Dear Friends and Neighbors,
The first two weeks of the 35-day short session flew by quickly. Week one included the election of a new House Speaker, the first new Speaker in nearly a decade. Chamber rules and session timelines were adopted, over 250 measures were introduced, and committees began their work in virtual hearings.
Week two brought us the release of the March quarterly revenue forecast. Once again, Oregon tax revenues exceed previous projections, bringing more than $800 million in extra revenue to Oregon’s General Fund. Oregon economic forecasters project a Personal Income Tax Kicker credit of $964 million and a Corporate Kicker of $634 million. Economists warn that, although the baseline outlook calls for continued growth, that overheating remains a real possibility and that the inflationary booms we are experiencing today, traditionally do not end well - putting recent revenue gains at risk going forward. While Oregonians are making and sending more money to the state, the vast majority of their income increases are getting eaten up by inflationary pricing. We cannot continue free-fall spending. Oregon taxpayers deserve their kicker and we need to get in a mindset of saving rather than spending, particularly when we know the day is coming when all will come to an abrupt end. When that happens, we will be left with programs with no sustainable funding source.
Week three brings us to the mid-way point in the session. In the coming weeks, budget writers will be evaluating investment possibilities and identifying spending priorities. I agree with Senate President Peter Courtney’s quote to the windfall forecast, “Wow… That is a lot of money.” My thought in response: let’s not blow it! We must invest wisely while saving for future challenges Oregon families can’t afford more costly regulations, bureaucratic red-tape, or tax proposals like HB 4079. This measure, if passed, would essentially enact a sales tax on a variety of consumer goods and create a new government program in a time when we have record revenue to invest. Fortunately, robust opposition to this bill stopped it in its tracks this session.
This week, committees continue to work feverishly with two legislative deadlines on the horizon. To date, 35 measures have made their way to the House floor and are passed to the Senate for further consideration.
February 14th - Oregon’s 163rd Birthday, was also the first chamber deadline for bills to move out of policy committees in order to advance further through the legislative process. This week, we also began to see Senate bills moving through House committees and vice versa.
On Friday, February 18th, bills that have moved to the second chamber must be posted for work sessions and voted out of policy committees on or before February 24th. After that, policy committees will begin to shut down. Some may continue to hold informational hearings. From here on, it is an all-out sprint to the finish line. The Ways and Means appropriations and budgeting process kicks into high-gear. We will spend more time in floor sessions as we prepare to bring the session to a close on or before March 7th.
This update provides an overview of the bills I am sponsoring this session, their status in legislative process, as well other bills of interest. Thank you for taking the time to read along and remain engaged.
Sincerely,
 Rick Lewis
Oregon State Representative
House District 18
Oregon’s Christmas Tree District
I am a sponsor or chief sponsor on the following bills:
HB 4022 – Parent Access to School Curriculum
The measure would require more transparency in school curriculum so parents can better understand what their children are learning and ensure they receive fundamental skills as a priority. More than a year of distanced learning created a huge education gap because of lost learning for students, leaving them unprepared for college and future careers.
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HB 4041 – Fireproofing & Seismic Stability
The initial bill draft addressed fire proofing and seismic resiliency in new construction of “Essential Facilities” as defined in statute. These structures include hospitals, schools, police, and fire facilities. The bill is designed to improve upon the safety of these structures by ensuring that those applying the seismic materials are properly trained to do so.
The actual concept introduced removed the fireproofing provisions. Instead, placing them into HB 4068, the Veterans and Emergency Management Omnibus bill. The goal is to improve upon the fireproofing standard currently in use, and to ensure contractors installing these materials have access to proper training and certification. Although stakeholders were unable reach an agreement to move the concepts forward in either vehicle, the parties will continue discussions in an interim work group to find workable solutions.
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HB 4042 – Informed Consent
Provides a requirement for a physician who prescribes drugs for chemical abortion to inform the patient that there is a possibility of reversing the abortion process after taking the first of two pills, but before taking the second one. This concept has passed in at least 14 states. The bill requires the Oregon Health Authority to publish on the agency’s website specified information regarding possible reversal of a chemical abortion. The measure allows specified persons to bring a civil cause of action for actual and punitive damages.
