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  • 26 Feb 2024 4:10 PM | PLSO Office (Administrator)

    Oregon’s engineers, architects and land surveyors thank the Senate for passingSenate Bill 1575, urge quick action in House

    SALEM, Ore. — Today, the Oregon Senate passed Senate Bill 1575 to end unfair contract practices in public sector projects that harm small businesses, particularly emerging, women and minority owned businesses. The bill now heads to the House for further consideration.

    “Oregon’s engineers, architects and land surveyors care deeply about our communities, which is why we invest in our local economy, creating jobs and building affordable housing for Oregonians,” said Alison Davis, Executive Director of American Council of Engineering Companies of Oregon. “Passing Senate Bill 1575 would eliminate bad and unfair contract practices in the public sector and ensure everyone involved in a project pays their fair share of legal expenses. This isn’t about shirking responsibility – it’s about ensuring fairness so everyone is paying their own way and adequately protected by their insurance.”

    Oregon professional service contracts often require design professionals – including engineers, architects, surveyors, landscape architects and planners – to defend others involved in projects for legal claims or damages even though the design professional is not responsible. This “duty to defend” language is legally problematic, expensive and a barrier to entry for many small, emerging, women and minority owned businesses, and is uninsurable by professional liability insurance carriers. 

    “As a Hispanic woman who founded and owns a small engineering firm, I’m urging Oregon lawmakers to pass Senate Bill 1575, which will protect businesses like mine from state and local government’s unfair contract practices. It will also allow our industry to help Gov. Tina Kotek meet her affordable housing project goals,” said Tina Adams, Professional Engineer and President of Casso Consulting, Inc. “It’s hypocritical and patronizing that we should be forced to risk financial ruin by agreeing to a government contract to build affordable housing for the houseless people in our communities. It is particularly offensive that state and local governments require a 20% to 30% small business participation goal for public works projects but still allow their legal counsel and procurement officers to include this small business killer clause.”

    Businesses purchase liability insurance to protect themselves from legal harm. However, there is limited professional liability insurance available to engineers, architects and land surveyors that covers the legal expenses for others involved in construction projects. This leaves Oregon’s design professionals stuck in an unfair situation with no way to protect themselves other than to unfairly assume the risk and hope for the best or forgo designing projects. Often, design firms do make the tough decision to walk away from contracts, but they cannot walk away every time. When designers are compelled to sign these agreements, they are committing their business assets to pay these costs, regardless of fault. Because these risks are significant, and potentially catastrophic, the result is fewer firms seeking such work at a time when the Governor has prioritized affordable housing projects.

    SB 1575, introduced by state Sens. Floyd Prozanski and Kim Thatcher, would require each party to a construction contract be responsible for their own negligence or fault. This means parties will pay damages based on the actual liability, rather than mere alleged liability, allowing them to purchase the proper insurance and compete on an even playing field.

    Oregon is home to more than 100 engineering and surveying businesses, which employ nearly 4,000 people. With Senate passage of SB 1575, Oregon is one step closer to joining California, Colorado, Utah and Washington in having laws stating a design professional will only be responsible for defense costs to the proportionate extent of their liability or fault. The bill will now be considered in the 


  • 21 Sep 2023 11:00 AM | PLSO Office (Administrator)

    WASHINGTON – The U.S. Department of Labor today announced the issuance of the final rule “Updating the Davis-Bacon and Related Acts Regulation” to update regulations that implement the Davis-Bacon Act and Davis-Bacon and Related Acts to reflect better the needs of construction workers on federal construction investments.

    The announcement follows a Notice of Proposed Rulemaking on March 18, 2022, which received comments from construction industry and labor stakeholders that helped inform the regulatory updates. The updates are the most comprehensive in decades.

    The final rule provides greater clarity and enhances the DBRA regulations’ effectiveness in the modern economy. These updates strengthen and streamline the process for setting and enforcing wage rates on federally funded construction projects to make sure that federal government infrastructure investments are also investments in U.S. workers.

    “Modernizing the Davis-Bacon and Related Acts is key to making sure that the jobs being created under the Biden-Harris administration’s Investing in America agenda are good jobs, and that workers get the fair wages and benefits they deserve on federally funded constructions projects across the nation,” said Acting Secretary of Labor Julie Su. “This updated rule will create pathways to the middle class for more families and help level the playing field for high-road employers because companies who exploit their workers, or who don’t pay workers fairly, should never have a competitive advantage.” 

    The final rule’s regulatory changes improve the department’s ability to administer and enforce DBRA labor standards more effectively and efficiently. These changes include the following:

    • Creating new efficiencies in the prevailing wage update system and making sure prevailing wage rates keep up with actual wages which, over time, would mean higher wages for workers.
    • Returning to the definition of “prevailing wage” used from 1935 to 1983 to ensure prevailing wages reflect actual wages paid to workers in the local community.
    • Periodically updating prevailing wage rates to address out-of-date wage determinations.
    • Providing broader authority to adopt state or local wage determinations when certain criteria are met
    • Issuing supplemental rates for key job classifications when no survey data exists.
    • Updating the regulatory language to better reflect modern construction practices.
    • Strengthening worker protections and enforcement, including debarment and anti-retaliation provisions.

    The DBRA requirements apply to an estimated tens of billions of dollars in federal and federally assisted construction spending each year and provide minimum wage rates for hundreds of thousands of U.S. construction workers. The department expects a significant increase in the numbers of industry workers due to the historic investments in federally funded construction projects made possible by legislation such as the Infrastructure Investment and Jobs Act.

    “In light of recent investments in our nation’s infrastructure, modernized regulations are more important than ever to ensure fair wages and benefits for the workers who build and repair our roads, bridges, federal buildings and energy infrastructure,” said Principal Deputy Wage and Hour Division Administrator Jessica Looman. “They will help set correct wage rates for workers on these federally funded construction projects that better reflect the realities of today’s labor market.”

