OR: Editorial: A rollercoaster ride for Oregon’s transportation bill

Provided everything goes according to plan, Democrats will soon be able to claim victory on a $4.3 billion proposal to fund state and local transportation needs and prevent hundreds of layoffs. House Bill 3991, developed by Gov. Tina Kotek, squeaked out of the Oregon House last week with the 36 votes needed to approve the tax increases. It now awaits a vote in the Oregon Senate later this month.

The only problem? Almost nothing with the transportation proposal has gone according to plan. Not in the regular session, when the original blockbuster bill buckled under the weight of its $15 billion price tag. Not at adjournment when the session ended before a substitute barebones bill could make it to a vote.

And not in the Labor Day weekend special session where chaos replaced the highly-choreographed, pre-negotiated production that typically governs special sessions. On the session’s first day, House Speaker Julie Fahey scrambled nearly all day to line up enough legislators to meet quorum requirements. Then, a few days later, Senate President Rob Wagner announced he was postponing any Senate action until Sept. 17 as one legislator – whose “yes” vote is crucial to passage – recovers from health issues. The transportation bill’s rollercoaster ride continues, while the budgets of the Oregon Department of Transportation and local government transportation agencies across the state hang in the balance.

While the special session has not concluded, there are a few takeaways worth noting.

Kotek may have drawn too hard a line in negotiations, leaving no room for error. Democrats own supermajorities in both chambers of the Legislature and can, theoretically, pass a tax increase without a single Republican vote. But the transportation bill asks a lot of taxpayers, increasing the gas tax by six cents to 46-cents-per-gallon; doubling car registration fees; hiking title costs 181%; and requiring electric-vehicle and hybrid-vehicle drivers to enroll in a program to charge by the mile. The bill also doubles the 0.1% payroll tax for two years and earmarks that revenue for public transit. As a result, Democrat Annessa Hartman of Gladstone voted against the package in the House. To get the requisite 36 votes, Democrats needed Rep. Hoa Nguyen of Portland, who is receiving treatment for cancer, to come to Salem and for Republican Cyrus Javadi of Tillamook to vote yes. Javadi re-registered as a Democrat just days later.

The bill faces similarly tight math in the Senate, and Democrats are counting on Sen. Chris Gorsek of Gresham, who is recovering from post-surgery complications, to be able to vote on Sept. 17. That puts extraordinary pressure on people facing serious health issues. While the bill had some concessions, Kotek was unwilling to yield on other key issues, such as canceling an executive order benefiting unions that will make road projects more expensive. Such a consequential bill needed to be truly bipartisan.

Fahey failed at one of her responsibilities as speaker – ensuring quorum. All along, Democratic leaders were confident they would have enough members present in each chamber to meet quorum requirements for doing legislative business. In the House, that means ensuring that 40 of the 60 members attend. Democrats control 36 seats and House Republican Leader Christine Drazan had told the governor weeks ago that her caucus would provide four Republicans, as Dick Hughes reported in his July 24 Capital Chatter column.

But at least three Democrats were absent for part or all of the special session raising the question of why Fahey was not better prepared. A spokeswoman for Fahey, who decides whether to disallow a requested absence, did not respond to an email asking why the speaker allowed so many Republicans and Democrats to be excused during the session.

No work plus a stalled session still equals per diems for legislators: Due to constitutional requirements, the House could not adjourn after its vote with the Senate remaining in session until Sept. 17. So, House members will continue to draw their $178 per diem for each day that there’s a floor session until final adjournment. That will be four days’ worth, starting after their Sept. 1 vote. The deal’s sweeter for Senate members, who receive their $178 per diem per calendar day, including weekends and holidays, according to the legislative administration office, until Sept. 17.

Oregonians should follow the money: Although Kotek rejected calls to specify in the bill that all new revenue dedicated to the State Highway Fund would go to maintenance and operations, she did write a letter to ODOT Director Kris Strickler directing him to prioritize those needs. Such wording is not binding, however, and ongoing major highway projects still lack a funding source. It’s something to keep an eye on. Assuming, of course, that the bill passes according to plan.

-The Oregonian/OregonLive Editorial Board

This editorial was updated to correct the increase in title fees. The cost of title fees will go from $77 to $216, a 181% increase.

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