Oregon lawmakers passed just under 120 bills during last year’s short legislative session, 20 of which went into effect Jan. 1.
“These changes will make Oregon more safe, more fair, and more affordable,” Senate Majority Leader Kate Lieber said in a press release issued by Democratic legislative leaders highlighting some of the changes. “But, the work isn’t done. We look forward to delivering more progress for the people of Oregon in 2023.”
Here’s a rundown on some most likely to affect everyday life in east Linn County citizens:
Fishing License Changes
House Bill 4072 eliminates the one-day angling license administered by the Oregon Department of Fish and Wildlife, and decreases the rates for a one-day angling and shellfish license from $32.50 to $23.
The measure also creates two new fees, for Rogue-South Coast Steelhead Validation ($2 for residents and $4 for non-residents), and for Rogue-South Coast Wild Steelhead Harvest Cards ($10 for residents and $20 for nonresidents). Revenue from these fees is intended to be used for new research and monitoring actions associated with implementing the Rogue-South Coast Multi-Species Conservation and Management Plan, developed to guide management of steelhead, coho salmon, and cutthroat trout in southwest Oregon coastal watersheds.
It passed the House 58-2 and the Senate 26-0. East Linn County’s state-senator-to-be Cedric Hayden reported a possible conflict of interest as House District 7 representative because he owned a company that provided aviation services for tracking wildlife for ODFW. He voted “nay.” Current Rep. Jami Cate was an “aye.”
Paid Leave ‘Benefit Year’
Senate Bill 1515 modifies the definition of “benefit year” for the purposes of the Oregon Family Leave Act, the state’s paid family and medical leave insurance program, which will start providing benefits to workers in September 2023.
For the purposes of the program, the benefit year will be a period of 52 consecutive weeks beginning on the Sunday immediately preceding the date when a person begins taking paid leave.
The Oregon Family Leave Act (OFLA) provides employees with 12 weeks of time off per year for qualifying family leave, which includes parental, serious health condition, pregnancy disability, sick child, military family and bereavement leave. Additional leave may be taken for specified purposes. The leave protected by OFLA is unpaid unless the employee uses vacation, sick, or other forms of paid leave available to the employee.
In 2019, the Legislative Assembly passed House Bill 2005, establishing the Paid Family and Medical Leave Insurance (PFMLI) program. Under the program, an employee may receive wage replacement benefits for qualifying family, medical or safe leave for a maximum of 12 weeks per benefit year. The law defines a “benefit year” to be a 12-month period determined by rule of the Director of the Employment Department. Senate Bill 1515 defines “benefit year” for purposes of the PFMLI to mean a period of 52 consecutive weeks beginning the Sunday before leave commences or 53 weeks if necessary to avoid overlap with any quarter of the base year of a previously filed valid claim. The measure removes a requirement that the director of the state Employment Department determine the 12-month benefit year and establishes alternatives by which an employer may determine a benefit year period.
The bill passed the Senate 23-0 and the House 50-1.
Dental Care for Islanders
Senate Bill 1538 establishes an Oregon Health Plan program to provide dental care to low-income citizens of the island nations in the Compact of Free Association who are residing in Oregon.
After World War II, the United States assumed administration of the Trust Territory of the Pacific Islands, which included the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands and Palau. Individuals from these islands, referred to as “Compact of Free Association” (COFA) citizens, can freely migrate, without work permits or visas, and study, live, and work in the United States.
In 2021, the Centers for Medicare and Medicaid Services (CMS) issued guidance directing states to cover all Medicaid benefits included in the state plan for COFA citizens who otherwise meet all of the state’s eligibility requirements. Senate Bill 1538 requires the Oregon Health Authority to establish a program to provide dental coverage for low-income COFA citizens who reside in Oregon and lack access to affordable dental coverage.
It passed the Senate 25-1 and the House 57-1.
Making Voter Registration Easier
House Bill 4133 allows individuals who do not possess driver’s licenses to register online to vote by using the last four digits of their Social Security number and electronic submission of an image of their signature.
For more than 10 years Oregon has allowed both online voter registration and those who have a valid Oregon driver’s license, permit, or identification card can register to vote online at My Vote.
(Oregonians may also register to vote by returning a voter registration form by mail; in person at a county elections office; or automatically after a qualifying interaction with the Oregon Department of Motor Vehicles – Oregon Motor Voter.)