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The bill was referred to the House Committee on Health Care. I am disappointed that something as important as this issue is to so many people did not even receive the courtesy of a hearing for citizens to express their views. Oregonians were denied the right to participate in what is supposed to be a public process. The bill is no longer able to move forward this session.
HB 4082 – Unclaimed Veteran Cremains
Ensures interment and proper burial for unclaimed veteran cremains. There have been instances, both in Oregon and elsewhere, of the cremated remains of veterans being discovered and unclaimed, and thus uninterred, lying on a shelf in a funeral home for many years. The bill directs counties to designate one or more “veterans remains coordinators” to work in a volunteer capacity to identify unclaimed cremated or reduced remains located within the county, establish the eligibility of the individual for interment in a national cemetery, and arrange for the interment of the remains. The bill passed unanimously out of the House Committee On Veterans and Emergency Management. It passed unanimously off the House floor yesterday and is on its way to the Senate for consideration.
HB 4097 – Volunteer Firefighter Tax Credit
Creates a $1,000 tax credit for active volunteer firefighters to help aid in recruitment and retention. Volunteer firefighters are vital for community safety, especially in our rural departments. The bill has strong bipartisan support. It received a public hearing in the House Committee on Revenue, which is not subject to the policy committee deadlines. I am hopeful the bill will move forward this session.
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HB 4102 – Tribal Relations Liaison
Establishes position of Tribal Relations Liaison within Department of State Police. I submitted an amendment to the bill which passed unanimously in committee requiring that no later than October 31, 2022, the Board on Public Safety Standards and Training shall provide an operational plan for the provision of training for police officers concerning the investigation and reporting of cases involving missing or murdered indigenous persons in this state. The bill is currently in the Joint Committee On Ways and Means.
HB 4108 – Ezra’s Law
Defines permanent physical injury. Allows for a district attorney to allege a defendant caused permanent physical injury to a victim during the commission of certain crimes and to plead the allegation in the accusatory instrument. States that if a defendant is convicted of a crime, having as an element that the defendant caused permanent physical injury to the victim, the court shall impose as a sentence a term of imprisonment of 300 months. Allows the court to impose a sentence of less than 300 months in certain circumstances. The bill creates an aggravated level of permanent physical injury, which is defined as injury that directly results in the permanent loss of vision or hearing, or ability to walk, breath, eat, or move the person's limbs.
The concept has been reintroduced in four sessions. The legislation for the measure stemmed from a Madras Oregon case and is named for the young child who was 2 years old in 2017 when he was beaten by his mother’s boyfriend and now requires 24/7 care. Regrettably, the bill did not move forward once again.
HB 4111 – Oregon Child Abuse Prevalence Study
Directs the University of Oregon to conduct a study on the prevalence of child abuse in Oregon and submit a report on the study no later than September 15, 2023. Appropriates $700,000 to the Higher Education Coordinating Commission for costs directly related to the study.
The bill passed unanimously out of the House Committee on Human Services and is currently in the Joint Ways and Means Committee for budget considerations.
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HB 4113 – Firefighter Cancer Presumption Expansion
The bill adds bladder and female reproductive cancers to the list of cancers that are presumed compensable for non-volunteer firefighters with five or more years of service. Requires the Workers' Compensation Management-Labor Advisory Committee to review and consider reports, findings, and analysis made public by NIOSH and which relate to cancers which are presumed compensable for non-volunteer firefighters. The bill passed the House this week and is on its way to the Senate for further consideration.
HB 4131 – Law Enforcement Tools/Crowd Control Measures
Modifies provisions relating to use by law enforcement agencies of certain crowd control measures. The bill was voted out of the House Committee on Judiciary without recommendation as to passage. It is currently in the House Committee on Rules for further consideration. This bill was proposed on behalf of law enforcement because they wanted clarification on some ambiguities in HB 2928 (2021), the original legislation. There was an effort to amend the bill to take even more tools away from law enforcement. The bill is currently in a work group. If more tools are taken away, I will oppose the bill and remove my name from it as a chief sponsor. It is absolutely crucial that law enforcement agencies have the time they need to address the 23 police reform bills that have been passed in the past several years. There needs to be time to assess successes and failures of that legislation and gather data on recruitment and retention challenges that agencies are currently facing. Now is not the time to add to that burden.
