamhill Counties.

Earlier today I took part in a “Coastal Corral” organized by our Chambers of Commerce to discuss the economic environment. A copy of the meeting should be available from your local Chamber.


Things are getting better. Perhaps not as quickly as many might wish, but better nonetheless. And we have avoided potentially devastating rates of illness and fatalities. Let’s stay strong, stay responsible, and stay committed to helping our families, neighbors, and communities.

Warm Regards,

Representative David Gomberg
House District 10

Reopening Lincoln County

Lincoln County, along with community partners has begun working on a local plan to reopen local business and recreation that will follow Governor Brown’s Reopening Oregon Framework.  The plan will be developed in a way that makes sense for Lincoln County and submitted to the Governor for her approval.

The Governor has provided draft guidance on how counties will reopen.  She stated today that some counties may be able to enter Phase 1 on May 15.  Most business closures were a result of state orders, not county or city ones. Thus, it is the state that has to lift those orders so that most businesses can reopen.

The current draft guidance provided by the state requires that counties meet seven prerequisites before a county can enter phase one of Reopening Oregon. Lincoln County and its partners are working on ensuring we will be able to meet these gating criteria. These criteria are:

  1. Declining prevalence of COVID-19: This metric only applies to counties with more than 5 cases.  Lincoln County currently has 5 total cases, but only 2 active cases.  If we increase our case count, we will need to verify:
    1. The percentage of emergency department visits for COVID-19-like illnesses (CLI) are less than the historic average for flu at the same time of year.
  2. Minimum Testing Regimen: Regions must be able to administer COVID-19 testing at a rate of 30 per 10,000 people per week. In Lincoln County this would be approximately 150 tests per week. Our local healthcare system is able to do that now.  However, this metric is measured at the Health Region level, not at the county level. An individual county cannot move into phase one if regional hospital capacity is beneath that level.  Lincoln County is in Region 2 and includes, Yamhill, Polk, Lincoln, Benton, Marion and Linn counties.  The region is meeting Monday to plan for this requirement.
    1. In Lincoln County, Samaritan Health Services has expanded their testing capability to test all symptomatic patients with doctor’s orders at the Depoe Bay or Waldport sites. We are testing asymptomatic people working in congregate care settings and their families.
  3. Contact Tracing System: Counties must have a minimum of 15 contact tracers for every 100,000 people.
    1. Lincoln County has met this requirement. Public Health has expanded training to additional public health staff and have begun taking names of volunteers for future training if needed. Also, the State of Oregon has committed to training 600 additional people to meet surge demand in counties.
  4. Isolation Facilities: Counties must have hotel rooms available for people who test positive for COVID-19 and who cannot self-isolate.
    1. Lincoln County has already been working on developing a solution for this but does not have this plan finalized yet.
  5. Finalized Statewide Sector Guidelines: Each sector must adhere to Oregon Health Authority statewide guidelines to protect employees and consumers, make the physical workspace safer and implement processes that lower risk of infection in the business.
    1. These guidelines are being finalized by the State and will be posted on Lincoln County’s website.
  6. Sufficient Health Care Capacity: Each region must be able to accommodate a 20% increase in suspected or confirmed COVID-19 hospitalizations compared to the number of suspected or confirmed COVID-19 hospitalizations in the region at the time Executive Order No. 20-22 was issued.
    1. This metric is measured at the Health Region level, not at the county level. An individual county cannot move into phase one if regional hospital capacity is beneath that level.
  7. Sufficient PPE Supply: All hospitals in the health region must report PPE supply daily to OHA’s Hospital Capacity system. Large hospitals and health systems in the region must attest to a 30-day supply of PPE, and rural hospitals must have a 14-day supply. This metric is measured at the Health Region level, not at the county level.
    1. Counties must attest to sufficient PPE supply for first responders in the county. The Lincoln County incident management team has already set up distribution systems to long-term care, foster homes, jails and other facilities. A sterilizing machine will be ready next week in Eugene to clean N-95 masks. This benchmark is dependent upon stockpiling PPE.

For more information on Lincoln County’s ongoing reopening plans, go to https://www.co.lincoln.or.us/hhs/page/reopening-lincoln-county

Lincoln City Police shooting: ‘Use of Deadly Force’ video and media release

The following video and media release concerning the shooting by Lincoln City Police officers of David A. Xanatos, of Idaho, was released by the Lincoln County District Attorney’s Office Friday.

Warning. The following video is graphic.

SEE THE MEDIA RELEASE

Previous Coverage:

New details in officer-involved shooting in Lincoln City

Officers use deadly force in Lincoln City

 

 

Summer Reading Club at Driftwood Public Library

Driftwood Library

For many years Driftwood Public Library has hosted a reading program each summer to encourage children, teens, and adults alike to read for pleasure over the summer months. Traditionally this has included tracking reading to earn prizes, entering into end-of-summer grand prize drawings, special teen programming, and weekly family nights in which the community is entertained by storytellers, puppet shows, educators, and a host of other performers on Wednesday evenings. This year COVID-19 has presented a challenge for this programming, but library staff have been hard at work devising innovative and creative new ideas for Summer Reading Club 2020!

All ages can participate in the library’s 2020 Summer Reading Program, “Imagine Your Story”, by signing up and setting reading goals. You can then play a fun Bingo game or track reading, earning either a cool interactive t-shirt or, for adults, a printed tote bag. Just by signing up you will be entered into drawings for grand prizes at the end of summer.

The easiest way to register is by visiting our website at www.driftwoodlib.org. Once you’ve filled out the online form for each member of the family and set your reading goals, you can print out a Bingo Card or tracking sheet and begin your summer reading adventure! For those who cannot access our website, we will also be handing out materials through the Taft High Mealsite Drive-up, The Art Packs program through the Lincoln City Cultural Center, and via The Lincoln City News-Guard and Oregon Coast Today. If none of these options work, give the library a call and we’ll get you signed up over the phone and mail you the materials you need!

Other libraries throughout Lincoln County will be holding their own summer reading programs, so please support your home library by contacting them if you wish to participate. Age appropriate books, audio books, eBooks, and graphic novels count towards prizes; magazines, newspapers, and the backs of cereal boxes do not.

Summer Reading Club is sponsored by The Friends of Driftwood Library, The Driftwood Library Foundation, and Lincoln County Library District. For more information please call 541-996-2277 M-F 10:00 a.m. – 5:00 p.m. or email [email protected].