Worker housing on an illegal marijuana grow in Southern Oregon. (Department of Homeland Security)

Oregon landowners would gain additional protections in legislation meant to discourage unregistered labor camps on illegal marijuana operations, nullifying opposition to the proposal among farm groups.

Revisions to House Bill 3194 would afford stronger legal defenses to landowners, though the amended proposal would continue to hold them jointly liable with operators for farmworker camp violations.

Critics such as the Oregon Farm Bureau and Columbia Gorge Fruit Growers were initially alarmed by its potential for unintended consequences, as the bill broadly affected farmworker camp regulations despite its conception as a weapon against illicit cannabis.

“Oregon Farm Bureau does not stand with bad actors who look the other way and allow the cartel to grow illegal marijuana on their property,” said Lauren Kuenzi, the Farm Bureau’s director of government and political affairs. “However, because House Bill 3194 is not limited to illegal cannabis grows, it was important for us to ensure the bill does not adversely affect farmland lease agreements.”

To be absolved of liability, under the original version of HB 3194, landowners would have to prove they were unaware of farmworker camp violations.

Farm organizations feared this language could harm elderly or out-of-state landowners who unknowingly lease their property to illegal marijuana producers, or that they’d become liable for complying with stricter housing standards unrelated to cannabis.

Under the recently approved amendment, though, it would be up to the worker to prove the landowner knew of the violations — convincing the Oregon Farm Bureau and Columbia Gorge Fruit Growers to become neutral on the proposal.

“It changes who has the burden of proof in the bill,” said Kate Suisman, attorney for the Northwest Workers Justice Project nonprofit.

The amended bill only applies to farmworker camps that require registration, which means it wouldn’t apply to other types of housing offered to workers.

Also, the new version creates a “rebuttable presumption” that landowners are unaware of violations if they require tenants to sign a written lease agreement prohibiting unregistered labor camps.

“It gives the honest brokers — who take the time to have a lease saying you can’t have housing — some cover, which the worker can then rebut,” Suisman said.

Finally, the bill’s proponents compromised with its critics on increasing penalties that workers can recover from landowners for labor camp violations.

The original version of HB 3194 would’ve increased the penalty from $500 to $2,000 and allowed workers to be awarded that amount for each violation. The amended version limits the entire recoverable amount to $2,000.

Proponents say that HB 3194 is necessary to combat the “humanitarian crisis” occurring on illegal marijuana operations, where migrant workers often live in “squalorous conditions” and are later abandoned if the grow site is shut down.

“The state should not be shouldering, and cannot shoulder, the full responsibility for this crisis. We need to hold the operators and owners responsible for the consequences of illicit operation,” said Rep. Pam Marsh, D-Ashland, the bill’s chief sponsor.

Aside from the specific threat from cannabis operations, supporters want to improve compliance with labor camp regulations generally.

“Our broader goal is to ensure all farmworker housing is safe, registered and regulated,” said Martha Sonato, legislative and policy advocate for the Oregon Law Center nonprofit.

Now that the amended version of HB 3194 has won the approval of the House Rules Committee, its next stop is a vote on the House floor, which has yet to be scheduled.

Lawmakers appear likely to pass another piece of legislation that takes aim at farmers and other landowners who do business with illegal marijuana producers.

Under Senate Bill 347, landowners found civilly or criminally liable for allowing illicit cannabis cultivation on their property would lose property tax breaks for farmland for 10 years.

The proposal was recently approved by the House Revenue Committee after previously passing the Senate unanimously.

Supporters, including groups representing farmers and legal cannabis producers, say the bill is meant to make landowners think twice about the consequences of cooperating with unlawful marijuana growers.

“This is an attempt to disincentivize those bags of cash,” said Sen. David Brock Smith, R-Port Orford, the proposal’s chief sponsor.