HB 4135 – Delivery of Controlled Substances
Expands definition of “deliver” or “delivery” to include the possession of a controlled substance with intent to transfer to another person. Applies to conduct occurring on or after the effective date. This is a fix for a recent conflict in an appellate court decision regarding the state’s role in investigating and prosecuting drug dealers. It adds a provision to ORS 475.005 specifying that possession with the intent to deliver constitutes delivery.
This is how we got here: In November 2021, the Oregon Court of Appeals changed 34 years of law defining what constitutes a delivery of drugs in Oregon. Prior to the Court’s ruling, it was legally sufficient to show that a person was engaged in illegal drug dealing if they were caught in possession of such things as huge quantities of drugs, lists of sale logs, and large amounts of cash from drug sales. The law treated these circumstances as evidence that the person possessed the drugs with the intent to deliver them. Now, the Court has held that those circumstances are not enough to charge someone with selling drugs. The state must show the sale was to a specific and identifiable person. This is an almost impossibly high burden for prosecutors to meet. As a result, these offenders will now only be charged with possession of drugs or an attempted delivery, much less serious crimes which are sometimes only a misdemeanor.
We are already seeing the effects of rampant and unchecked drug sales in Oregon, as shown by an unprecedented increase in drug overdose deaths. In the first six months of 2021 alone, 607 Oregonians died of drug overdoses - as compared to 280 Oregonians in all of 2019. As a result of this change in Oregon law, large quantity drug traffickers who profit off of others’ addiction, and are responsible for many deaths, will be treated as users, not dealers, if charged with a crime.
The measure is a simple fix to return the law to its original form and hold substantial quantity drug traffickers accountable. The change would explicitly add to the definition of delivery that possession of drugs with the intent to deliver them to another person constitutes the crime of delivery. With this basic change, we can help stop overdose deaths of Oregonians suffering from drug addiction and restore the State’s ability to prosecute obvious drug dealing.
The bill received a public hearing in the House Committee on Judiciary but did not receive a work session to move forward for further consideration.
HB 4142 – Violence Against Hospital Workers
Expands crime of assault in the third degree to include causing physical injury to person working in hospital while worker is performing official duties. Punishes by maximum of five years' imprisonment, $125,000 fine, or both.
The bill failed to pass in the House Judiciary Committee and is before the House Committee on Rules by order of the Speaker.
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HB 4145 – Salmon Incubation Nurseries Establishes a fish incubation program through the Oregon Department of Fish & Wildlife. This legislation will help to create instream wild salmon in our watersheds and provide shelter for newly hatched eggs where they can remain safe from predators, allowing them to grow and thrive in Oregon’s waterways.
The measure was referred to the House Committee On Environment and Natural Resources. It did not receive a hearing to move forward this session.
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HB 4148 – Salmon Habitat Credit Program
Creates a salmon credit program through the Oregon Department of Agriculture, in consultation with Oregon Department of Fish and Wildlife and the Department of State Lands. The program will offer mitigation assurance while incentivizing landowners who voluntarily take part in the program that creates channel and off-channel salmon habitat restoration projects.
A public hearing before the House Committee On Environment and Natural Resources was held. Three amendments to the base bill were proposed. None were adopted and the measure will not advance further this session.
HB 4151 – Self Service Gas
Gives drivers a choice between self-serve gas or service from an attendant. This strikes the balance between the needs of consumers, businesses, and employees, providing a solution that ensures access for people with disabilities and for those who simply prefer service from an attendant. It comes at a time of widespread staffing shortages across the service industry statewide.
Oregon is one of just two states nationwide that prohibit drivers from pumping their own gas, although in rural areas and at nighttime on the coast, Oregonians have been able to pump their own gas since 2015, when legislators provided important relief to ensure Oregonians in rural areas had access to fuel at all hours.
Owners of gas stations large and small say the change is desperately needed amid labor shortages statewide. The measure has bipartisan support in both chambers. It received a public hearing in the Joint Committee on Transportation and is still in play to move forward this session at the call of co-chairs. The bill requires that an attendant still be on duty for those who do not wish to pump their own gas. It simply offers a choice, very similar to the option to self-checkout in a store or go through a cashier’s line.
