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
Status: 6/25/23 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.
Status: 6/25/23 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.
