Breaking Loose in Salem

Michael Dembrow

Friends and Neighbors,

June has come, and we begin our last four or five weeks of the 2015 Legislative session—we hope!  The Legislature is mandated by the state Constitution to finish its work by July 11.  Many of us have our fingers crossed that we can finish a little ahead of that deadline, but at this point it’s hard to say that this will be possible.  On the positive side, we received a revenue forecast that overall is good enough to avoid huge budget battles in these closing weeks—though there will still be many tough decisions to be made:  a huge number of policy bills stuck in Ways and Means awaiting final budget priority decisions.  Some of the bills that have been clogging up the works—notably, the paid sick leave bill—are starting to break loose and head down the road to passage. 

Among the high-profile bills that have been in the works for a long time, we’ve seen final passage of the bill requiring further background-checks for gun sales, a bill that kept us in a stalemate during the 2014 session.  But the jury is still out on two very high-profile issues: marijuana, and the transportation package that will provide much-needed repairs to our roads and bridges.  The former is caught up in controversies around the ability of local governments to ban the sale of marijuana in their jurisdictions despite the passage of M91 last November.  The latter is caught up in efforts by some to gut the Clean Fuels bill that we passed in the beginning of the session, efforts that are based on wild claims that the Clean Fuels programs will lead to a huge increase in the cost of gas—despite all evidence to the contrary in the places where it has been in effect.  Lots of behind-the-scenes action is underway on both the marijuana front and the transportation front. 

This week marks another of those session deadlines that are crucial markers for the fate of policy bills.  Any bill that has not been voted out of committee by the end of this week is dead for this session.  We in the Senate will be voting on the last of the bills coming over from successful passage in the House.  The great majority of these bills coming from the House were non-controversial fixes or improvements, but some of them were controversial in the House and they remain controversial in the Senate (and vice versa).   They have required major amendments to get to the point where they can make it to the floor of the second chamber, and some of them will never make it out of committee this session.

I’m happy to report that at this point all of my priority bills are still on track and will still be alive after this week.  I’ll let you know about a couple of them in this newsletter.

In this newsletter I also want to tell you about next weekend’s constituent coffee and our upcoming annual bike town hall.  I want to give you a report on the May revenue forecast and what it portends for the remainder of the session. 

As always, please let me know if you have any questions about any of the information in this newsletter, need help with navigating the legislative website, or have some advice to offer as we begin to navigate the crazy, difficult final days of the session.

June Constituent Coffees

coffee


There are two constituent coffees coming up this month! 

This Saturday the 6th at 9:00am, we’ll be at the Hollywood Senior Center (1820 NE 40th Ave.).  Hope to see you there!

Next weekend, on Saturday the 13th, Rep. Keny-Guyer and I will be hosting at Portland Mercado (7238 SE Foster Rd.) together, at 4:30pm.  I encourage you to join us, especially if you haven’t had a chance to check out the Mercado yet.  Their website is http://www.portlandmercado.com/.

7th Annual Bike Town Hall!

The SD 23 bike town hall is something Barbara, Alissa and I do once a year, and one of my favorite things as a bike enthusiast. This is the 7th edition of the ride, and this year we’ll be riding around the Lents neighborhood, touring lots of different things: from the Portland Mercado, to a community orchard, to the Belmont (now known as the Lents) goats! Lots of fun things to see, and we promise to stop for bathroom breaks and snacks along the way. The ride is just under 6 miles and we’ll be starting at the Portland Mercado at 12:30pm on Sunday, June 28th.  

Paid Sick Leave Heads to Passage

As I’ve mentioned in earlier newsletters, much of my time this session has been devoted to shepherding SB454, the Sick Leave for All Oregonians Act, through the legislative process.  It has been incredibly difficult, in part because of “the sky is falling” skepticism from business interests and in part because of legitimate concerns about potential harm if we don’t get it right.  So it has been very important to get the policy right, while lining up the votes for passage.  It has taken us 39 different drafts (!!!), but I believe we are finally there.  On Tuesday, the Human Services Subcommittee of Joint Ways and Means passed the bill to the full Ways and Means Committee, which will meet tomorrow.  If all goes as expected, we could see it pass both chambers early this month.

