The first week of the 2022 legislative session is drawing to a close, and it’s been as fast-moving and frenetic as expected. Though even-year short sessions like this one were intended to address emerging problems rather than adopt significant policy changes, they don’t always work as intended. And so OBI’s policy team spent a great deal of time tracking and negotiating policy measures such as SB 1586 (more about that bill below) even as hearings and work sessions on other bills were scheduled on the fly. Amid this juggling, the policy team provided testimony on several bills, sometimes in writing and sometimes via video, and prepared for next week’s hearings, work sessions and Zoom sessions.
On Tuesday, meanwhile, the House of Representatives elected a new speaker, Rep. Dan Rayfield, D-Corvallis. And on Thursday, Gov. Kate Brown delivered her final state of the state address.
Below is a brief status report on the major bills highlighted in Monday’s legislative preview. A small number of new bills have been added.
Education and Workforce
SB 1545 (Support): This is the governor’s Future Ready Oregon proposal, which would direct $200 million to workforce development programs. Among other things, it would expand apprenticeship opportunities and create grant programs to support workforce development activities in health care, manufacturing and construction.
Update: The bill received a public hearing on Feb. 3. OBI’s Morgan Beltz submitted written testimony, which you can read here, expressing concern about the bill’s lack of completeness, insufficient accountability measures, its focus on a small number of industries and the limited ability of employers to access funding directly.
SB 1590 (Support): This bill directs the Department of Education to work with the STEM Investment Council to develop a statewide, long-term strategic plan to provide computer science education. It would integrate computer science education in schools, establish curriculum standards and give all students the opportunity to participate.
Update: The bill received a first reading and was referred to the Senate Education Committee. You can read a short synopsis of the bill here.
HB 4104 (Watch): This bill establishes the Prosperity 10,000 Program to provide career coaching, occupational training and job placement services for at least 10,000 low-income job seekers affected by the COVID pandemic. Much like the Future Ready Oregon proposal, this bill would provide funding for workforce boards to issue grants.
Update: This bill received a first hearing and was referred to House Economic Recovery and Prosperity Committee. One amendment to the bill would fold it into the Future Ready Oregon proposal.
For questions about education and workforce bills, contact Morgan Beltz.
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Health Care
SB 1530 (Oppose): This bill would require health insurance coverage of specified fertility services and treatments. It would require small and large employers and individual health benefit plans to cover a wide range of fertility services with no caps on coverage costs.
Update: A public hearing was held on Feb. 2 and has been carried over to next week. Morgan Beltz will testify.
HB 4035 (Watch): This placeholder bill ultimately will involve Medicaid and the allocation of money needed to start the process of creating a new platform for the state health plan that eventually would house a public option.
Update: The bill was referred to the House Committee on Health Care.
For questions about health care bills, contact Morgan Beltz.
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Employment and Labor
HB 4002 (Oppose): This bill would remove the long-standing agricultural exemption from overtime. Farmers and ranchers simply do not have the ability to increase prices to adjust to increases in costs, and their labor needs are dictated by nature. This bill will reduce hours for workers, increase administrative burdens for farmers and harm one of Oregon’s largest industries.
Update: The bill has been referred to the House Committee on Business and Labor.
HB 4152 (Oppose): This bill would unravel franchise agreements and prevent the enforcement of consistent standards among franchises. In essence, this bill would allow businesses to use the franchise logo but not adhere to any other brand standards.
Update: This bill has been referred to the House Committee on Business and Labor.
SB 1513 (Oppose): This bill would require bakeries and tortilla makers to give employees a two-week notice of required overtime. This requirement does not recognize the workforce realities of such businesses, which must react quickly to staffing shortages.
Update: Paloma Sparks expressed OBI’s concerns during a Feb. 3 public hearing. You can hear her testimony here at 1:35:45. An amendment has been introduced that would decrease the two-week window to five days.