For those who register online or through Oregon Motor Voter, the signature on their driver’s license, permit, or identification card serves as the signature for their voter registration card and is the signature used to validate election ballots. House Bill 4133 extends the convenience to those without driver’s licenses, and also allows approved third-party organizations to securely submit registration cards electronically on behalf of individuals.
It passed the House 33-22 (Cate and Hayden were “nay” votes) and the Senate 18-7.
Crime Victim Restitution
House Bill 4075 makes it easier for crime victims, particularly small businesses that are burglarized, to receive restitution for economic damages in part by ensuring that victims are paid in full, rather than restitution payments being split evenly between the victims and the court, which made it more difficult for victims to receive financial reimbursement.
It passed the House and Senate unanimously.
School Board Members’ Statements of Economic Interest
House Bill 4114 requires school board members to file verified statements of economic interest with the Oregon Government Ethics Commission.
Oregon state laws prohibit the use of public office for financial gain, and so they require disclosure of economic interests and conflicts of interest, and provide sanctions and procedures for enforcement of violations for many offices, which are overseen by the Oregon Government Ethics Commission. Statewide elected officials, legislators, judicial officers, state agency directors, every elected city or county official, members of many state boards and commissions, and the chief administrative officer and financial officer of each common and union high school district, education service district, and community college district are required to file annual verified statements of economic interest (SEI) with the Ethics Commission by April 15 of each calendar year. They must provide the names of their businesses, their sources of income, property they own, their debts, shared business with lobbyists, business investments of more than $1,000, and more.
A May 2021 audit of the OGEC by the Secretary of State Audits Division recommended adding school board members to the list of public officials required to submit a SEI. The audit noted that since school board members manage a critical public function and allocate billions of dollars in revenue as part-time public officials with other employment and community connections, “it is important to provide the public with adequate information about these potential conflicts to maintain accountability and fairness.”
The legislation passed the House 41 to 16 (Cate and Hayden were “nay” votes) and the Senate 23 to 3.
Rewording ‘Aliens’
Senate Bill 1560 requires state agencies to refer to individuals who are not citizens or nationals of the United States using “noncitizen” instead of “alien.”
“Referring to immigrants and refugees as ‘aliens’ is an outdated, dehumanizing practice that stems from xenophobia and allows individuals to express bigotry without using overt racist language,” said Senator Kayse Jama, (D-Portland), who sponsored the bill. He was the first former refugee, Muslim, and Somali-American to serve in the Oregon State Senate. Before his appointment, Jama was a prominent community organizer and executive director of Unite Oregon.
“As a former refugee, who was once classified as an ‘alien,’ I am proud that Oregon Legislature considers updating its laws to reflect our values,” Jama said following passage of the bill. “I hope that more states follow.”
It passed the Senate 24-1 and the House 48-9 (Cate was a “nay” vote, Hayden was “aye.”)
Sexual Assault Forensics
Senate Bill 1574 allows the state to include specific documentation on injuries, evidence collection and forensic exam history in a sexual assault forensic evidence kit, if authorized by the victim.
Prior to Jan. 1, a victim of sexual assault who received an assessment at a medical facility would provide information to the examiner regarding the incident and relevant events before and after the assault. The medical examiner documented the information, documented injuries, and collected forensic evidence for testing.
After the medical assessment, the medical facility sends the forensic evidence kit to the Department of State Police. The victim can now choose to remain anonymous and the kit will be stored. But the kit will now be tested at any time the victim chooses to participate in the creation of a report with law enforcement. The law requires preservation of all sexual assault forensic evidence kits for 60 years. The medical examiner’s notes and documentation are not explicitly required to be part of the forensic evidence kit, and might not be preserved as a result. Medical facilities have their own document retention policies and are not subject to the preservation period for sexual assault forensic evidence kits.
Medical assessment documentation may be unavailable to assist a victim or medical examiner with recollection during prosecution, or to assist a victim who later chooses to make a report.
The law passed unanimously in the Senate and the House.
Testing Testing
There’s a lot to House Bill 4124, but in brief, it requires that the Oregon Department of Education survey district testing results to determine how effective those assessments are to gauge students’ progress within a district.