SB 454 has the potential to do great things for Oregonians all over the state.  There were powerful attempts to reduce the number of businesses that it would cover.  There were attempts to keep agricultural workers from being part of it (despite the incredibly arduous and vital work that they do).  There were attempts to connect it to bills that would prevent local governments from taking positive action on behalf of working families.  There were attempts to put things into it that would cause legislators to vote against it.  Fortunately, we’ve been able to fight back those efforts, and what is emerging is a plan that offers strong protections for workers and their families, while remaining as simple and easy for businesses to implement as possible.  It will be serve as a model for the nation as a whole.

Click here for an overview of the new state sick leave program that SB 454 will create.

Demolitions Bill Goes to House Floor

The House Health Care Committee passed SB 705—the bill requiring asbestos testing for houses facing demolition—out to the House floor last Friday.  The bill was amended at the request of several committee members who were concerned that very new houses, which are unlikely to contain asbestos, would also need to be tested.  The amendment charges the Environmental Quality Commission with writing rules that would clarify which houses, and which materials in those houses, would need to be tested.  This struck me as a very reasonable request and I was happy to have it included in the bill. 

The bill passed the Senate on a 22-8 vote, and I expect similar strong support in the House next week.  Once the session ends, we’ll start working on similar legislation regarding testing homes slated for demolition for lead paint.

A Very Special Revenue Forecast

Oregon’s state economist and his team presented the latest revenue projections and economic forecast to the revenue committees a couple of weeks ago.  We get these forecasts once a quarter.  They give us a snapshot of the state of the local and national economy, and they let us know how our tax revenues are lining up with expectations.  This particular forecast is particularly important because it’s the first one to come right after the April tax filing deadline, but even more so because it’s the last one before the beginning of the next budget biennium.  It’s the one that we will use to build the final state budget for 2015-17.

The report that we received this time was very positive, by far the most positive of any I’ve seen in my 6 years in the Legislature.  The economy in Oregon is steadily improving, and we’re starting to see the big growth outside of the Portland metro region.  Employment is up, and salaries are starting to rise.  Those at the upper end have benefited from the rising stock market and are reaping significant capital gains.  However, those at the bottom of the economic ladder are not seeing the benefit of that.  On the contrary, they are having an increasingly difficult time remaining self-sufficient even while working multiple jobs.

The upshot of the improved employment and capital gains is higher-than-projected state revenues in the current biennium, and in increase in what we can expect in 2015-17.  The rise in the current biennium is now projected to cause the kicker to kick (see the next section of the newsletter for more on the kicker), and the revenue for the next biennium is now projected to be $463 million higher than we thought it would be when the Governor’s proposed budget was drafted. 

This increase is great news for K-12 education.  It will allow us to fulfill our promise back in April when we passed a modest K-12 budget and said that 40% of any new money in the May forecast would go to K-12.  It will also allow us to fill some budget holes, freeing us from having to make some difficult cuts in the Human Services and Public Safety budgets.  It will allow us to put some money into savings.  And it will allow us to put around $150 million into important funding areas, such as career/technical education and community colleges, which will be critical to bringing people out of poverty.  I’ll try to keep you up to date on the exact priority decisions over the next few weeks.

Additional Information:

Office of Economic Analysis forecast documents

Office of Economic Analysis summary blog post

Here are some selected details from the report: 