SB 1586 (Oppose): This bill, aimed at nondisclosure agreements, would create an unlawful employment practice if an employer even asked an employee to enter into a settlement agreement that required the nondisclosure of certain elements. It would eliminate the confidentiality requirements of mediation. It also would encourage litigation by guaranteeing $5,000 in damages even when the individual failed to prove any damages.
Update: This bill received a public hearing on Feb. 3. Paloma Sparks has been actively involved in negotiations.
For questions about employment and labor bills, contact Paloma Sparks.
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Retail
HB 4024 (Support): This bill addresses a burden created by a 2021 law allowing pharmacies to sell pseudoephedrine over the counter. The 2021 law requires pharmacies to collect certain information from purchasers. HB 4024 would allow pharmacies to collect the information by scanning driver licenses.
Update: This bill has been referred to the House Committee on Business and Labor.
HB 4034 (Support): This bill would allow pharmacy technicians and interns to perform tasks related to ephedrine just as they may now perform tasks related to other drugs they are allowed to handle. This bill is the omnibus healthcare bill and contains many other provisions.
Update: This bill has been referred to the House Committee on Health Care.
SB 1565 (Oppose): This bill would make it unlawful for businesses to refuse to accept cash. This is problematic given the pandemic-related reluctance of many workers to handle cash. Employers do not want to force employees to engage in activity they consider unsafe. This bill also ignores changing technology and attitudes toward cashless businesses.
Update: This bill has been referred to the House Committee on Business and Labor.
For questions about retail bills, contact Paloma Sparks.
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Environment, Energy and Natural Resources
SB 1567 (Watch): This bill would require bulk fuels terminals to conduct seismic vulnerability assessments from which the Department of Environmental Quality would develop risk reduction plans. Fuel suppliers already have mechanisms to protect human health and the environment from earthquakes. Experience tells us these that meeting these plans could be onerous and costly.
Update: A public hearing has been scheduled Monday in the Senate Committee on Energy and Environment.
For questions about environment, energy and natural resources bills, contact Sharla Moffett.
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Transportation
HB 4090 (Oppose): This bill requires state agencies procuring diesel vehicles to obtain certifications from manufacturers and dealers that their trucks are capable of operating with a 20%-biofuel mix. Warrantying specific fuel types would add cost and complexity to an already challenging regulatory environment.
Update: Sharla Moffett testified in opposition to this bill Feb. 3. Her testimony begins at 1:08:50 here.
HB 4141 (Oppose): This bill would ban petroleum diesel and mandate renewable diesel statewide by 2029. Renewable diesel is an important tool for lowering greenhouse gas emissions and achieving Oregon’s climate goals. However, a mandatory transition to renewable diesel of limited supply almost certainly would lead to market volatility, uncertainty and fuel shortages.
Update: This bill has been referred to the Joint Committee on Transportation. Discussions are under way to study the impacts of a mandate before moving ahead with a proposal.
For questions about transportation bills, contact Sharla Moffett.
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Tax and Fiscal Policies
HB 4079 (Oppose): This bill would create a 3% sales tax on a range of consumer goods, including clothing, electronics, automobiles and recreational equipment. The revenue this tax generated would fund a monthly stipend for lower-income people even as we are trying to bring more people into the workforce.
Update: A Feb. 8 public hearing is scheduled in the House Committee on Human Services.
SB 1524 (Support): This omnibus technical tax modification bill contains elements we support, including the expansion of the rural medical practitioner tax credit and extension of the gain share program.
Update: A Feb. 7 public hearing and work session are scheduled in the Senate Committee on Finance and Revenue.
SB 1525 (Support): This bill would reconnect Oregon’s tax code to the federal tax code, which is essential for reducing compliance costs and complexity for Oregon taxpayers.
Update: A Feb. 7 public hearing and work session are scheduled in the Senate Committee on Finance and Revenue.
For questions about tax and fiscal policy bills, contact Scott Bruun.
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If you’d like to follow the progress of these or other bills yourself, you can do so using the Oregon Legislature’s OLIS site. Information available includes bill text, amendments, hearing schedules and online access, meeting materials and more.