    New federal investments will support projects related to clean energy, power and water infrastructure improvements, legacy pollution remediation, and renovation to the nation’s broadband and transportation infrastructures.

    The DBRA’s purpose is to ensure employers on federally funded or assisted construction projects pay locally prevailing wages to construction workers and to prevent the unintended consequence of depressing workers’ wages during the government’s construction contracting activity.

    The final rule will be effective 60 days after its publication in the Federal Register. Learn more about the final rule to modernize Davis-Bacon Act regulations.

    Learn more about DBRA worker protections or the Wage and Hour Division. You may also call toll-free 1-866-4US-WAGE to speak directly and confidentially to a trained Wage and Hour Division professional. The division protects workers regardless of where they are from and can communicate with workers in more than 200 languages.


  • 18 Jul 2023 11:34 AM | PLSO Office (Administrator)

    BLM is excited to announce the newly released Cadastral Surveying Classroom Investigation - Secondary School Teaching Guide

    Classroom Investigations Teaching materials address topics related to the programs and mission of the BLM, and are targeted to learners in secondary schools.

    An excerpt from the introduction: Students will apply cadastral surveying knowledge, history, and techniques to their school environment. From its three activities, students will:

    1. Describe how and why Congress developed the Public Land Survey System, define land tenure and public domain in the United States, and discuss how public domain, land tenure, and the Public Land Survey System shaped the United States.
    2. Understand the basic design of the Public Land Survey System, interpret aliquot descriptions of land, and map a location in their classroom using an aliquot description.
    3. Review surveying methods and tools, calculate acreages and angles using survey computations, and map an area at their school using survey computations.

    Through this teaching guide, students will learn how the development of the Public Land Survey System was vital to the establishment of land ownership and government revenue in the early days of the United States. They will also learn how the survey system promoted European-American settlement in newly acquired areas of the country. The lessons will introduce students to public domain, the Public Land Survey System, and surveying methods and tools. Students will use surveying techniques to map their classrooms and to practice being a surveyor for a day. They will also complete calculations using measurements from the survey system.

    Although designed for middle school students, the unit can be adapted for high school and upper elementary levels. Students engage in diverse cognitive skills such as speaking, drawing, interpreting graphics, problem solving, and teaching roles as they progress through the unit.

    The unit supports innovative strategies in education, such as:
    ● Social and emotional learning: Students participate in small groups in which they work together, listen and speak to one another, and collaborate.
    ● Interdisciplinary instruction: As they progress through the unit, students define and discuss the historical background of the Public Land Survey System, interpret aliquot descriptions of land, and map an area at their school using survey computations.

    The curriculum is flexible. It can be adapted so each activity in the unit takes one 45-minute class period, for a total of three class periods. The activities work best as a collective unit that progresses from Public Land Survey System development, to describing surveyed lands, to being a surveyor for a day.

    Click for the guide:

    https://www.blm.gov/sites/default/files/docs/2023-05/Classroom%20Investigation%20Cadastral%20Surveying.pdf

  • 07 Jul 2023 12:02 PM | PLSO Office (Administrator)

    By Darrell W. Fuller, PLSO Lobbyist [Click to where July eNews left off]

    LEGISLATIVE UPDATE

    It will take a few weeks -- perhaps longer -- to really understand what happened in the Capitol DMZ that was the final days of the 82nd Legislative Assembly.

    News stories, legislators, reporters, lobbyists, and pundits alike have been using words like “turbulent”, “frantic”, “rancor”, “chaotic”, “exasperating” and “tumultuous”. Here are some of the better stories if you’d like to do a deeper dive in to our political dysfunction:

    One of the Governor’s highest priority bills – HB3414 – died in the final day of the session. It was a centerpiece of her drive to combat homelessness. You can read more here. Even a crime victim nonprofit inadvertently (apparently) lost funding. You can read more here.

    This session was the most frustrating I’ve endured in my thirty years of Oregon politics (sheesh, I’m really old). Not because of the historic walk out by Senate Republicans, but because they returned. Whether you think they should, or should not, have walked out, the move killed everything in the legislative pipeline – good and bad. And, there was definitely more bad than good. But it only worked if they stayed out. And they didn’t.

    The walk out was generally based on gun rights, abortion, and “gender affirming care”. These are not business issues, nor PLSO issues. But when the Senate GOP cut a deal to return, some bad business bills which might have been dead prior to the walkout quickly moved from the dustbin to the fast track. And PLSO was victimized -- twice.

    One bill PLSO strongly opposed – HB3187 relating to Certified Water Rights Examiners – would have died if the Republicans had stayed out. But once they returned, the spigot was turned on as Senate Republicans apparently agreed to let bills on their “bad bill” list pass through the process (HB3187 was on the Senate Republican bad bill list at one time. We weren’t told when it was negotiated away).

    Supporters of HB3187 went a step further to ensure their success, adding the text of HB3187 as part of a 50-page amendment to House Bill 2010. HB2010 – relating to water – started out as a nine-line bill to study water issues (we call them “placeholder” bills). At 11:16 AM on June 8th, the 50-page amendment was published. Less than two hours later, the amendment was adopted by a Ways & Means Subcommittee. I don’t even track bills “relating to water” for PLSO. Pure and simple, we (I) got rolled, and then rolled again.

    The faint silver lining for HB3187 and HB2010 is the new law does include a 2027 “sunset” clause. That means the law expires in 2027. So, the legislature will need to reauthorize it. We have between now and 2027 to work on the issue through OSBEELS and our Legislative Committee.

    Adding insult to injury, another bill – this time one PLSO supported – Senate Bill 848 (protection from duty to defend provisions in certain contracts), was left in the dustbin. SB848 had no known opposition. It was a hard-fought compromise. It was bipartisan. It was championed by the Chair of the Senate Judiciary Committee (Senator Floyd Prozanski). But the bill ended up in Ways & Means and did not make it onto the list of bills to be “worked” at the end of the session. I think this bill has a chance of success during next year’s short 35-day session in February. Stay tuned.

