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.
