LOC News
Legislature Passes Two Bills Regulating Homeless Camping
Two bills related to homelessness and local governments received bipartisan votes and final passage in the Legislature this week and are headed to the governor’s desk. On Wednesday, the Senate passed HB 3115, which requires cities and counties to review their ordinances and if necessary, make updates in light of the recent Martin v. City of Boise federal court decision. The bill is the product of a workgroup effort between the LOC, the Oregon Law Center (OLC), the Association of Oregon Counties (AOC), as well as individual cities and counties. The workgroup spent many hours last fall crafting a concept to recognize key principles from the Martin decision in state law.
HB 3115 requires that any city or county law regulating the acts of sitting, lying, sleeping, or keeping warm and dry outside on public property must be “objectively reasonable” based on the totality of the circumstances as applied to all stakeholders, including persons experiencing homelessness. The bill preserves the ability of cities to manage public spaces effectively for the benefit of an entire community, and recognizes that what is objectively reasonable will look different in different communities.
Importantly, HB 3115 includes a delayed implementation date of July 1, 2023, to allow local governments time to review and, if necessary, update ordinances and support intentional community conversations. The LOC, AOC and OLC will partner to provide guidance to cities and counties over the coming year.
Also on Wednesday, the House gave final approval to pass HB 3124, which increases the time that local governments must post notice before removing campsites from 24 to 48 hours. The bill also requires jurisdictions to store unclaimed personal property in a facility located in the same community as the campsite from which it was removed. HB 3124 preserves existing exceptions to the notice requirement when:
- There are grounds for law enforcement officials to believe that illegal activities other than camping are occurring at an established camping site; and
- In the event of an exceptional emergency at an established camping site, including, but not limited to, possible site contamination by hazardous materials, a public health emergency or other immediate danger to human life or safety.
Contact: Ariel Nelson, Lobbyist – anelson@orcities.org
Last Updated 6/11/21