LOC News
Special Session #1 Summary: 25 Bills Passed by Legislature
Oregon’s first special session of 2020 ended at 7:09 p.m. on Friday, June 26. While the state has held special sessions in the past, none compare to the scope, urgency or purpose behind the governor’s call for this one. There has been international focus on a response to the COVID-19 pandemic as well as in Oregon, but the catalysts for calling this special session was Oregon’s response to the tragic death of George Floyd, police brutality, and racial injustice in America. A package of six bills related to police reform was identified as a priority of the Legislature, and all of them passed with overwhelming support. In addition, a new Special Committee on Transparent Policing will be handling elements of the police reform legislation that passed.
For the LOC, one of the key objectives for our legislative efforts was police arbitration, which was covered in SB 1604. The LOC has been supportive of changes for added accountability in policing for years. We were also supporting legislation that provides relief from public meetings, which was included in HB 4212. Finally, establishing a permanent funding source for broadband expansion remained an important priority, and SB 1603 provided the culmination of persistent work from LOC staff, an expanded partnership, and hard work from Rep. Pam Marsh.
The summary below represents the full list of 25 bills that passed during the special session. Those bills with the icon were of primary focus for the LOC’s lobby team.
Police Reform Package:
SB 1604 - establishes a discipline matrix or guide a mandatory subject of collective bargaining, meaning the topic cannot be refused by one party in a labor negotiation. Once such a guide or matrix is in a contract, an arbitrator could not override discipline imposed by a police chief that’s in accordance with the agreed upon guide. Passed the Senate (26-0-4), House (57-0-3);
- HB 4201 - creates a Joint Committee on Transparent Policing and Use of Force Reform that will report back to the Legislature in 2021 with recommendations on police transparency and use of force. It is anticipated that much of the work of this committee will be to reform instances of deadly force and force that results in serious physical injury. Passed the House (55-2-3), Senate (25-1-4);
- HB 4203 - limits the instances when a choke hold or other physical tactics that restrict the air and blood flow in the neck can be used to instances in which deadly force is authorized under existing law. The practice will be banned as a means of securing custody or control of an individual. Passed the House (52-5-3), Senate (25-1-4);
- HB 4205 - requires that all police and reserve officers must intervene in instances of excessive force and other serious misconduct and report that misconduct to a supervisor. Passed the House (55-2-3), Senate (26-0-4);
- HB 4207 - creates an online database of officers who have had actions taken against their police certifications and requires police agencies to keep the personnel records of police officers for 10 years and provide those records to any agency seeking to hire a police officer who works for has worked for them. A city would also have immunity from civil action for releasing that information. Passed the House (54-3-3), Senate (26-1-3).
- HB 4208 - bans the use of projectile fired tear gas or other irritants to disperse public disturbances, but allows their use during a declared riot. Aerosol sprayers, such as the containers an officer carries on their belt and which must be used in close proximity, are not addressed in the bill. Passed the House (53-4-3), Senate (25-2-3).
Liability Protection:
The Legislature had been poised to take up liability protection that would have protected cities and other entities that comply with guidance given by the governor’s executive orders and the Oregon Health Authority for claims resulting from COVID-19. Instead, the presiding officers sent that issue to a workgroup with the hope that it will be taken up in the next special session. Given this protection will not be provided now, cities should be in regular contact with their attorneys and CIS risk managers when implementing their re-opening plans. This is a very disappointing outcome given the broad coalition of support that included local governments, schools and the business community. LOC will work within the work group process to advance our concerns.
Broadband Investment:
SB 1603 has been a priority bill for the last two sessions. The LOC is part of a large coalition of supporters that includes schools, cities, counties, telecommunications providers, cable providers and others. SB 1603 will help close the digital divide by expanding the Oregon Universal Service Fund (OUSF) to include cell phone users in the fee pool. The additional funds generated by adding cell phone users to this fee pool will establish a sustainably funded broadband grant program within the state’s newly established Broadband Office to help cities pay for broadband planning and/or infrastructure projects. Passed the Senate (16-10-4), House (38-19-3).
Housing Stability
HB 4204 enacts a moratorium on foreclosures until September 30 and gives homeowners an opportunity to roll payments plus interest to the end of their loan. Passed the House (39-18-3), Senate (19-8-3).
HB 4213 extends the moratorium on residential and commercial evictions until September 30, 2020 and provide a 6-month grace period for repayment. Passed the House (43-14-3), Senate (19-8-3).
- HB 4212 Omnibus bill covering a range of issues. Passed the House (47-10-3), Senate (21-4-5).
Emergency Shelter and Siting (from the 2020 session). Waives all local siting and zoning regulations and the land use appeals process, for approving the siting of emergency shelters for a 90-day period.
Local Government and Special Government Body Public Meetings and Operations. Relief from public meeting law allowing local governments to conduct all meetings using telephone, video conferencing or other electric means.
Low Income Utility Bill Assistance. Establishes the low-income utility payment fund within state treasury independent from the General Fund.
Garnishment Modifications. Protects CARES Act recovery rebate payments from garnishment.
Judicial Proceeding Extensions and Electronic Appearances
Pilot Program for Remote Notary Services
Extends Termination of Enterprise Zones. Those set for termination June 30, 2020 would now terminate December 31, 2020.
Other Bills of Interest
SENATE
SB 1601 - allows State Transportation Improvement Fund (STIF) monies to be used to maintain existing pubic services. Passed the Senate (27-0-3); House (55-2-3).
SB 1602 - requires the governor to facilitate mediation sessions between the forest industry and environmental interest representatives. Passed the Senate (24-2-4); House (57-0-3).
SB 1605 - modifies the Oregon Promise program to extend eligibility to certain Oregon foster children who attain their highest level of education while in out-of-state placements. Passed the Senate (26-0-4); House (57-0-3).
SB 1607 - extends for one-year small school district grants and school district funding for foreign exchange students. Passed the Senate (26-0-4); House (56-0-4).
SB 5711 - budget bill needed to implement legislation passed during the first special session. Passed the Senate (25-1-4); House (57-0-3).
HOUSE
HB 4202 - makes a series of technical fixes to the Commercial Activity Tax, which was passed during the 2019 session. Passed the House (25-1-4); House (55-2-3).
HB 4209 - clarifies that the Eastern Oregon Border Economic Development Board may administer 10 programs as opposed to 10 grants. The bill allows the board to work with a third-party administrator. Passed the House (56-0-4); Senate (27-0-3).
HB 4210 - repeals driving privilege suspension and eliminates imposition of driving privilege restrictions for failure to pay fines. Passed the House (44-13-3); Senate (20-7-3).
HB 4211 - clarifies the timing of when the Oregon Department of Education is required to make transfers from Fund for Student Success. Passed the House (52-5-3); Senate (27-0-3).
HB 4214 - declares Oregon policy regarding Native American children. Passed the House (57-0-3); Senate (26-0-4).
Contact: Jim McCauley, Legislative Director - jmccauley@orcities.org
Last Updated 7/2/20