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HJR 201 Terminates State of Emergency Relating to COVID-19
The resolution would terminate the state of emergency declared by the Governor in Executive Order 20-03 on March 8, 2020, relating to the COVID-19. This will effectively restore a system of governance designed around checks and balances to place Oregon on a solid path to recovery. The measure is sitting in the House Committee on Rules and no action has been taken. This is one of more than 7 attempts over the past year to end, or restrict, the Governor’s sole authority and restore legislative oversight to emergencies. Unfortunately, there aren’t a sufficient number of votes to make it happen.
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HJR 203 – Gives Legislature Ability to Impeach Executive Branch Officials (Ballot Referral)
Refers a proposed amendment to Oregon Constitution allowing voters to decide to give the legislature the ability to impeach the Governor and other statewide elected Executive Branch officials. The measure has bipartisan support and is sponsored by members on both sides of the aisle. It would align Oregon with 49 other states, provide accountability, and strengthen our system of checks and balances for good governance. Wednesday this week, Representative Marty Wilde (D-Eugene) made a motion to pull the bill from committee for an immediate vote on the House floor. He has been one of the few outspoken advocates in his party to demand transparency and accountability in state government. Motions like this, referred to as a “bill pull” occur when the committee chair is unwilling to give the measure a public hearing. The motion failed 26-30, with 4 members excused. The resolution remains in the House Committee On Rules, and can only receive a hearing at the call of the chair.
HJR 206 – Limits Governor’s Emergency Powers (Ballot Referral)
Proposes amendment to Oregon Constitution to limit ability of Governor to declare emergency or to exercise powers under declaration of emergency to only those powers granted by law and to 30 days duration. Authorizes county governing bodies in counties subject to declaration of emergency to extend declaration of emergency in up to 30-day increments and to reduce powers that may be exercised under declaration of emergency in their respective counties. Refers proposed amendment to voters for their approval or rejection at next regular general election.
There has been no action on the resolution since its February 1st referral to the House Committee On Rules. As with other efforts to limit the Governor’s exclusive authority in emergencies, I don’t expect this one to survive either.
SB 1552 – Virtual School Enrollment
Removes requirement that student must receive approval from resident school district before enrolling in virtual public charter school not sponsored by school district if specified percentage of students in school district already are enrolled in virtual public charter schools not sponsored by school district. Removes requirement that a school district that does not give approval for enrollment in virtual public charter school not sponsored by school district provide information about other online options available to students.
The bill received a courtesy public hearing in the Senate Committee on Education. The hearing included an informational report on the Department of Education’s ongoing work to engage virtual schools in a process to set statewide quality standards for online educational programs, including both charter schools and district online options. Because it did not receive a work session before the 1st chamber deadline, it will not move forward this session.
SB 1553 – Born Alive
Requires health care practitioner to exercise proper degree of care to preserve health and life of child born alive after abortion or attempted abortion. Requires health care practitioner to ensure child born alive is transported to hospital. Allows specified person to bring civil action for damages and equitable relief against health care practitioner for failure to exercise proper degree of care. Directs court to award attorney fees to prevailing plaintiff. Allows court to order identity or personally identifiable information of specified person protected from disclosure.
The measure was referred to the Senate Committee on Health Care. Like HB 4042, the bill did not receive the courtesy of a hearing to allow Oregonians who care deeply about this issue the opportunity to express their views in a public process. The bill will not move further this session.
OTHER BILLS OF NOTE DRAWING INTEREST:
HB 4002 – Agriculture Farmworker Overtime
Prohibits employers from permitting or requiring agricultural workers to work in excess of maximum allowable hours unless workers are compensated for overtime hours worked. It also creates income or corporate excise tax credit allowed to employer for excess amount of wages paid as overtime pay to agricultural workers. Applies to tax years beginning on or after January 1, 2023, and before January 1, 2029.
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The bill is before the House Committee on Revenue. This complex concept has stirred up a lot of conversation among stakeholders. I have received a significant number of emails opposing this measure, one of which I read on the House floor. You can listen to my remonstrance by clicking on my photo to the right. Over the past two weeks, a number of legislators have also given remonstrances to express their concerns about the devastating impacts this policy will have on farmers and farmworkers.
