Deadline kills Oregon pesticide lawsuit bill, other legislation
SALEM — A proposal to make lawsuits over alleged pesticide damages easier to file in Oregon has died along with several other bills that could have impacted agriculture.
Senate Bill 500 wasn’t scheduled for a work session as of April 7, killing the legislation.
Under current law, anybody who claims to be harmed by pesticides must submit a report within 60 days to the Oregon Department of Agriculture before taking legal action against the landowner or applicator.
Senate Bill 500 would have removed the requirement, which was characterized by proponents as an unfair impediment to justice and by critics as a reasonable barrier to frivolous litigation.
Critics of the bill argued the reporting requirement allows ODA to gather facts substantiating or repudiating the claims of pesticide loss, thus avoiding litigation based on weak or nonexistent evidence.
The 60-day window also ensures that accused farmers have an opportunity to collect evidence, which may not be possible if a lawsuit is filed long after an alleged incident, opponents said.
Supporters of SB 500, on the other hand, said the “report of loss” requires submitting specifics that are difficult for people to obtain, such as the type of pesticide applied and who sprayed the chemical.
Rural residents who are exposed to pesticides often won’t realize they must submit a report to ODA, according to proponents.
If they find out about the 60-day deadline too late, residents are then permanently blocked from seeking legal recourse, supporters said.
The April 7 deadline, which lawmakers set early in the legislative session, also marked the death of other farm-related proposals:
• Senate Bill 499 would have changed Oregon’s “right to farm” law to exclude pesticide usage. The statute currently protects common agricultural practices from lawsuits over nuisance and trespass, but SB 499 would have specifically allowed litigation over pesticide use.
• Senate Bill 198 would have established an Independent Science Review Board to analyze controversial decisions by state agencies, such as wolf management or restrictions on genetically engineered crops. Representatives of natural resources industries objected to SB 198, arguing that such a panel would create another layer of bureaucracy without ensuring objectivity.
• Senate Bill 866 would have held cities liable for discharging pollutants in stormwater into irrigation canals without permission. Supporters claimed SB 866 was necessary for irrigators to comply with environmental laws, but municipal governments said the bill would unrealistically require them to collect and divert all the rainwater falling within their boundaries.
• House Bill 2180 would allow workers with unpaid wage complaints to file liens against the property of their employers. Supporters of HB 2180 said the proposal would prevent employers from transferring assets to another entity to avoid paying unpaid wages. Critics countered that such liens could disrupt business transactions even without proving any wrongdoing by an employer.
• House Bill 2181 would have created a “rebuttable presumption” that employers unlawfully retaliated against workers who were fired within 90 days of filing an unpaid wage claim. Employers argued that under HB 2181 they’d be considered guilty until proven innocent.
• House Bill 2365 would have created a task force to study transferring federal land to state ownership. Such transfers are opposed by environmental groups that say state government wouldn’t be able to afford the upkeep of such lands, forcing their sale to private parties.
• House Bill 3016 would prohibit discrimination by county and city governments against any specific type of livestock in zones where livestock are generally allowed. Critics of HB 3016 worried the bill would prompt local governments to make more zones livestock-free.