    Such a frustrating session.

    The 82nd Oregon Legislative Assembly began on January 9, 2023 with fanfare and new leadership. The Constitution required them to finish by midnight, June 25th. They beat the clock by about six hours, leaving the still-under-construction-Capitol with plenty of bumps and bruises. It wasn’t pretty.

    During the Session, lawmakers introduced 2,970 bills, memorials, and resolutions. Of those, 697 were passed by both Chambers.

    With this report are two PDFs. One includes all the bills I tracked specifically for PLSO (I added HB2010 even though I hadn’t been tracking it), one lists the general business bills I tracked on behalf of all my clients.

    PLSO PRIORITY BILLS

    On behalf of PLSO, I follow bills which will, or may, have an impact on land surveyors. I also track bills with a general impact on business in Oregon. Below are links to both the industry-specific bills I tracked, and the general businesses bills I tracked. Here is some information on just a few of the major bills of interest:

    House Bill 2029 / Bill Information

    Summary: Increases minimum type size for instruments presented for recording to county clerk.

    Relating To: Relating to instruments presented for recording to county clerk.

    Status: 3/24/23 H          Chapter 3, (2023 Laws): Effective date January 1, 2024.

    House Bill 2010-A / Bill Information

    Summary: Directs Oregon Watershed Enhancement Board to establish program to provide grants to water suppliers. Details of bill include making certain changes related to requirements for certification as a water rights examiner.

    Relating To: Relating to water; and declaring an emergency.

    Status: 6/25/23 - Effective date January 1, 2024.

    House Bill 2057 / Bill Information

    Summary: Makes contractor jointly and severally liable in civil or administrative action for unpaid wages, including other benefit payment or contributions] of unrepresented employee of subcontractor at any tier. Provides statute of limitations for actions regarding recovery for unpaid and overtime wages. Permits third party owed payment or contribution made as part of employee compensation to bring action against contractor on behalf of employee for unpaid wages. Requires subcontractor to provide certain payroll records and other information to contractor upon request. Permits contractor to withhold payment to subcontractor for failure to comply with request for records under certain circumstances. (Bold added by amendment, italic deleted by amendment from original bill)

    Relating To: Relating to wages.

    Status: 6/25/23 – At President’s desk upon adjournment, Sine Die. Dead for this session.

    House Bill 3187 / Bill Information

    Summary: Makes individuals who possess relevant technical experience and are employed seven or more years by certain types of districts, and certain types of registered professionals, eligible to apply for certification as water right examiners. Sunsets July 1, 2027.

    Relating To: Relating to water right examiners.

    Sponsors: Rep Owens, Rep Helm

    Status: 6/28/23 - Effective date January 1, 2024.

    House Bill 3362 / Bill Information

    Allows county to validate unit of land that had been approved for recognition that was later revoked after sale to innocent purchaser. Sunsets January 2, 2025. Until April 1, 2024, allows additional appeals to Land Use Board of Appeals challenging certain [template dwelling] land use approvals based on forgery for noninnocent purchasers.

    Relating To: Relating to validation of unit of land acquired by innocent purchaser; amending ORS 92.176.

    Status: 6/28/23 - Effective date January 1, 2024.

    Senate Bill 304 / Bill Information

    Summary: Establishes Task Force on Occupational Licensing. Directs task force to study value of occupational licensing regulatory agency. Permits task force to presession file legislation. Requires task force to report to Legislative Assembly. Sunsets December 31, 2024. Takes effect on 91st day following adjournment sine die.

    Relating To: Relating to a task force on occupational licensing; and prescribing an effective date. Sponsors: Sen Dembrow, Sen Jama

    Status6/25/23 S - In committee upon adjournment, Sine Die. Dead for 2023.

    Senate Bill 848 / Bill Information

    Summary: Extends provision relating to indemnification provisions in construction agreements to all types of damages. Provides that extent of obligation of person providing certain services to defend, indemnify or hold harmless another may be determined only after person's liability or fault is determined by adjudication or alternative dispute resolution or otherwise resolved by mutual agreement.

    Relating To: Relating to construction agreements; creating new provisions; and amending ORS 30.140.

    Status6/25/23 S - In committee upon adjournment, Sine Die. Dead for 2023.

    If you have questions about this report, or anything related to the Legislative Session, politics, policy, regulatory enforcement, or the upcoming elections in 2024, reach out to me at your convenience.

    Darrell Fuller has been a lobbyist since 1996. He started his career in politics and policy as an intern in the Capitol in 1987. You can reach him at fuller_darrell@yahoo.com, or at 971-388-1786.


  • 09 Jun 2023 9:26 AM | PLSO Office (Administrator)
    By Darrell W. Fuller
    PLSO Lobbyist

    FEDERAL UPDATE

    The U.S House Agricultural Committee held a “listening session” in Albany on Friday, June 2nd, to take testimony on the 2023 Farm Bill. Two Oregon members of Congress – Lori Chavez-DeRemer (R-5th) and Andrea Salinas (D-6th) sit on the Agriculture Committee.

    Working with NSPS Lobbyist JB Byrd and PLSO Lobbyist Darrell Fuller, local Professional Land Surveyor Tony Brooks provided testimony on behalf of surveyors during the hearing. NSPS is lobbying members of the Agricultural Committee to include the BASE Mapping Act as an amendment to the 2023 Farm Bureau. Both before and after the hearing, Brooks and Fuller met with members of the Congress attending the hearing (including Chair Glenn “GT” Thompson from Pennsylvania, and two visiting Members from California, Doug LaMalfa and David Valadao) to answer questions.

    PLSO members also lobbied for the BASE Mapping Act and FEMA NFIP during a trip to Washington, DC in late March. NSPS Director from Oregon, Pat Gaylord, joined Brenton Griffin, Ben Stacy and Fuller to visit Oregon’s delegation of Senate and House Members. It was a very productive trip.