  • Oregon’s economic recovery is stronger than the national recovery, and continues to be stable and growing in the short term. 
  • Wage and job growth is stronger than in most states, and this pace is expected to continue for another two years before slowing as the strongest phase of the economic recovery passes.  
  • Oregon’s unemployment rate has fallen to 5.4 percent after hovering closer to 7 percent for much of 2014 and the labor force has surged as more Oregonians are employed or actively seeking employment. Oregon has added 7,400 more jobs since the March 2015 forecast.  However, significant job polarization continues, as jobs are increasingly concentrated at high and low-wage ends of the spectrum, and middle wage jobs are shrinking as a share of all jobs.
  • We are seeing steady growth in the Portland metro region.  Outside of Portland, the percentage increases are much stronger, particularly in the Valley and in Bend—which were harder hit during the recession.  Our frontier counties are nearly all recovering, but at a much slower rate.
  • A $477.5 million personal income kicker is projected for 2015, largely due to very strong projected April 2015 tax filings from investment income and 2013 Special Session revenue increases ($185 million over the kicker threshold).  The revenue lost to the projected personal income tax kicker is felt mostly in the 2015-17 biennium.  
  • Calculations to determine if a kicker is triggered do not occur until July 2015.
  • A $61.3 million corporate kicker is projected to direct $61.3 million to K-12 funding (Thanks to Measure 85, 2012).
  • About $106 million of the increase will be dedicated to K-12 education under HB 5017, passed in April.
  • Risks to economic and revenue growth: In addition to uncertain national fiscal policy and growth, and the strength of the housing market recovery, drought and wildfire risks threaten rural economic growth and state revenue growth. The robust pace of recovery growth reflected in today’s forecast is only expected over the next two years, after which growth expectations are significantly reduced.
  • Lottery revenues are rising at a surprising rate, mostly the result of a new generation of video lottery machines.  The projected $4.2 million increase this biennium and $43.1 million next biennium is mostly the result of increased video lottery sales, which has accounted for about 85 percent of the all lottery earnings in the last three years.
  • One risk to the forecast is the uncertain impact of our current drought.  We’re on track to have another bad fire season, which will require us to dip into reserves. While we’re hoping to increase our investments in important water storage projects this session, the fruits of those investments won’t be seen for many years.  In the meantime, we could also see negative effects on agriculture.

Senate and House leadership are committed to building up our reserves to record levels to prepare for the expenses that we know we’ll have in 2017-19 due to the PERS decision and increasing Medicare costs.  Fortunately, the Rainy Day Fund is projected to receive $159.2 million at the end of the 2013-15 biennium.  The Education Stability Fund is expected to receive about $171.9 million from lottery sales, for an ending balance of $179.3 million at the end of the biennium.  This will definitely help us with our effort.

“Don’t Kicker Us When We Are Down!!!”

The revenue forecast presentation was disrupted at one point by a number of Oregon college and university students who called on legislators to vote to withhold this year’s kicker payments and devote some of them to combating the soaring costs of tuition and the burden of student debt.  Because yes, it is now clear that both the personal and the corporate kickers will kick this year.

The forecast projects a personal income kicker of nearly half a billion dollars ($477.5 million to be exact) at the end of the 2013-15 biennium, largely due to very strong projected April 2015 tax filings from investment income and 2013 Special Session revenue increases. 

The 2011 Legislature changed the return mechanism for the personal income tax kicker from a refund back to a credit, so taxpayers will receive their kicker through a credit on their 2015 income tax return rather than through a mailed refund check.  Refund amounts are based on a taxpayer’s tax liability before tax credits.  The chart below shows an estimate of the size of kicker refund credits. 

kicker

 

The reporting on the kicker has mentioned the “average” household kicker amount as close to $300.  As you’ll see from the chart, the more significant median amount is only $144.  The average is skewed upwards by some VERY wealthy individuals.  What the chart is telling us is that most Oregonians will be receiving a credit of less than $150. 

For me, this is a shame, because the $477.5 million in kicker payments will prevent us from putting additional dollars into colleges and universities, as well as other educational and human service programs that will benefit lower-income Oregonians far more than a $150 one-time credit will.  It also prevents us from setting aside money in reserves that we know we’re going to need in the next biennium when the bill for the recent Supreme Court decision on PERS (a likely $850 million) comes due.  But to hold back the kicker requires a 2/3 vote of both chambers of the Legislature, and the politics on that are unfortunately impossible.

For more details on how the kicker works, see LRO’s 2015 Public Finance Basic Facts.

Until next time,

dembrow signature

Senator Michael Dembrow
District 23


email: Sen.MichaelDembrow@state.or.us
web: www.senatordembrow.com
phone: 503-986-1723
mail: 900 Court St NE, S-407, Salem, OR, 97301