March 5, 2024

Dear Neighbors and Friends,

Happy Last Few Days of Short Session! I hope that you and your loved ones are doing well, staying healthy, and staying warm and dry in this blustery beginning of March.

I will say that those of us in the Senate have been having great difficulty keeping warm in the last couple of days. The construction work at the Capitol has knocked out the heat in the Senate Chamber, and it’s been freezing there.  If you take a look at video or photos of floor session, you’ll see senators in their coats, scarves, and gloves, many covered in blankets.  Let’s hope it’s better tomorrow!

Tonight’s newsletter is a quick update, mainly on the Education and Environment/Natural Resources bills, tracking their progress (or lack thereof) through the process. 

Tomorrow morning at 9 a.m. the Capital Construction subcommittee of Ways and Means will be taking up the final bills that have budget aspects to them.  Here's the agenda and the links to those bills. Assuming that they all pass, they’ll then move to Full Ways and Means  tomorrow evening at 5 p.m.  You’ll then start to see them on the House or Senate floors Thursday and Friday.

I’m happy to report that SB 1552, the big Education Omnibus bill, will have its committee votes in the Cap Con subcommittee and full Ways and Means tomorrow, then on to the Senate Thursday or Friday. 

The details of all the budget bills need to be posted at least an hour before they’re voted on, which means no later than an hour before Capital Construction, starting at 9.  So, keep an eye out for those that you’re interested in.

More to come, probably tomorrow evening.

The Ups and Downs and Ups and Downs of Year-Round Standard Time

Life in the Legislature, particularly during session, is always a series of ups and downs, with many bills riding the rollercoaster of hope followed by despair.  Even so, SB 1548, the bill that would end Daylight Savings Time and make Standard Time the only time year-round, has been exceptionally interesting.

The bill passed out of its first committee unanimously, then hit the Senate floor and immediately ran into a buzz-saw.  I was actually the first to raise concerns about it.  My concern wasn’t the result of the many emails and phone calls that I’ve received on this subject.  They were nearly all arguments for and against either DST or ST, and I must say that they’ve been pretty much equal in arguing one way or the other.  My concern was around the notion of Oregon making this decision on its own, without alignment with our neighboring states.  I indicated that I could only support the bill if it included a proviso that it only go into effect if California and Washington did the same. The bill eventually died, but then was resurrected when a motion passed to send it to Senate Rules to be amended to include the kind proviso that I suggested. 

There was then an effort by the bill sponsors to amend it to say that if EITHER California or Washington voted a similar measure, HB 1548 would go into effect. That was a non-starter for many of us, so it was not passed by the Rules committee.  Rather, the original proposed amendment was passed and came to the floor, where it received the bare minimum for passage.  I voted for it since it now included the Washington plus California requirement.

It then went over to the House.  Had House leadership been inclined to move it forward in these last few days, it would have been assigned to Senate Rules, the only appropriate committee still alive.  Instead, the Speaker assigned it to a committee that was no longer meeting (House Emergency Management, General Government, and Veterans).  There it will remain for the remainder of the session—technically alive but in reality dead for this session.

But don’t be surprised if it returns in 2025!

For reporting on this latest turn of events, check out this article from the Oregonian.

Update on the Education Bills

Here’s an update on the bills that passed out of the Senate Education, House Education, and House Higher Education committees. Remember, if a bill has not yet passed but has The latest is boldfaced below.

Passed Both Chambers

SB 1502 Requires school district, community college, and university boards to post recordings of their meetings online to ensure public access. Passed 29-1 on February 21. Passed out of House Education 6-0.  Passed by the House 55-1. Awaiting Governor’s signature.

SB 1532 Directs the Department of Education to develop a Student Success Plan for Immigrants and Refugees. Passed the Education Subcommittee of Ways and Means unanimously.  Passed full Ways and Means unanimously. I carried it on the Senate floor, where it passed 22-8. Will be voted on by the House in the next few days. Awaiting Governor’s signature.