    OREGON LEGISLATURE

    The 82nd Assembly of the Oregon Legislature began on January 9, 2023. The Constitution requires them to finish by June 25th. But the session appears to have ended in early May when Senate Republicans started a “work stoppage” or strike. By refusing to attend the daily floor sessions to vote on potential legislation, Senate Republicans have brought the Capitol to a screeching halt. Democrats, who have a commanding majority in the Senate (and the House), do not have enough members to constitute a quorum to do business. So, when the Republicans walk out, the Democrats can’t do anything.

    At this point, it appears the Republicans will stay until, forcing the session to end with no budget and hundreds of bills dying without final action on the Senate floor. Lacking a budget, the Legislature will need to return at some point to pass a budget – the only constitutional obligation of the Assembly. Earlier this year, the Legislature did pass a Continuing Resolution which allows the government to continue operating without a new budget (the fiscal year begins July 1st) until September 30th.

    Without getting into the reasons for the walkout, which have nothing to do with land surveying or business-related issues, the walkout does impact issues of import to surveyors. It is best to categorize it as “good news/bad news”.

    The good news is the walkout has effective killed House Bill 3187 (see below), which would have allowed someone who is not a surveyor, engineer or geologist sit for the CWRE test. This is bad public policy and PLSO and ACEC were in the pitched battle to stop the bill from becoming law.

    The bad news is the walkout has also frozen Senate Bill 848 (also see below), which PLSO has been working on for years. SB848 would have protected design professionals from some so-called Duty to Defend provisions in contracts. SB848 was carefully negotiated and no opposition. It is in the queue to pass without opposition, but only if Republicans return before the June 25th deadline.

    I don’t have any special “insider” information, but my prediction at this point is the session ends June 25th, the politicians all go home to celebrater Independence Day and after a cooling off period (tensions are pretty high at the Capitol right now), staff and leadership will begin looking for a path forward. Then, they will return in late August or early September to adopt a consensus budget (before the September 15 shut down deadline). The special session may also include a small number of bills. But this is truly just a guess. It is possible an agreement will be reached before the June 25th deadline.

    PLSO PRIORITY BILLS

    On behalf of PLSO, I follow bills which will, or may, have an impact on land surveyors. I also track bills with a general impact on business in Oregon. Below are links to both the industry-specific bills I am tracking, and the general businesses bills I am tracking. Here is some information on just a couple of the major bills of interest:

    House Bill 3187 / Bill Information

    Summary: Makes individuals who possess relevant technical experience and are employed seven or more years by certain types of districts, and certain types of registered professionals, eligible to apply for

    certification as water right examiners. (Bold added by amendment, italic deleted by amendment from original bill)

    Relating To: Relating to water right examiners; amending ORS 537.797 and 537.798.

    Status:

    5/30/23 S           Recommendation: Do pass with amendments to the A-Eng. bill. (Printed B-End.)

    5/17/23 S           Work Session held (bill amended and passed out of committee)

    4/19/23 S           Public Hearing held (PLSO testified against the bill).

    3/31/23 S           Referred to Natural Resources.

    3/28/23 S           First reading. Referred to President's desk.

    3/27/23 H           Third reading. Carried by Owens. Passed.

    3/23/23 H           Rules suspended. Carried over to March 27, 2023 Calendar.

    3/22/23 H           Second reading.

    3/21/23 H           Recommendation: Do pass with amendments and be printed A-Engrossed.

    3/14/23 H           Work Session held.

    2/14/23 H           Public Hearing held.

    2/2/23   H           Referred to Agriculture, Land Use, Natural Resources, and Water.

    2/2/23   H           First reading. Referred to Speaker's desk.

    Senate Bill 848 / Bill Information

    Summary: Extends provision relating to indemnification provisions in construction agreements to all types of damages. Provides that extent of obligation of person providing certain services to defend, indemnify or hold harmless another may be determined only after person's liability or fault is determined by adjudication or alternative dispute resolution or otherwise resolved by mutual agreement.

    Relating To: Relating to construction agreements; creating new provisions; and amending ORS 30.140.

    Status:

    4/12/23 S           Referred to Ways & Means by order of the President.

    4/12/23 S           Recommendation: Do pass with amendments and be referred to Ways & Means.

    4/3/23 S             Work Session held.

    3/1/23 S             Public Hearing held.

    2/23/23 S           Public Hearing Cancelled.

    2/3/23 S             Referred to Judiciary.

    2/2/23 S             Introduction and first reading. Referred to President's desk.

    Darrell Fuller has been a lobbyist in Salem since 1996. He can be reached by phone at 971-388-1786 and by email at fuller_darrell@yahoo.com.


  • 25 May 2023 4:39 PM | PLSO Office (Administrator)

    The Chairman of the U.S. House Committee on Agriculture, Republican Rep. Glenn "GT" Thompson (PA-15), will host a Farm Bill listening session in Albany, Oregon, on Friday, June 2nd at 10:30 AM. It will be held in The Forum at the Linn-Benton Community College. Land Surveyors play an important role in Agriculture, and we need to speak up during this important Listening Session.

    Mr. Thompson will be joined by Republican Rep. Lori Chavez-DeRemer (OR-05) and Democratic Rep. Andrea Salinas (OR-06), along with bipartisan Members of the House Committee on Agriculture. The event will bring together farmers, ranchers, producers, agribusiness owners, and more to solicit public feedback—an integral part of the Farm Bill reauthorization process. All members of the Committee have been invited to participate as well as the Oregon Congressional delegation. 

