Abortion and gun bills done, Legislature turns to rent control

Published 7:00 pm Friday, June 23, 2023

Abortion, guns and nurses have been cleared away and sent to the governor.

Impeachment and rent control are halfway there.

But college construction and the statewide largesse of the “Christmas Tree Bill” wait until the end of the 2023 legislative session.

And when will the end come? Saturday? Not much past that. The constitution says it has to shut down by the end of Sunday.

To get to the final gavels, the House and Senate moved like two conga lines on a high-speed treadmill: too crowded, too fast and more than a bit exhausting

The legislators are trying to make up the lost time of a six-week Senate Republican boycott that left the chamber unable to do any business at all.

Now the question is which will run out first — bills to vote on or the time left before the mandatory adjournment Sunday.

“Ayes and Nays” go well into the night

The Senate went well into the night on Thursday to clear out 83 bills on the agenda. The House had a lighter day — relatively — with 36 bills to vote on.

A late Senate vote approved House Bill 2697, which would set standards for minimum nurse-to-patient ratios. It would also protect the jobs of nurses and nurse assistants who report violations of the minimums. The bill now goes to Gov. Tina Kotek, who is expected to sign it into law.

According to Sen. Deb Patterson, D-Salem, the bill’s chief sponsor, nearly 70% of Oregon’s nurses say they are experiencing severe burnout. More than three-quarters report that their work lives are dangerously stressful due to unsafe levels of staffing and poor working conditions. The result has been significant turnover in hospitals, further exacerbating staff shortages.

Legislation to greatly expand Oregon drivers’ options to pump their own gasoline is also now on the governor’s desk. House Bill 2426  strips away most of the restrictions that have been in place since full-service gas pumping was made the law in 1951. Since 2018, large swaths of rural Oregon have been able to pump their own gas. The new law would extend self-serve into the rest of the state, with the caveat that full-service must still be available in urban areas without an extra cost.

Senate Minority Leader Tim Knopp, R-Bend, said Oregon drivers had nothing to worry about. As a member of a fueling cooperative, he pumps his own gas.

“I have yet to light myself on fire. I have yet to cause any problems whatsoever as it relates to self-serve gas,” Knopp said in a speech on the Senate floor.

Also on the governor’s desk are the remnants of the deal to bring Republican senators back to the Senate.

House Bill 2002 on abortion access and House Bill 2005 on gun control are shadows of the original versions passed by the House. But enough was left — a ban on “ghost guns” without traceable serial numbers, for example — for House Democrats to approve the amendments and send the bills to Kotek for her signature.

The bills in between

Other major legislation is approaching the finish line. Note: Because of the late session of the Legislature on Thursday, some bills listed below may have advanced further than what is listed.

House Joint Resolution 16 would fix a major missing piece in the Oregon Constitution: the ability to impeach and remove the governor or other top elected executive officers. The resolution passed the Senate unanimously and is scheduled for action in the House Rules Committee on Friday. 

Oregon is the only state that doesn’t have a way for the Legislature to remove a governor against their will. A governor can only be recalled through a laborious process that can often take a year or more. A delay in the 2015 resignation of Gov. John Kitzhaber over alleged influence peddling in his office showed the lack of state options. Kitzhaber did step down and Secretary of State Kate Brown became governor, but the specter of a stalled departure has remained.

Under the resolution, a constitutional amendment would be put before voters to allow for impeachment of statewide executive officers by a vote of two-thirds of the House. A trial in the Senate overseen by the Chief Justice of the Oregon Supreme Court would be held and if two-thirds of senators agreed, the governor or other official would be removed from office.

The House unanimously approved the resolution and it now awaits a vote, likely Friday, in the Senate. That would send the issue to voters to decide on the November 2024 ballot.

Among other action that was at various levels of passage as of Thursday afternoon:

TikTok ban: State workers would be barred from downloading the popular app from China onto their state-issued cellphones, iPads, computers and other devices under House Bill 3127. The bill was sent to Kotek on Thursday. Oregon would join 27 other state and the federal government with similar bans. The presence of an app created and controlled by what Sen. Aaron Woods, D-Wilsonville, “a hostile foreign power” was a cybersecurity risk. 

Bend targeted tax lien revenue: Seven of the largest Oregon counties would have more control over revenue from forfeited property under House Bill 3440, which was passed by the Senate Thursday afternoon and sent to Kotek. Current law requires foreclosed property sales revenue to go proportionately to each taxing district in a county. The funds can go to fire, library and other services. The law exempts counties with a population over 650,000. Multnomah County — with a current population of 810,000 — is the only one of the 36 counties in the state that meets the current population criteria. Deschutes County wants to be able to target the money for homeless programs. Commissioner Phil Chang worked with Rep. Emerson Levy, D-Bend, on a bill that dropped the population level to 200,000. The list of eligible counties would expand to include Washington, Clackamas, Lane, Marion, Jackson and Deschutes. Only Deschutes has publicly said it has plans to implement the policy.

Pet store ban: No more “how much is that doggy in the window?” as sales of dogs and cats are banned from retail stores under House Bill 2915. It’s passed both chambers, but is back in the House awaiting approval of Senate amendments.

No animal tests: House Bill 3213 bans the sale of cosmetics that were developed using tests on animals. The bill was sent to Kotek.

Commitment of children: Children with intellectual disabilities could not be committed to state facilities without consent of a parent or legal guardian under House Bill 3234. It removes the requirement for new diagnostic evaluation in determining continued commitment beyond an initial 12-month period. The bill passed the House and Senate unanimously and now goes to Kotek. 

Retrial: People convicted by jury decisions that were not unanimous can seek a retrial under Senate Bill 321. Oregon was one of the last states to allow criminal convictions by juries that were not unanimous.

Newspaper legal notices: Legal notices that are currently required to be published in print newspapers can in be printed in digital publications if no print publication is available. House Bill 3167 sets standards for when the newspaper recognized as best suited for publication of public notices ceases to operate and no suitable alternative exists.

Marketplace