SB 1558: Makes clarifying changes to SB 819 (2023), the controversial bill from last year designed to ensure that all students have access to a full school day if they and their parents so desire, irrespective of their disability.  SB 1558 makes it clear that students who have otherwise completed their required credits can be released to work or take college credits during the school day. It received a unanimous committee vote on Thursday and should receive its Senate floor vote soon. Passed 30-0 on February 21. Passed out of House Education 6-0.  Passed by the House today.  Awaiting Governor’s signature.

SB 1592 Appropriates $6 million to Oregon universities to develop and support much-needed programs and students in Behavioral Health. Folded into HB 5204, the addictions funding bill, which passed the House last Thursday and the Senate last Friday. Reduced to $4 million.

HB 4119 A follow-up to SB 5 (2021), which allowed Oregon athletes to benefit financially from use of their Name, Image, and Likeness (NIL). HB 4119 prohibits the NCAA and like associations from investigating schools or athletes for potential violations. Protects Oregon institutions of higher education from liability for damages as a result of the institution's attempts to identify and facilitate NIL opportunities for the student athlete. After passing the House, this bill went to Senate Rules at the request of the Rules Committee Chair. Passed out of House Higher Education on an 8-0 vote.  Passed the House on a 50-4 vote.  Passed out of Senate Rules 5-0. Passed the Senate 18-12. (I was a No vote because of the provisions that shield universities from either investigation by the NCAA or a lawsuit by students who believe they have been given bad NIL advice.) Awaiting Governor’s signature.

HB 4137 Directs the State Board of Education to develop rules that would exempt students who have completed full International Baccalaureate programs from having to meet all other high school graduation requirements.  Passed out of House Education on a 7-0 vote.  Passed the House on a 54-0 vote.  Passed Senate Education on a 5-0 vote. Passed the Senate unanimously. Awaiting Governor’s signature.

HB 4147 Allows school districts to mount stop-arm cameras on school buses and for police to use footage from those cameras to cite drivers who fail to stop.  Passed out of House Education on a 7-0 vote.  Passed the House on a 49-5 vote.  Passed 5-0 out of Senate Education.  I carried it on the Senate floor, where it passed 25-1. Awaiting Governor’s signature.

HB 4160 Extends the prohibition on sexual conduct by educators with their students from 90 days after the student has left school to a full year.  Passed the House 58-0 and the Senate 29-0. Awaiting Governor’s signature.

HB 4164 Makes consensus changes to HB 3456 (2023), which created a statewide Sexual Misconduct Survey Council to develop a standard statewide sexual misconduct climate survey for Oregon’s colleges and universities. These changes will make it easier to implement, recognizing differences between larger and smaller institutions. Passed out of House Higher Education on a 9-0 vote.  Passed the House on a 53-1 vote.  Passed out of Senate Education 5-0.  Passed the Senate 26-3. Awaiting Governor’s signature.

Passed the Senate and Moved to the House

SB 1583:This bill has become one of the most controversial of all the bills so far this short session. It touches on a subject that has become a feature of the culture wars that are pervasive right now.  It prohibits discrimination when selecting textbooks, instructional materials, program materials, and library books for use within Oregon public schools.  It prohibits districts from banning textbooks, library materials, or other instructional materials because they tell stories or include the histories of groups protected from discrimination by Oregon law (i.e., by their race, gender, ethnicity, or disability, or because they are gay, lesbian, bisexual, or transgender).  We have seen such prohibitions and book bans proliferating around the country.  SB 1583, whose chief sponsor is Senator Lew Frederick, will ensure that such bans do not occur here in Oregon.

We had a lengthy public hearing on the bill on February 13, with many people signing up to speak for and against. Those speaking in support outnumbered those speaking against.  Most of the oppositional testimony emphasized the rights of local districts to make decisions that reflect their local values and prohibit children from having access to materials and perspectives that don’t reflect those local values.  Those speaking in support emphasized the importance of giving children access to historical truths and a variety of perspectives. More than a thousand pieces of written testimony came in, again with a strong majority being in support of the bill.  You can find the testimony here.

SB 1583 passed out of committee on February 15 on a partisan 3-2 vote.  It then went to Senate Rules to allow the Republicans to file a “minority report,” an alternative that would have turned the new policy into a task force. Minority Report was rejected on a party-line vite.  SB 1583 passed the Senate on a party-line 17-12 vote. Now in House Rules. A public hearing was held today. A committee vote on the bill has not yet been scheduled. Only then can it more to the House floor.

