After 42 days — the longest in state history, and one of the longest in U.S. history — the Oregon Senate ended a walkout with both majority Democrats and minority Republicans asserting victory in disputes over abortion access, gender-affirming care and firearms regulation.

The Senate now faces a backlog of 400 bills, including agency budgets, as Oregon’s 160-day session approaches a constitutional deadline of June 25.

A compromise was reached Thursday, June 15, after several failed attempts, including one by Democratic Gov. Tina Kotek, herself a former House speaker. Discussions that began last week resulted in a framework on Monday, but Senate President Rob Wagner, D-Lake Oswego, it took a couple more days to come up with the exact compromise language for the disputed legislation.

The Senate then passed the two bills on identical votes of 17-3, with all Democrats for and three Republicans against. Minority Leader Tim Knopp of Bend and Sens. Dick Anderson of Lincoln City and Lynn Findley of Vale were the three others required for a quorum of 20 senators to do business. Eight other Republicans and one independent who was elected as a Republican were listed as absent; Republican Sen. Fred Girod of Lyons, who is on medical leave, was excused.

Bills to change

Democrats agreed to change some provisions of two bills, which return to the House for action on amendments.

House Bill 2002, which originally passed 36-23 back on May 1, now is amended to allow for parental notification for reproductive and gender-affirming care for those under age 15. But under a specified exception, a doctor or other medical provider can determine that such notice would result in physical or emotional abuse to a minor, or would not be in the best interest of a minor — and thus would not be required.

Of a total of 7,109 abortions recorded in Oregon in 2021, just 14 involved someone under 15. Another 630 patients were between ages 15 and 19, including many 18- and 19-year-olds who would not be affected by any notice requirements.

The bill also was amended to clarify that picketing is excluded from the definition of a new crime of interference with a health-care facility, maximum penalties for which would be 364 days in jail — one day short of a year, that would qualify it as a felony — and a $6,250 fine. The amendment even repeated, word for word, the state constitutional guarantee of free expression.

Most other provisions remain unchanged.

House Bill 2005, which originally passed 35-24 back on May 2, now is amended to narrow the definition of untraceable parts for so-called ghost guns, which would still be outlawed as of Sept. 1, 2024. A first violation would be punishable by a $265 fine; a second violation would be a Class A misdemeanor, with maximums of 364 days in jail and a $6,250 fine. Subsequent violations would be Class C felonies with maximums of five years in prison and a $125,000 fine.

The bill was stripped back to the original proposal by Attorney General Ellen Rosenblum, who has sought such legislation for four years. Removed were provisions to limit access to firearms by people ages 18 to 21, and allow some local governments to bar firearms from public buildings and grounds. (The governing boards of school districts, community colleges and universities got that authority in a 2021 law, and that will be unchanged.)

Republican concessions

Republicans, for their part, agreed to return and suspend Senate rules to allow fast-track consideration of most of the bills that have piled up since May 3. That would ease the way for majority Democrats to approve key bills and budgets.

Under an earlier measure Kotek signed, state agencies continue to have spending authority through Sept. 15.

Wagner, in a brief session with reporters, said he did not have the authority to suspend unexcused absences racked up by nine Republicans and one independent originally elected as a Republican. Under Measure 113, which voters approved Nov. 8, 10 or more unexcused absences from floor sessions would disqualify members from seeking re-election — though Republicans say they are prepared to go to court to challenge it.

The only Senatre Republicans who have not crossed that threshold are Girod, Anderson and David Brock Smith of Port Orford. All three are up for election in 2024, as are six of the 10 others with unexcused absences.

A proposed constitutional amendment (House Joint Resolution 30) was introduced Tuesday in the House to lower the required number for conducting business from two-thirds to a simple majority. It has been referred to the Rules Committee, but Wagner said he doubted there was enough time left for both chambers to take it up. Voters would have to approve such a change.

Oregon is only one of four states — Indiana, Tennessee and Texas are the others — where two-thirds majorities are required to conduct legislative business. Massachusetts has requirements for less than a majority; all other states require only a simple majority.

Walkout history

Even at 42 days, Oregon’s latest legislative walkout was not the nation’s longest. Back in 1924, majority Republicans walked out of the Rhode Island Senate after minority Democrats — backed by the lieutenant governor, also the Senate’s presiding officer — refused to vote on government appropriations unless Republicans agreed to a call for a constitutional convention. Republicans stayed out for six months until the general election, when they prevailed.

According to the Ballotpedia website, other walkouts have occurred in Texas (2003 and 2021), Indiana and Wisconsin (2011).

But in addition to the current walkout, the Oregon Legislature has had several others during the past 22 years, all by the minority party.

In 2001, House Democrats walked out for five days to stall a Republican vote on a legislative resolution — which cannot be vetoed by the governor — on a legislative redistricting plan. Democrats returned after Republicans abandoned the resolution attempt, which the Supreme Court ruled later in 2001 would have been unconstitutional anyway.

In 2019, Senate Republicans walked out twice to forestall votes on a proposed corporate activity tax to fund school improvement programs, and on climate-change legislation. They came back the first time after Democrats agreed to shelve some of their other legislative priorities; the tax eventually passed without Republican support. Democrats ended up shelving the climate-change legislation because they lacked the votes to pass it on their own.

In 2020, Senate and House Republicans walked out to forestall votes on climate-change legislation. Democratic legislative leaders then shut down the session a few days ahead of the constitutional deadline, leaving most bills and budget adjustments to die. The coronavirus pandemic then followed.

In 2021, Senate Republicans walked out for a single day to protest then-Gov. Kate Brown’s actions during the coronavirus pandemic. They returned the next day.