Last week, Republican members of the House Committee on Business and Labor announced an Oregon solution that will benefit both employees and farms. I hope we can all get behind it. You can read the proposal in a Press Release here.
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SB 1511 – Retroactive Ramos
Creates a process by which a person convicted or found guilty except for insanity by nonunanimous jury verdict may file a petition for postconviction relief within one year of effective date of Act. The bill specifies evidentiary requirements to prove verdict was nonunanimous. Authorizes district attorney to charge reasonable reimbursement fee for cost of providing copies of discovery materials in criminal case.
Some background: In 1934, Oregon voters amended the Oregon constitution to allow for non-unanimous jury verdicts. Since then, Oregon prosecutors, judges, and defense attorneys followed that law–allowing 10-2 or 11-1 for all felony verdicts except murder. In 1972, the Supreme Court of United States upheld this practice, confirming that the United States Constitution did not require unanimous jury verdicts before someone can be convicted of a crime. However, in April 2020, the U.S. Supreme Court changed the rules. In Ramos v. Louisiana, the Court determined that the U.S. Constitution now requires a unanimous jury verdict to convict someone of a serious offense. Despite being a major change to constitutional law, the Supreme Court held in a separate case that the new unanimity requirement did not automatically apply backwards, or “retroactively.” That is, defendants previously convicted and serving sentences were not entitled to a retrial unless they can show that their verdict was non-unanimous. (4) Defendants who can show that their pre-April 2020 verdict was non-unanimous are currently being retried in Circuit Courts across Oregon. That count is currently around 500 cases. This measure proposes to broaden the retroactive look back on non-unanimous verdicts even further.
The measure fails to recognize the trauma crime victims and their family have endured and revictimizes them further. An opinion piece published in the Oregonian this week provides a deeper dive into the history and impacts of the bill. I urge you to read it.
The measure passed out the Senate Committee On Judiciary and Ballot Measure 110 Implementation and is the Joint Committee On Ways and Means by prior reference.
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Last Saturday, I stood with friends, family, and first responders from all over the state to remember the life, service, and sacrifice of St. Paul Volunteer Firefighter, Austin Smith. Austin had been a volunteer firefighter since 2015. He lost his life in the line of duty while battling a large barn fire on the outskirts of St. Paul earlier this month. His loss is felt deeply in this close-knit rural community. My sincere condolences to his family, his crew members and the community who loved him deeply. |
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February 14th, we celebrated Oregon’s 163rd Birthday anniversary of statehood. This year we also celebrate 100 years of Oregon State Parks.
A hundred years ago, state parks were barely an idea in Oregon, little more than patches of roadside greenery. A 5-acre donation in 1922, setting aside a special place for everyone, became Oregon’s first official state park. Today, the state park system comprises 254 park properties and more than 100,000 acres.
Samuel H. Boardman was the first Oregon State Parks director, and the park system grew to over 57,000 acres under his tenure. Watch Kevin Clark's documentary, The Father of Oregon State Parks, for narration of Boardman's writings and stunning historic photos.
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Oregon Parks and Recreation (OPRD) Director Lisa Sumption offers words on how to engage in the next 100 years of state parks in a virtual celebration video here. OPRD will hold events throughout the state and hand out special centennial gifts throughout the year. A calendar of events can be found here. Special Access Pass for Veterans with Disabilities & Refunds for Active Duty Military On Leave are available through Oregon State Parks here.
This session, the House Committee On Veterans and Emergency Management was eager to build into the Veterans Omnibus Bill (HB 4066) the ability to extend the Veterans State Parks Special Access Pass to surviving spouses of deceased disabled veterans. In discussions with State Parks, the committee learned the change may result in a major revenue impact to the department. In the interim, a veteran’s workgroup will meet to explore a solution to be able to provide this benefit to surviving spouses.
What parks will you visit this year? Plan your next adventure to an Oregon State Park here.
Fun fact - House District 18’s newly drawn district lines brings the beautiful Champoeg State Heritage Area and Silver Falls State Park into the district.
 Capitol Phone: 503-986-1418
Capitol Address: 900 Court St. NE, H-484, Salem, Oregon 97301
Email: Rep.RickLewis@oregonlegislature.gov
Website: http://www.oregonlegislature.gov/lewis
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