In Ways and Means

Aside from SB 1552, none of these will move this session.  Some of them may still receive a partial appropriation in the final omnibus budget bills.

SB 1551 Gives temporary access to the Oregon Promise for students in the High School "COVID Cohorts" of 2020 and 2021, even though they didn't go immediately to community college following graduation. Still hoping for a referral to the Capital Construction Subcommittee. Seems unlikely at this point.

 SB 1552 The “Education Omnibus bill.” It makes a number of technical fixes to bills that passed last year and that needed repair or clarification.  It also includes some items that passed out of committee last year but then got lost in the Ways and Means process.  It includes others that address timely issues that arose after the close of the last session.  Finally, it also directs studies and work-groups to prepare for the 2025 session.  Here is a section-by-section overview  of the issues addressed in the bill. Passed out of the Senate Education Committee on a 5-0 vote. Referred to the Capital Construction Subcommittee and then on to full Ways and Means.

HB 4068 Dramatically expands and increases the High Cost Disability Account (which funds supports for students with particularly high-cost needs) so that more resources go to districts that need them. The cost of the measure is estimated to be $150 million per year. Passed out of House Education on a 7-0 vote. Still hoping for a referral to the Capital Construction Subcommittee but seems unlikely at this point.

HB 4077 This had started off as a companion bill to HB 4068 that was no longer needed.  The -3 amendment turned it into a bill that addressed another need: the need to develop a better reporting system for school employees to report incidents of injury in a way that would allow for state-wide tracking. Passed out of House Education on a 7-0 vote. Still hoping for a referral to the Capital Construction Subcommittee.

HB 4078 Creates a task force to study and make recommendations for creating a statewide data system that all districts could use. It would facilitate the transferring of student records and individualized educational programs when students change districts. Passed out of House Education on a 7-0 vote. Still hoping for a referral to the Capital Construction Subcommittee.

HB 4082  Creates the Summer Learning Grant Fund and appropriates $50 million to the fund for this year. Identifies goals, purposes, success metrics, and oversight of summer learning programs going forward. This is one of the Governor’s funding priorities for the session. Passed out of House Education on a 7-0 vote.  to the Education Subcommittee of Ways and Means, where it passed unanimously with a $30 million appropriation. Passed full Ways and Means unanimously.  Passed the House 53-4. Should be voted on by the Senate Wednesday or Thursday.

HB 4084 We know that success rates for current and former foster youth are much lower than for their peers.  This measure seeks to begin to change that, directing the Oregon Department of Education to establish and administer a pilot program to provide three public middle or high schools with funds to address academic disparities experienced by foster child students. Passed out of House Education on a 7-0 vote. Referred to the Education Subcommittee, where it passed on a unanimous vote. Passed full Ways and Means unanimously.  Passed the House 57-2. Awaiting its Senate floor vote.

HB 4125 Directs the Legislative Policy and Research Office to contract for a study on the effects of the changes in university governance (individual university boards and a Higher Education Coordinating Commission) since they began ten years ago. Will compare this model to models used in other states. Passed out of House Higher Education on an 8-0 vote. Still hoping for a referral to the Capital Construction Subcommittee.

HB 4154 Directs $14.9 million to institutions of higher education and $15 million to the Semiconductor Talent Sustaining Fund. Passed out of House Higher Education on a 9-0 vote. Referred to the Capital Construction Subcommittee of Ways and Means, where it passed on March 1.  Passed unanimously by full Ways and Means on Monday. Awaiting votes by the House and Senate.

HB 4162 Appropriates $5 million for grants to colleges and universities to help support students with basic needs (e.g., cost of textbooks, food, housing, childcare). Passed out of House Higher Education on an 8-0 vote. Still hoping for a referral to the Capital Construction Subcommittee or appropriation in the end-of-session budget bill.

HB 4163 Last session the Legislature made a one-time appropriation of $5 million to support “wraparound” student success and high school-to-college transition programs such as College Possible, Trio, AVID, and ASPIRE, organizations with strong records of success. HB 4163 will make this support ongoing, with $86k this year and another $5 million in 2025-27. Passed out of House Higher Education on an 8-0 vote. Still hoping for a referral to the Capital Construction Subcommittee.

