Sen. David Brock Smith: 23 good bills in Legislature

2024 Legislative Session Bills Chief Sponsored
By State Senator David Brock Smith

SB 1588 – The Act increases penalties for some drug offenses. The Act also makes other changes to Ballot Measure 110. The Act directs grant funds to counties for drug treatment. (Flesch Readability Score: 61.3). Increases penalties for possession of a controlled substance. Punishes by a maximum of 364 days’ imprisonment, a $6,250 fine, or both, or 30 days’ imprisonment, a $1,250 fine, or both, depending upon the scheduling of the controlled substance. When a person possesses a certain quantity of a controlled substance, or has certain prior convictions, punishes by five years’ imprisonment, a $125,000 fine, or both, or 10 years’ imprisonment, a $250,000 fine, or both, depending upon the scheduling of the controlled substance. Provides that possession of a controlled substance with the intent to deliver constitutes delivery. Directs the Alcohol and Drug Policy Commission to provide grants and funding to counties for drug treatment programs. Transfers the duties of the Oversight and Accountability Council to the commission. Appropriates moneys to the commission to fund the grants.

SB 1589 – Makes voting in person the normal method for voting. Requires voters to show picture ID when voting or requesting a ballot. (Flesch Readability Score: 63.2). Makes in-person voting on the date of an election the standard method for conducting an election. Allows an elector to request a ballot that may be voted by mail if the elector is unable to vote in person on the date of the election. Retains vote by mail as the primary method for conducting elections for military and overseas electors and for electors who have a mailing address outside of Oregon. Requires electors to present valid government-issued identification when appearing in-person to vote or when requesting a ballot be sent by mail. Requires all ballots to be returned by the date of an election. Removes a requirement that the state pay postage for ballots returned by mail.

SB 1520 – Exempts award from wildfire suit from income tax. (Flesch Readability Score: 71.8). Creates Oregon tax subtraction for amounts received in settlement of a civil action arising from wildfire. Applies to amounts received in tax years beginning on or after January 1, 2020, and before January 1, 2026. Takes effect on the 91st day following adjournment sine die.

SB 1536 – The Act says that no one may perform an abortion on a person unless a health care worker finds that the person is less than 15 weeks pregnant, unless the abortion is needed because of an urgent health need, rape or incest. The Act describes when an urgent health need allows an abortion on a person who is 15 or more weeks pregnant. The Act allows a health care worker licensing board to punish a health care worker who fails to comply with the provisions of the Act. The Act requires OHA to provide public reports of certain data about abortions. The Act allows a person who had an abortion that did not comply with the terms of the Act to sue the health care worker who performed the abortion. The Act goes into effect 91 days after the session ends. (Flesch Readability Score: 64.1). Prohibits an abortion unless a health care provider first determines the probable gestational age of the unborn child, except in the case of a medical emergency. Defines “abortion” and “health care provider.” Prohibits the abortion of an unborn child with a probable gestational age of 15 or more weeks, except in the case of a medical emergency, rape or incest. Requires that abortion of an unborn child with probable gestational age of 15 or more weeks be performed or induced in specified facilities and with specific safeguards in place. Allows specified persons to bring an action against a health care provider for violations. Requires a health care provider who performs or induces, or attempts to perform or induce, an abortion to file a report with Oregon Health Authority. Requires the authority to publish annually statistics relating to abortion. Allows specified persons to bring a cause of action for actual and punitive damages and injunctive relief against a health care provider for violation. Takes effect on the 91st day following adjournment sine die.

SB 1542 – Raises exemption and filing thresholds for CAT tax. Exempts health care reimbursements. Starts with tax year 2025. Becomes law 91 days from sine die. (Flesch Readability Score: 63.2). Increases the exempt amount and filing threshold for purposes of the corporate activity tax. Exempts reimbursements for certain health care services, including care provided to medical assistance recipients and to Medicare recipients. Applies to tax years beginning on or after January 1, 2025. Takes effect on the 91st day following adjournment sine die.

SB 1547 – The Act permits a treatment facility to admit a minor for inpatient substance use disorder treatment for up to 14 days when the parent consents to treatment but the minor does not. The Act directs the OHA to adopt rules setting out the criteria and procedure for admission when the minor objects or the length of proposed treatment is more than 14 days. The Act requires health benefit plans to cover inpatient treatment for a minor’s cannabis use under certain conditions. The Act requires OHA to set up a short-term program to test a way to help people with drug addiction. The Act requires the program to allow people to call the mental health hotline and get treatment right away for drug addiction. The Act directs the OHA to convene a group to give advice to the OHA. The Act requires the group to suggest to OHA how to set up a program to allow EMTs who are licensed in another state to get a license in this state. The Act requires the OHA to set up the program and begin issuing licenses by a certain date. The Act takes effect when the Governor signs it. (Flesch Readability Score: 61.2). Permits the director of a treatment facility to admit a minor for inpatient substance use disorder diagnosis, evaluation and treatment for up to 14 days with parental consent when the minor objects to the admission. Directs the Oregon Health Authority to adopt rules setting forth criteria and procedure for admission when the minor objects to the admission or the director of the treatment facility recommends a longer period of treatment. Permits the treatment facility to disclose information regarding the minor’s treatment to the minor’s parent or guardian. Requires the Oregon Health Authority to establish a virtual opioid dependency pilot program to provide immediate intervention and a referral to treatment to callers to the 9-8-8 hotline by a qualified health care provider. Gives health care providers civil immunity for actions taken in good faith. Sunsets January 2, 2026. Requires health benefit plans to cover inpatient treatment for cannabis use by a minor under certain conditions. Directs the Oregon Health Authority to convene an advisory committee to provide recommendations on the establishment of an emergency medical services reciprocal licensing program. Requires the advisory committee to submit a report to the interim committees of the Legislative Assembly related to health care not later than September 15, 2024. Requires the authority to establish and begin issuing licenses under the reciprocal license program not later than January 1, 2025. Sunsets January 2, 2026. Declares an emergency, effective on passage.