    Land Surveyors able to attend the Listening Session can register to provide input during the meeting here (you will be limited to two minutes, but the link also has an email address to which you can send written comments even if you don’t attend in person). Signing up is not a guarantee you will be called to offer comments during the meeting. However, if you can attend and are willing to offer comments on behalf of PLSO, here are some brief “talking points”:

    1. Thank you for coming to Oregon. Agriculture is important to our state and updated land surveying data is vital to our farming communities;
    2. Obtaining current survey data is crucial to farming because it can be used to create efficiencies (and also provides vital data for fire mitigation, erosion control, water storage, and flood mapping);
    3. While most of the U.S. has already been mapped to 3DEP standards, large portions of rural Oregon have yet to be mapped;
    4. When mapping is done, the data is available to the Federal government, state and local governments, and the private sector, including farmers and ranchers, so there is high return on the Federal investment in updated survey mapping; and
    5. Professional Land Surveyors across the country visited Washington, DC, in March asking members of Congress to sponsor and support the Broadband Asset Surety Enhancement Mapping Act, or the BASE Mapping Act. I am asking you all to READ the BASE Mapping Act information sent to your office and to make it one of your priorities for inclusion in the 2023 Farm Bill.

    If you can’t attend, please consider using the link to email comments to the committee.

    Click here to see the DRAFT language for the BASE Mapping Act.

    If you plan to attend, will you please let our lobbyist, Darrell Fuller, know? You can email him at fuller_darrell@Yahoo.com. And, if you have any questions, he will be happy to help. You can also reach him by phone at 971-388-1786.


  • 10 May 2023 1:14 PM | PLSO Office (Administrator)

    UESI Surveying and Geomatics 2024 Conference  - Call for Abstracts Now Open

    The Call for Abstracts for the UESI Surveying and Geomatics 2024 Conference is now open. With the theme of "Surveying: the Foundation for Geospatial Data Fusion," this will be a valuable event for professional surveyors, engineers and academics practicing and researching in professional surveying and geomatics.

    Taking place in beautiful and historic Corvallis, Oregon, June 2 – 4, 2024, this conference is a joint effort of UESI, Oregon State University, SaGES and AAGS. Submit your abstract by June 30. Abstracts for presentations and panel sessions are being accepted.

    LEARN MORE AND SUBMIT ABSTRACT


  • 10 Apr 2023 10:05 PM | PLSO Office (Administrator)

    By Darrell W. Fuller | Lobbyist [CLICK TO GO TO WHERE NEWSLETTER LEFT OFF]

    The 82nd Assembly of the Oregon Legislature began on January 9, 2023. As April begins, don’t expect to see Rihanna strutting around the state Capitol like she did at the Super Bowl Half Time Show, but be assured, it is half time in Salem.

    OREGON LEGISLATURE

    BY THE NUMBERS

    4,922: Number of bills which have been introduced since the start of the Legislative Session. About half of them died in Committee on April 4th which was “moving day”. Bill had to move out of their original committee or they were dead for this year (the deadline doesn’t count for bills in Ways & Means, Revenue and Finance, Transportation or Rules – that’ a lot of bills).

    160: Number of days in the Session. Wednesday, April 5th was day 80th day.

    17th: The day in May when state budget analysts will tell lawmakers how much money they have to spend on the 2023-25 biennial budget. That budget forecast will be the clarion call for the rush to finish the session by the Constitutional June 25th deadline.

    340: Number of bills I was tracking for all my clients prior to the committee deadline.

    230: Number of bills I am now tracking for my clients.

    (Hat tip to reporter extraordinaire Dick Hughes and his Capital Chatter column at OregonCapitalInsider.com for some of the numbers.)

    PLSO PRIORITY BILLS

    On behalf of PLSO, I follow bills which will, or may, have an impact on land surveyors. I also track bills with a general impact on business in Oregon. Below are links to both the industry-specific bills I am tracking, and the general businesses bills I am tracking. Here is some information on just a couple of the major bills of interest:

    House Bill 2029 / Bill Information

    Summary: Increases minimum type size for instruments presented for recording to county clerk.

    Relating To: Relating to instruments presented for recording to county clerk.

    Status:

    3/24/23 H           Chapter 3, (2023 Laws): Effective date January 1, 2024.
    3/13/23 H           Governor signed.
    3/7/23   S           President signed.
    3/6/23   H           Speaker signed.

    House Bill 2057 / Bill Information

    Summary: Makes contractor jointly and severally liable in civil or administrative action for unpaid wages, including other benefit payment or contributions] of unrepresented employee of subcontractor at any tier. Provides statute of limitations for actions regarding recovery for unpaid and overtime wages. Permits third party owed payment or contribution made as part of employee compensation to bring action against contractor on behalf of employee for unpaid wages. Requires subcontractor to provide certain payroll records and other information to contractor upon request. Permits contractor to withhold payment to subcontractor for failure to comply with request for records under certain circumstances. (Bold added by amendment, italic deleted by amendment from original bill)

    Relating To: Relating to wages.

    Status:

    4/5/23   H           Rules suspended. Carried over to April 6, 2023 Calendar.

    4/4/23   H           Second reading.

    4/3/23   H           Recommendation: Do pass with amendments and be printed A-Engrossed.

    3/27/23 H           Work Session held.

    3/8/23   H           Public Hearing held.

    1/11/23 H           Referred to Business and Labor.

    1/9/23   H           First reading. Referred to Speaker's desk.

    House Bill 2213 / Bill Information

    Summary: Changes minimum contract price at which prevailing rate of wage applies to public works projects from $50,000 to amount Commissioner of Bureau of Labor and Industries specifies by rule. Provides that commissioner shall set contract price at $100,000 for year ending on December 31, 2024, and each year by March 31 must specify new contract price that reflects percentage change in U.S. City Average Consumer Price Index for previous calendar year. Takes effect on 91st day following adjournment sine die.

    Relating To: Relating to an increase in the contract price at which the prevailing rate of wage applies to a contract for public works; creating new provisions; amending ORS 279C.810; and prescribing an effective date.

