Two More Bad-for-Business Bills Pass the House

Re-cap of NFIB’s highly successful Small Business Day at the Capitol

State Director Anthony Smith reports from Salem on the small-business agenda for the legislative and political week ending April 21

Friday (April 21) was Day 95 of the 160-day 2023 Oregon Legislative Session and with just two months left until the Legislature must adjourn (no later than Sunday, June 25, 2023), the focus of the Legislature has shifted to budget bills and second chamber policy bills – House Bills being heard and worked in the Senate and Senate Bills being heard and worked in the House.

We can also expect to see some increased activity in the House and Senate revenue committees and the Joint Committee on Tax Expenditures, especially after May 17, which is the next and final Revenue Forecast on which the legislature will base its 2023-2025 biennial budget – I’ll have more to say about this in a future update.

With about a third of the bills introduced this year left alive, now is the time for NFIB to be laser-focused on passing the bills we support, amending those that need improvement, and killing the legislative proposals that remain a threat to our members’ ability to own, operate, and grow their businesses.

If you haven’t done so already, please consider reviewing NFIB’s Legislative Agenda for Remainder of 2023 Oregon Legislative Session and reaching out to your lawmakers to make sure they know where NFIB and the small business owners in their districts stand on the issues that are still being discussed and debated in the legislature.

House Passes Two More Bad Bills for Business

On April 11, the Oregon House passed HB 3471 on a strict party-line vote of 35 to 23, with two members excused. The bill was chief sponsored by Rep. Tom Andersen (D-Salem) and Rep. Dacia Grayber (D-Tigard). It seeks to prohibit employers from entering into settlements or agreements disposing of workers’ compensation claims that bar a worker from seeking further employment with an employer unless first requested by the worker.

NFIB issued a “Key Vote” alert in advance of the vote, outlining our objections to the bill:

There are legitimate reasons for requesting a no re-hire provision in cases involving workers’ compensation. First and foremost, instances can and do occur where the employee is no longer able to safely work at the job because of the injury sustained. In the case of an occupational disease, returning to the jobsite will likely result in further exposure and the prospect of another workers’ compensation claim.

Requiring no re-hire requests to come from employees is impractical, since injured workers will not know that they can request this as part of the settlement negotiation, unless they are already represented by an attorney, in which case their attorney should be able to communicate the monetary value of a no re-hire provision for the employee’s consideration.

An amendment was offered in the House Committee on Business and Labor to limit this new requirement to those workers who are not represented by an attorney, since these individuals would not have received counsel regarding the potential benefits and consequences of a no re-hire provision. This amendment was rejected. The adopted amendment creates a new unlawful employment practice as well as a private right of action.

In some circumstances it may be beneficial for the injured worker, the employer, or both, to part ways. All parties should have this option when negotiating a settlement, especially when represented by competent attorneys who are more than capable of ensuring the best possible outcomes for their clients.

The following day, the House debated HB 2057, which you’re likely to be familiar with from a previous update. As you’ll recall, the measure would make general contractors liable for the unpaid wages of their subcontractors. Unlike the prior bill, this measure received opposing votes from both parties and nearly died on the floor, but ultimately passed by one vote, 31-24, with five members excused.

NFIB issued a “Key Vote” alert on this bill as well – and since the vote was so close and the bill passed with bipartisan opposition, there’s an opportunity for the Senate Committee on Labor and Business to make some urgently needed changes when/if the committee chair decides to move the bill forward.

NFIB’s Small Business Day at the Capitol

Each year (and in most states that have a legislative session) NFIB hosts its flagship state advocacy event, “Small Business Day.” It’s an opportunity for small business owners to gather together, learn about the top issues impacting their businesses, and take a unified message to their state capitol.

Unfortunately, due to the COVID-19 pandemic, we were unable to have these events for the last several years. In fact, the last time we were able to do so was in January of 2020 – more than three years ago.

This year, however, the Oregon State Capitol has re-opened to the public – and while it’s still undergoing a major construction project to make the building more resistant to damage from a major seismic event, we thought it was a good idea to invite Oregon’s small businesses back to their capitol.

At the same time, business owners from across the state have been able to participate in the “virtual” version of this event for the last two years – and we wanted to keep that as an option for those who would be unable to make the drive to Salem.

So, for the first time, our Small Business Day was a hybrid event. Here’s what the day looked like:

9:30 a.m. – NFIB members arrived in Salem for registration and networking

10:00 a.m. – In-person and Virtual Small Business Legislative Issue Update

10:45 a.m. – Advocacy 101 with NFIB’s Senior Grassroots Program Manager Stacy Jenkins

11:45 a.m. – Lunch (great food from a local, small business in Salem!)

1:00 p.m. – The group attended a meeting of the Senate Committee on Judiciary to hear testimony on HB 3242 and HB 3243 – the two insurance bills NFIB is opposing, see previous update

2:30 p.m. – Meeting with Rep. Lucetta Elmer (R-McMinnville) to discuss NFIB priorities

2:45 p.m. – Meeting with Sen. Mark Meek (D-Clackamas County) to discuss NFIB priorities

3:00 p.m. – The group attended a meeting of the Senate Committee on Finance and Revenue to hear NFIB State Director Anthony Smith testify on pro-small business estate tax bill, SB 498

4:00 p.m. – NFIB members distributed NFIB’s Public Policy Priorities Handout to legislative office, speaking with legislators and their staff members.

5:00 p.m. – We called it a day!

Special thanks are in order for everyone who attended the events of the day – both in-person and virtually – and to all the NFIB staff, legislators, and legislative staff that made the day a great success!

NFIB would also like to thank our members for taking action by contacting their lawmakers to stress the importance of NFIB’s 2023 Public Policy Priorities for Oregon! This action alert is still “live,” so if you haven’t taken action yet, we would certainly appreciate your help. It really makes a difference!

Previous Weekly Reports and Related Information