Signed by Governor Kate Brown

Vote Smart's Synopsis:

Vote to pass a bill that amends homeless laws to allow homeless communities to seek shelter on public property.

Highlights:

• Defines “keeping warm and dry” as any means necessary for a person experiencing homelessness to survive outdoors given the environmental conditions, but exempts the use of fire (Sec. 1. A-B).

• Defines “reasonableness” as the totality of the circumstances, including, but not limited to, the impact of the law on homeless persons (Sec. 1.5).

• Requires any city or county law that controls any of the following actions on public property to be objectively reasonable for homeless persons including, but not limited to (Sec. 1. 2): 

• Sitting;

• Lying;

• Sleeping; and 

• Keeping warm and dry. 

• Specifies any city or county law that is not objectively reasonable violates this section (Sec. 1.3).

• Authorizes a person experiencing homelessness to challenge the objective reasonableness of a city or county law for injunctive or declaratory relief (Sec. 1.4). 

• Specifies that a person experiencing homelessness who brings a case against a city or county law must do so in the circuit court where the city or county is located (Sec. 1.4). 

• Authorizes any circuit court the decision to award reasonable attorney fees to a plaintiff, if the plaintiff (Sec. 1.6):

• Is not trying to clear themselves of blame for other alleged actions; and

• Provides written notice to the governing body of the city or county of the law being challenged with an intent to bring a case at least 90 days before the case is filed. 

• Specifies that nothing in this section guarantees a right for monetary damages for any individual (Sec. 1.7).

• Establishes this section will become effective July 1, 2023 (Sec. 2). 

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends homeless laws to allow homeless communities to seek shelter on public property.

Highlights:

• Defines “keeping warm and dry” as any means necessary for a person experiencing homelessness to survive outdoors given the environmental conditions, but exempts the use of fire (Sec. 1. A-B).

• Defines “reasonableness” as the totality of the circumstances, including, but not limited to, the impact of the law on homeless persons (Sec. 1.5).

• Requires any city or county law that controls any of the following actions on public property to be objectively reasonable for homeless persons including, but not limited to (Sec. 1. 2): 

• Sitting;

• Lying;

• Sleeping; and 

• Keeping warm and dry. 

• Specifies any city or county law that is not objectively reasonable violates this section (Sec. 1.3).

• Authorizes a person experiencing homelessness to challenge the objective reasonableness of a city or county law for injunctive or declaratory relief (Sec. 1.4). 

• Specifies that a person experiencing homelessness who brings a case against a city or county law must do so in the circuit court where the city or county is located (Sec. 1.4). 

• Authorizes any circuit court the decision to award reasonable attorney fees to a plaintiff, if the plaintiff (Sec. 1.6):

• Is not trying to clear themselves of blame for other alleged actions; and

• Provides written notice to the governing body of the city or county of the law being challenged with an intent to bring a case at least 90 days before the case is filed. 

• Specifies that nothing in this section guarantees a right for monetary damages for any individual (Sec. 1.7).

• Establishes this section will become effective July 1, 2023 (Sec. 2). 

Full Bill Text