    Sponsors: Rep Smith DB, Rep Morgan

    Status:

    DEAD FOR THIS SESSION

    House Bill 3187 / Bill Information

    Summary: Makes individuals who possess relevant technical experience and are employed seven or more years by certain types of districts, and certain types of registered professionals, eligible to apply for

    certification as water right examiners. (Bold added by amendment, italic deleted by amendment from original bill)

    Relating To: Relating to water right examiners; amending ORS 537.797 and 537.798.

    Status:

    4/12/23 S           Public Hearing Scheduled.

    3/31/23 S           Referred to Natural Resources.

    3/28/23 S           First reading. Referred to President's desk.

    3/27/23 H           Third reading. Carried by Owens. Passed.

    3/23/23 H           Rules suspended. Carried over to March 27, 2023 Calendar.

    3/22/23 H           Second reading.

    3/21/23 H           Recommendation: Do pass with amendments and be printed A-Engrossed.

    3/14/23 H           Work Session held.

    2/14/23 H           Public Hearing held.

    2/2/23   H           Referred to Agriculture, Land Use, Natural Resources, and Water.

    2/2/23   H           First reading. Referred to Speaker's desk.

    THIS IMPORTANT BILL IS IN PLAY. THE 4/12 HEARING SCHEDULED HAS BEEN POSTPONED. PLSO AND ACEC ARE OPPOSED. WATCH YOUR EMAIL FOR MORE INFORMATION.

    House Bill 3362 / Bill Information

    Summary: Allows city or county to validate unit of land that had been approved for creation or recognition that was later revoked after sale to innocent purchaser.

    Relating To: Relating to validation of unit of land acquired by innocent purchaser; amending ORS 92.176.

    Status:

    4/4/23   H           Public Hearing and Work Session held.

    2/28/23 H           Referred to Agriculture, Land Use, Natural Resources, and Water.

    2/21/23 H           First reading. Referred to Speaker's desk.

    A LAST MINUTE HEARING AND AMENDMENT ADOPTED DURING THE WORK SESSION HAS KEPT THIS BILL ALIVE. STAY TUNED.

    Senate Bill 304 / Bill Information

    Summary: Establishes Task Force on Occupational Licensing. Directs task force to study value of occupational licensing regulatory agency. Permits task force to presession file legislation. Requires task force to report to Legislative Assembly. Sunsets December 31, 2024. Takes effect on 91st day following adjournment sine die.

    Relating To: Relating to a task force on occupational licensing; and prescribing an effective date. Sponsors: Sen Dembrow, Sen Jama

    Status:

    3/10/23 S           Referred to Ways and Means by prior reference.

    3/10/23 S           Recommendation: Do pass with amendments and be referred to Ways and Means by prior reference. (Printed A-Eng.)

    3/7/23   S           Public Hearing and Work Session held.

    2/7/23   S           Public Hearing held.

    1/31/23 S           Public Hearing held.

    1/13/23 S           Referred to Labor and Business, then Ways and Means.

    1/9/23   S           Introduction and first reading. Referred to President's desk.

    THE REFERRAL TO WAYS AND MEANS KEEPS THIS BILL ALIVE UNTIL THE END OF SESSION

    Senate Bill 848 / Bill Information

    Summary: Extends provision relating to indemnification provisions in construction agreements to all types of damages. Provides that extent of obligation of person providing certain services to defend, indemnify or hold harmless another may be determined only after person's liability or fault is determined by adjudication or alternative dispute resolution or otherwise resolved by mutual agreement.

    Relating To: Relating to construction agreements; creating new provisions; and amending ORS 30.140.

    Status:

    4/3/23 S             Work Session held.
    3/1/23 S             Public Hearing held.
    2/23/23 S           Public Hearing Cancelled.
    2/3/23 S             Referred to Judiciary.
    2/2/23 S             Introduction and first reading. Referred to President's desk.

    AN AGREEMENT BETWEEN DESIGN PROFESSIONALS, TRIAL LAWYERS, AND AGC WILL MOVE THIS AMENDED BILL THROUGH THE PROCESS WITH A PARTIAL VICTORY

    STATE LEGISLATIVE WRAP UP FOR NOW

    The politicians can see the light at the end of the tunnel. April snow brings May flowers, or something like that. But warm weather also gives the politicians a sense of cabin fever. Keep your eyes open for monthly updates. In the meantime, please stay tuned. PLSO will send urgent updates if your help is needed in Salem. Your email, or phone call, could be pivotal in the success or failure of legislation. If you would like to visit with me, just reach out.

    CONGRESSIONAL UPDATE

    A delegation of five Oregonians visited Washington, DC, in late March to lobby Oregon’s two U.S. Senators and our six Members of the U.S. House of Representatives. As your lobbyist, I was pleased to be a part of the PLSO delegation. I assisted with scheduling appointments and helping our surveyors navigate Capitol Hill. Our delegation had meetings with all eight offices.

    The Oregon delegation was scheduled to have four in-person meetings (Congressmen Earl Blumenauer and Cliff Bentz, and Congresswomen Lori Chavez-DeRemer and Val Hoyle) and four staff-level meetings (Senators Merkley and Wyden, and Congresswomen Suzanne Bonamici and Andrea Salinas). Regrettably Congresswoman Hoyle tested positive for COVID the day before our meeting, so we ended up meeting with her staff as she quarantined at home.

    When it comes to surveying, Oregon has a powerhouse delegation. We can have an impact on the national level if we develop and leverage relationships. Congressman Cliff Bentz was a private practice attorney specializing in water law in Eastern Oregon prior to entering the world of politics, so he has deep knowledge of surveying, including LIDAR and 3DEP technologies. He now Chairs the Subcommittee on Water, Wildlife and Fisheries of the Natural Resources Committee. Congresswoman Val Hoyle also serves on Bentz’s Subcommittee.

    Congresswoman Chavez-DeRemer and Salinas are both Members of the Agriculture Committee. And Congresswoman Chavez-DeRemer is also a Member of the Infrastructure and Transportation Committee, which is a key to the surveying community. This is great news. The previous Chair of the Committee was Oregon Congressman Peter DeFazio, who has retired.