In House Revenue:

HB 4079 Lifts the cap percentage cap on the amount of moneys that are distributed from the State School Fund to school districts for students eligible for special education as children with disabilities. The State provides extra dollars to districts to support students with disabilities, but for budget reasons those extra dollars are capped at 11% of the funds going to the district.  HB 4079 would lift the cap. Passed out of House Education on a 7-0 vote. Was referred to the House Revenue Committee, where it has received a public hearing and an informational hearing. Appears to be dead for this session.

And an Update on the Environmental Caucus Priorities

Here’s what we know at the moment about the Enviro Caucus priorities: 

SB 1559 Updating Oregon’s Emissions Reduction Goals.  Following public hearing in Senate Energy and Environment, not scheduled for a vote. Will not move this session.

SB 1596 Right to Repair: Will allow owners of most consumer electronics products to do their own repairs or have the repairs done by local small businesses.  Passed Senate 25-5. Passed the House 42-13. Awaiting Governor’s signature.

HB 4132 Investing in Oregon’s Marine Reserves. Passed out of the Natural Resources Subcommittee of Ways and Means and then full Ways and Means.  Passed the House 55-0. Scheduled for Senate floor vote tomorrow.

HB 4080 Creates Roadmap for Offshore Wind, Sets Robust Labor Standards. Passed out of the Natural Resources Subcommittee of Ways and Means and then full Ways and Means.  Passed the House 37-25 this morning. Should be on the Senate floor in the next day or two.

SB 1572 Studies extending the Westside Express Service (WES) commuter line to Salem. Still hoping for an appropriation in the end-of-session budget bill.

HB 4015 Clarifies and streamlines the process for siting battery energy storage systems. Passed House 44-13. Passed the Senate on a partisan 16-13 vote this morning. Awaiting Governor’s signature.

HB 4083 “The Coal Act”: Begins to divest Oregon public funds from companies with holdings in coal. Passed the House 33-24. Passed the Senate on a partisan 16-13 vote this morning. Awaiting Governor’s signature.

SB 1561 Monsanto Settlement Funds: In 2022, a settlement was reached between the State of Oregon and Monsanto for $698 million, the largest environmental settlement in the state's history. SB 1561 puts that settlement into a trust fund and establishes the Environmental Restoration Fund for the next 50 years of environmental remediation work. Passed the Senate 26-4. Should be heard on the House floor in the next few days.

Other Funding Requests the Caucus is Supporting

Along with the bills referred to Ways and Means mentioned above, the Environmental Caucus is also supporting funding for the following bills that are still awaiting final funding decisions. I hear that around half of them will be funded, but at reduced amounts. We’ll know more Wednesday morning when the Capital Construction Committee meets and approves the final budget bills and we see what’s in them: 

PFAS Study Bill (HB 4049)

Landowners Living with Beaver Grants (HB 4014)

The Wildlife Omnibus Package (HB 4148)

 Elk Damage Prevention and Compensation Fund (HB 4061)

The Oregon Agricultural Heritage Program (HB 4060)

DEQ Toxic Plume Study Bill (HB 4044)

The Caucus also supports additional appropriations for DEQ's Charge Ahead EV rebate program; funding for ODFW positions to work with the Klamath Tribes on fish monitoring on the Klamath River in the wake of dam removal; funding for tribes and environmental justice communities to address water equity and infrastructure issues; and funding for wildfire programs.  

For more information about the Caucus, here’s the caucus website.

Coming Soon: Post-Session Town Hall

With session coming to an end this week, it's time for a debrief with constituents.  Coming up next week, our in-person only SD 23/HD 45/HD 46 debrief.  I hope you can join us for our End of Session Joint Town Hall on Wednesday, March 13th from 5pm - 6:30pm. You can register here and submit questions to help direct the discussion.  Looking forward to seeing you then!

Best always,

Senator Michael Dembrow
District 23

email: Sen.MichaelDembrow@oregonlegislature.gov
web: www.senatordembrow.com
mail: 900 Court St NE, S-407, Salem, OR, 97301