DUII now means any impairing drug: 11 new Oregon laws that go into effect on Jan. 1

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The Oregon Legislature introduced nearly 3,000 pieces of legislation during the 2023 session, and Gov. Tina Kotek signed 615 measures into law.

The legislation included a package addressing housing and homelessness, House Bills 2001 and 5019, and changes in Oregon’s decades-long ban on self-serve gas with House Bill 2426.

Lawmakers also sent resolutions to the secretary of state, including one asking voters to grant the Legislature the power to impeach elected officials and another asking Oregonians to establish a commission setting elected officials’ salaries. Legislators capped annual rent increases at 10% and designated the potato as the official state vegetable.

While some bills took effect immediately, others will begin rolling out in the new year.

These are 11 of the bills with effective dates of Jan. 1.

DUII now means any impairing drug

Oregon's intoxicated driving law expands the definition of "intoxicant," under House Bill 2316, to include any drug taken alone or in combination with liquor, a controlled substance, inhalant, cannabis or psilocybin that can impair the ability of a person to operate a vehicle safely.

Courts also will be able to fine a person convicted of driving a bicycle under the influence a minimum of $500 or a minimum of $1,000, if their blood alcohol percentage is above 0.15 percent.

Centralized child abuse reporting system

Under Senate Bill 231, the Department of Human Services will be required to establish and maintain a centralized child abuse reporting system, allowing certain reports to be made electronically. Under current law, oral reports by telephone or at the local DHS office or law enforcement agency were required. The centralized reporting system would allow for reporting via the hotline or website and would remove the ability to report abuse to the local DHS office or designee of DHS.

Domestic partnerships for all couples

Opposite-sex couples will now be able to apply for domestic partnerships with House Bill 2032 and its expansion of eligibility. The Oregon Family Fairness Act previously defined a domestic partnership as only between two individuals of the same sex.

Child care facilities in rental units

Two bills aim to remove barriers for and expand child care access in Oregon.

Senate Bill 599 requires landlords to allow tenants to use their rental homes or apartments as family child care homes as long as they are certified, registered and the tenant has notified the landlord. Landlords won’t be barred from requiring a tenant to pay in advance for any modifications necessary and from requiring tenants have parents of children using the facility sign a document relieving the landlord from liability. Landlords also won't be prohibited from requiring the tenant running the facility to carry and maintain a reasonable liability policy that protects the landlord as an “additional insured.”

House Bill 2468 is another bill establishing rules and laws to allow tenants to use their rental units for child care. The law directs the Early Learning Council to adopt “reasonable requirements” for landlords of tenants operating family child care homes in their dwellings.

Yes, you can pass the slow bike in the no-passing zone now

Senate Bill 895 clarifies the definition of an “obstruction,” to allow a driver to pass in a no-passing zone if an obstruction or driver moving at least 5 miles per hour under the speed limit is in the roadway. The law clarifies that a person riding a bicycle is included in the definition of an “obstruction.”

Population limits at youth correctional facilities

Senate Bill 904 directs the Oregon Youth Authority to set population limits at youth correctional facilities and minimum youth-to-staff ratios.

Traffic photo radar limits lifted

Cities could add more traffic photo radars, following passage of House Bill 2095. A restriction limiting the number of hours per day photo radar can be used in any one location was eliminated and all cities in Oregon may choose to operate photo radar as long as the city pays the operating costs.

Cities also can set speed limits up to 10 miles per hour slower than the statutory speed as long as the statutory speed limit is not less than 20 mph. Currently, only 10 cities in Oregon are authorized to use photo radar: Albany, Beaverton, Bend, Eugene, Gladstone, Medford, Milwaukie, Oregon City, Portland and Tigard.

Harsher penalties for organized retail theft

The Oregon Organized Retail Crime Task Force made up of industry and labor stakeholders developed SB 340 which authorizes Oregon judges to sentence someone convicted of organized retail theft to 24 months in prison.

The legislation also extended the amount of time a prosecutor can aggregate the value of stolen property from 90 days to 180 days to prove the crime of organized retail theft.

Deaf Children's Bill of Rights

Referred to as the Deaf Children's Bill of Rights, House Bill 2669 officially declares children who are deaf, hard of hearing or deaf-blind have the same rights as those who are not.

The law requires school districts to provide screening and hearing and vision assessments to children who are deaf, hard of hearing or deaf-blind. It also requires school districts to inform parents or guardians about relevant resources, services, programs and opportunities including the opportunity to place their children in the Oregon School for the Deaf.

Domestic terrorism law in Oregon

Known as the "domestic terrorism bill," Kotek added a letter to her signature approving House Bill 2772, noting she had directed the Criminal Justice Commission to carefully monitor the use of new crimes established by the bill.

The law outlines the definition of the crime of domestic terrorism and the type of “critical infrastructure” protected under the law.

Anyone convicted of domestic terrorismin the first degree faces a maximum of 10 years imprisonment, a $250,000 fine or both. Second-degree domestic terrorism could be punished by five years imprisonment, $125,000 fine or both.

Narcan distribution to discharged patients

Senate Bill 1043 requires hospitals and other facilities providing substance use disorder treatment to provide discharged patients with two doses of Narcan if they were being treated for opioid use disorder.

The Joint Interim Committee on Addiction and Community Safety Response meets to discuss Oregon’s drug addiction.
The Joint Interim Committee on Addiction and Community Safety Response meets to discuss Oregon’s drug addiction.

Other bills passed that will take some time to go into effect include a bill meant to bring more oversight to Measure 110 and another bill overhauling Oregon’s public defense system.

Oregon’s 2024 short legislative session will begin in February with lawmakers again tackling housing and homelessness, education and additional changes to address Oregon's addiction crisis.

Dianne Lugo covers the Oregon Legislature and equity issues. Reach her at dlugo@statesmanjournal.com or on Twitter @DianneLugo

This article originally appeared on Salem Statesman Journal: New Oregon laws that go into effect on Jan. 1, 2024