    We had very productive meetings. NSPS is hoping to add language to this year’s Farm Bill, which is in the Agriculture Committee (Chavez-DeRemer and Salinas). You can read about NSPS’s ask here. NSPS is also interested in getting the IMAGES Act introduced. You can read about it here. Because of his background in water law, Congressman Bentz had a robust discussion on specific provisions of the IMAGES Act, which was very exciting.

    Oregon’s two U.S. Senators are also in powerful positions, with Senator Wyden as Chair of the Finance Committee, and Senator Merkley on the Appropriations Committee (where tax dollars are spent).

    Darrell Fuller has been a lobbyist in Salem since 1996. He can be reached by phone at 971-388-1786 and by email at fuller_darrell@yahoo.com.

    DON’T FORGET: THE NUTS AND BOLTS OF HAVING AN IMPACT IN SALEM

    Do you know who your State Senator and State Representative are in Salem? You can input your address and find out here. Your business location may be represented by a different Senator and Representative, meaning you can have twice the impact. You should know who represents you, and how to reach them during the Legislative Session.

    Do you personally know any State Senator or State Representative (even if they don’t represent you)? Do you attend the same church? Are you members of the same Rotary Club? Do your kids go to school together, or play on the same team? An established relationship with a legislator can be extremely valuable. If you have that kind of relationship, will you please let me know ASAP? Thanks, my contact information is at the end of this report. 

    If you want to testify (in person or virtually) in support or opposition to any proposal at the Capitol, you can learn how by clicking here. If you would like to submit written testimony, you can learn how by clicking here. If you have questions or problems, feel free to contact me directly (my contact information is at the end of this report).

    If you would like to offer your perspective or expertise to PLSO on any of the proposals, please send your input to the PLSO office by emailing office@plso.org, or contact your Chapter Legislative Chair.

    You can also register to track specific bills so you will know if they are scheduled for action. You can learn more about that process here.


  • 08 Mar 2023 12:27 PM | PLSO Office (Administrator)

    Does your company have or want to create an internship program? A quality program can be a powerful recuiting tool for new graduates. Not only have you spent summers teaching them what you want your employees to know, you've already gotten to know each other. But what's important to remember is that an intern should not just be an entry level employee pounding hubs all summer because nobody else wants to do it. Internships are about creating the future workforce our profession needs to be successful. Think of it as a two to three month interview for both of you.

    Before hiring any intern you should put serious thought into envisioning the knowledge you want a new graduate to know and be able to accomplish their first year as a full time survey technician. Once you have that in mind, how are you going to ensure they learn how to do what you've outlined out under your internship program? To get started, here are some quick points to think about:

    • Timeframe: Have a clear start and end point with entry and exit surveys so you can measure how much they learned during their time with you. From that information you can refine your program each year.
    • Framework: Write down as many skills and experiences you think would be beneficial for an intern and then work them into an order that flows nicely, building skillsets naturally.
    • Establish an Intern Coordinator: Giving interns a point of contact and one person responsible for ensuring they get the most out of their experience is crucial.
    • Create a mentor or buddy system: Interns will already receive feedback from their senior supervisor. Creating a system where a more junior employee serves as a buddy to help answer questions can create a more relaxed environment.
    • Goals and check-ins: Make sure you both have a clear understanding of what you want out of the experience and then check-in often to see if all expectations are being met. Don't wait until the end of the program to communicate where you both came up short.
    • Stay in touch: You can keep teaching them what you want them to know, increasing their responsibility each year. Or simply staying in touch just might land you an amazingly well trained full-time employee.

    Send PLSO Your Internship Program Description and Contact Information

    Our state and community college program coordinators have asked that PLSO become a place for students to find out who has internship programs. Help us make that happen by sending us a short description and contact information that we can permantly keep on our website. Contact Aimee in the office at execdirector@plso.org.


  • 07 Mar 2023 5:28 PM | PLSO Office (Administrator)

    By Darrell W. Fuller | Lobbyist [CLICK TO WHERE eNEWS LEFT OFF]

    The 82nd Assembly of the Oregon Legislature began on January 9, 2023. As we rush into “Spring” (I used quotation mark since it is still snowing, after all), committees are soon to face their first big deadline of the session. And this deadline is a biggie.

    On or before St. Patrick’s Day, most committees must post final Work Sessions on all bills originating in that chamber. Work sessions are meetings where bills can be amended, and/or moved from the committee to the floor of that chamber for a final vote. If a bill is not on the schedule by March 17, it is dead for 2023. This deadline will dramatically reduce the number of bills under consideration this year.

    The posting deadline is followed rapidly by the last day to hold a work session on bills from the chamber of origin (Work Sessions on House Bill in House Committees and Work Sessions in Senate Committees on Senate Bills). That deadline is April 4th. Starting April 5th, Senate Committees may only work on House Bills and House Committees may only work on Senate Bills.

    This is government, so there are a myriad of exceptions to each of these rules.

    PLSO PRIORITY BILLS (SO FAR)

    On behalf of PLSO, I follow bills which will, or may, have an impact on land surveyors. I also track bills with a general impact on business in Oregon. Below are links to both the industry-specific bills I am tracking, and the general businesses bills I am tracking (so far). Here is some information on just a couple of the major bills of interest:

    House Bill 2029 / Bill Information

    Summary: Increases minimum type size for instruments presented for recording to county clerk. Relating To: Relating to instruments presented for recording to county clerk.

    Status:

    THIS BILL HAS PASSED THE SENATE AND HOUSE AND IS ON ITS WAY TO THE GOVERNOR FOR FINAL APPROVAL.

    3/6/23 H - Speaker signed.

    3/1/23 S - Third reading. Carried by Manning Jr. Passed.

    2/28/23 S - Carried over to 03-01 by unanimous consent.