Federal law requires that Oregon assess students annually in grades three through eight and once in high school in both mathematics and English language arts, along with periodical assessments in science and social studies. In addition, local districts and individual teachers give their own assessments in order to determine students’ academic progress throughout the year.
The law requires the Department of Education to survey districts, establish best practices related to district-level assessments, make recommendations regarding the use of assessments, and requires the timely transfer of complete educational records in certain circumstances.
It passed 49-10 in the House (Cate and Hayden were “nay” votes) and 23-3 in the Senate.
Red Light Camera Enforcement
Although this one will likely initially impact only Portland residents, HB 4105 authorizes “a duly authorized traffic enforcement agent,” who may not be an actual police officer, to review and issue citations based on photographs taken by red light cameras or radar cameras. These authorized agents include people who are employed and sworn in by the governing body of the city they work in. The agent must complete training to become authorized to review the photographs and issue citations.
All cities in Oregon are authorized to operate cameras to provide for photo enforcement of violations for failure to obey a traffic control device. Previous to this law, review of photographic evidence was done by a sworn police officer, and a citation was issued by mail to the registered owner of the vehicle.
House Bill 2409 (2017) allowed red light cameras to also be used for speed limit violations.
The rationale behind the new law is that it will free up police officers to respond to more pressing issues. The legislation passed the House 36-23 (Cate and Hayden were “nay” votes) and the Senate 17-6.
Workers Compensation
House Bill 4086 makes key changes to the state’s workers’ compensation laws by broadening the definition of a beneficiary, expanding protections against retaliation in connection with workers compensation claims, and expands who can access death benefits. It also cleans up “offensive and discriminatory language” included in the previous law.
The legislation passed 48-6 in the House (Cate and Hayden were “ayes”) and 23-4 in the Senate.
Fines for Fake Real Estate Agents
House Bill 4103 increases minimum and maximum civil penalties that the state Real Estate Commissioner may assess for people engaging in professional real estate activity without holding an active license. The new law increases penalty for first offense from a minimum of $100 to $1,000 and a maximum of $500 to $2,500. It increases the penalty for second and subsequent offenses from a minimum of $500 to $2,500 and maximum of $1,000 to $5,000. The law applies to offenses committed after Jan. 1 of this year.
It passed 51-1 in the House and passed unanimously in the Senate.
Child Support
House Bill 4121 authorizes a presiding judge to appoint a child support referee to process or hear certain child support or parentage matters.
Oregon utilizes court referees in certain areas, such as Juvenile Court, and House Bill 4121 creates statutory authority for presiding judges of judicial districts to delegate specific matters related to child support, such as establishing parentage and child support orders (including modification and enforcement) to a referee. The law allows for review of a referee’s ruling by a circuit court.
It passed unanimously in the House and the Senate.
Temporary Disability
House Bill 4138 provides more rights for workers who have received compensation benefits after being injured. It creates restrictions on employers and insurers, and extends time periods for backdated maximum improvements so workers are less likely to get caught in situations where they have been “overpaid” by insurance companies.
It passed unanimously in the House and 25-1 in the Senate.
Discrimination/Harassment Settlements
Senate Bill 1586 expands Oregon’s Workplace Fairness Act to make it unlawful for an employer to require former employees to enter into an agreement that would prevent them from disclosing discrimination and harassment. A similar law already covered current and prospective employees. The law also prohibits employers from including provisions in agreements that would prevent the disclosure of the amount or fact of a settlement, unless an employee requests that provision.
It passed 22-9 in the Senate and 47-9 in the House (Cate was “nay,” Hayden was “aye.”)
Nonresidential Alarms
House Bill 4027 limits the regulations local governments can put on nonresidential alarm systems and battery-charged fences that otherwise meet standards set by the International Electrotechnical Commission. It passed 53-1 in the House (Cate was the lone “nay”) and unanimously in the Senate.
Home Health for Newborns
Senate Bill 1555 requires that a health benefit plan offered in Oregon reimburse the full cost to providers that deliver in-home nurse visits, which are universally and voluntarily available to all families in Oregon with newborns. It passed the Senate 19-4 and the House 48-9 (Cate and Hayden were “nays”).
Firefighters Health
House Bill 4113 expands the list of cancers considered occupational diseases for firefighters under state law to include bladder and gynecologic cancers.
It passed the House 55-3 (Cate was a chief sponsor of the bill) and passed unanimously in the Senate.