    2/27/23 S - Second reading. 2/27/23 S - Recommendation: Do pass.

    2/21/23 S - Work Session held.

    2/16/23 S - Public Hearing held.

    2/3/23 S - Referred to Rules.

    2/2/23 S - First reading. Referred to President's desk.

    1/31/23 H - Third reading. Carried by Nosse. Passed.

    1/26/23 H - Second reading.

    1/25/23 H - Recommendation: Do pass.

    1/24/23 H - Work Session held.

    1/17/23 H - Public Hearing held. 1

    /11/23 H - Referred to Rules.

    1/9/23 H - First reading. Referred to Speaker's desk

    House Bill 2057 / Bill Information

    Summary: Makes contractor liable for unpaid wages, including other benefit payment or contributions of employee of subcontractor at any tier. Permits third party owed payment or contribution made as part of employee compensation to bring action against contractor on behalf of employee for unpaid wages. Requires subcontractor to provide certain payroll records and other information to contractor upon request. Permits contractor to withhold payment to subcontractor for failure to comply with request for records.

    Relating To: Relating to wages.

    Status:

    3/8/23 H - Public Hearing scheduled.

    1/11/23 H - Referred to Business and Labor.

    1/9/23 H - First reading. Referred to Speaker's desk

    (Do you know any of the committee members?)

    House Bill 2213 / Bill Information

    Summary: Changes minimum contract price at which prevailing rate of wage applies to public works projects from $50,000 to amount Commissioner of Bureau of Labor and Industries specifies by rule. Provides that commissioner shall set contract price at $100,000 for year ending on December 31, 2024, and each year by March 31 must specify new contract price that reflects percentage change in U.S. City Average Consumer Price Index for previous calendar year. Takes effect on 91st day following adjournment sine die.

    Relating To: Relating to an increase in the contract price at which the prevailing rate of wage applies to a contract for public works; creating new provisions; amending ORS 279C.810; and prescribing an effective date.

    Sponsors: Rep Smith DB, Rep Morgan

    Status:

    1/11/23 H - Referred to Business and Labor.

    1/9/23 H - First reading. Referred to Speaker's desk.

    House Bill 3362 / Bill Information

    Summary: Allows city or county to validate unit of land that had been approved for creation or recognition that was later revoked after sale to innocent purchaser.

    Relating To: Relating to validation of unit of land acquired by innocent purchaser; amending ORS 92.176.

    Status:

    2/28/23 H - Referred to Agriculture, Land Use, Natural Resources, and Water.

    2/21/23 H - First reading. Referred to Speaker's desk.

    Senate Bill 304 / Bill Information

    Summary: Establishes Task Force on Occupational Licensing. Directs task force to study value of occupational licensing regulatory agency. Permits task force to presession file legislation. Requires task force to report to Legislative Assembly. Sunsets December 31, 2024. Takes effect on 91st day following adjournment sine die.

    Relating To: Relating to a task force on occupational licensing; and prescribing an effective date. Sponsors: Sen Dembrow, Sen Jama

    Status:

    3/7/23 S - Public Hearing and Possible Work Session scheduled.

    2/7/23 S - Public Hearing held.

    1/31/23 S - Public Hearing held.

    1/13/23 S - Referred to Labor and Business, then Ways and Means.

    1/9/23 S - Introduction and first reading. Referred to President's desk.

    Senate Bill 848 / Bill Information

    Summary: Extends provision relating to indemnification provisions in construction agreements to all types of damages. Provides that extent of obligation of person providing certain services to defend, indemnify or hold harmless another may be determined only after person's liability or fault is determined by adjudication or alternative dispute resolution or otherwise resolved by mutual agreement.

    Relating To: Relating to construction agreements; creating new provisions; and amending ORS 30.140.

    THE PUBLIC HEARING ON MARCH 1ST WAS VERY PRODUCTIVE. THE CHAIR OF COMMITTEE IS HOLDING AN INFORMATION WORK GROUP HOPING TO FIND A COMPROMISE THAT CAN MOVE FORWARD THIS SESSION.

    Status:

    3/1/23 S - Public Hearing held.

    2/23/23 S - Public Hearing Cancelled.

    2/3/23 S - Referred to Judiciary.

    2/2/23 S - Introduction and first reading. Referred to President's desk.

    WRAP UP FOR NOW

    The politicians now have a full head of steam. Keep your eyes open for monthly updates. In the meantime, please stay tuned. PLSO will send urgent updates if your help is needed in Salem. Your email, or phone call, could be pivotal in the success or failure of legislation. If you would like to visit with me, just reach out.

    Darrell Fuller has been a lobbyist in Salem since 1996. He can be reached by phone at 971-388-1786 and by email at fuller_darrell@yahoo.com.

    DON’T FORGET: THE NUTS AND BOLTS OF HAVING AN IMPACT IN SALEM

    Do you know who your State Senator and State Representative are in Salem? You can input your address and find out here. Your business location may be represented by a different Senator and Representative, meaning you can have twice the impact. You should know who represents you, and how to reach them during the Legislative Session.

    Do you personally know any State Senator or State Representative (even if they don’t represent you)? Do you attend the same church? Are you members of the same Rotary Club? Do your kids go to school together, or play on the same team? An established relationship with a legislator can be extremely valuable. If you have that kind of relationship, will you please let me know ASAP? Thanks, my contact information is at the end of this report. 

    If you want to testify (in person or virtually) in support or opposition to any proposal at the Capitol, you can learn how by clicking here. If you would like to submit written testimony, you can learn how by clicking here. If you have questions or problems, feel free to contact me directly (my contact information is at the end of this report).

    If you would like to offer your perspective or expertise to PLSO on any of the proposals, please send your input to the PLSO office by emailing Aimee at execdirector@plso.org, or contact your Chapter Legislative Chair.

    You can also register to track specific bills so you will know if they are scheduled for action. You can learn more about that process here.


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