SB 1548 – For the part of the state in the Pacific Time Zone, stops the one-hour change of time in the spring and fall of each year and keeps the zone at standard time year-round. (Flesch Readability Score: 73.3). For the part of the state located in the Pacific Time Zone, abolishes the annual one-hour change in time from standard time to daylight saving time and maintains the Pacific Time Zone portion of Oregon on standard time for all 12 months of the calendar year.

SB 1549 – Exempts from state income tax up to $17,500 received by a person 62 years of age or younger as retirement pay or pension for service in the Armed Forces. The Act applies to tax years that start on or after January 1, 2024. The Act takes effect on the 91st day after sine die. (Flesch Readability Score: 62.4). Exempts from state income tax for a taxpayer who has not attained 63 years of age before the close of the taxable year for which a return is filed and is receiving retirement pay or pension for service in the Armed Forces of the United States up to $17,500 in retirement pay or pension received for service in the Armed Forces of the United States. Applies to tax years beginning on or after January 1, 2024. Takes effect on the 91st day following adjournment sine die.

SB 1553 – Expands the crime of interfering with public transportation to include when a person, while in or on a public transit vehicle or public transit station, knowingly consumes a controlled substance that is not lawfully possessed by the person. Provides that a conviction for interfering with public transportation established by this measure shall be classified as a designated drug-related misdemeanor.

SB 1555 – The Act creates new drug crimes and increases penalties for some drug offenses. The Act makes other changes to Ballot Measure 110, including changes to treatment funding. The Act also creates a new diversion program and a process for setting aside certain drug convictions. The Act goes into effect when the Governor signs it. (Flesch Readability Score: 60.5). Creates the crime of using a controlled substance in public. Punishes by up to 364 days’ jail, $6,250 fine, or both. Creates the crime of possessing, purchasing, making, delivering or selling a pill press. Punishes by up to five years’ imprisonment, $125,000 fine, or both. Increases the penalties for possession of a controlled substance. Punishes by up to 364 days’ jail, $6,250 fine, or both. Directs counties to supervise persons convicted of certain property misdemeanors. Requires that for certain drug and property crimes, the court must require an evaluation and treatment as part of probation. Creates a diversion program for certain drug crimes. Directs the court to enter an order setting aside a conviction for certain drug crimes when specified conditions are met. Directs the Alcohol and Drug Policy Commission to provide grants and funding for drug treatment and other related services. Transfers the duties of the Oversight and Accountability Council to the commission. Requires a prison sentence for the unlawful delivery or manufacture of a controlled substance when the person has a prior conviction. Increases the penalties for the unlawful delivery of a controlled substance that results in the death of a person. Punishes by up to 20 years’ imprisonment, $375,000 fine, or both. Provides that possession of a controlled substance with the intent to deliver constitutes delivery. Authorizes local governments to enact laws prohibiting the use of controlled substances. Declares an emergency, effective on passage.

SB 1579 – The Act creates a new fund for a current grant program that provides moneys for child abuse response programs. The Act directs DHS to create a one-time grant program to expand access to services and supports from CACs. The Act creates a task force to audit how this state has complied with Karly’s Law and to study other matters related to services provided to victims of child abuse. (Flesch Readability Score: 64.3). Establishes the Children’s Advocacy Center Fund. Provides that the Legislative Assembly shall appropriate sufficient moneys to the fund that are necessary to fully fund the existing grant program to establish, maintain and support children’s advocacy centers and regional children’s advocacy centers, and to support county child abuse multidisciplinary teams. Appropriates moneys to the Department of Justice out of the General Fund for the existing grant program. Directs the Department of Human Services to develop and administer a one-time grant program to expand access to services and supports provided by children’s advocacy centers and regional children’s advocacy centers. Appropriates moneys to the Department of Human Services out of the General Fund for the grant program. Establishes the Task Force on County Child Abuse Multidisciplinary Teams to audit Oregon’s compliance with Karly’s Law, to study and provide proposals for optimal funding rates for children’s advocacy centers and to identify barriers to access to child abuse multidisciplinary teams and children’s advocacy centers. Requires the task force to report findings and recommendations to the interim committees of the Legislative Assembly related to human services on or before September 15, 2024. Sunsets the task force January 2, 2026. Appropriates moneys to the department out of the General Fund for purposes of the task force. Declares an emergency, effective on passage.

SB 1581 – The Act makes an electric company report each year on the steps taken or being taken to be part of an energy market. (Flesch Readability Score: 62.1). Requires an investor-owned utility that sells more than two million megawatt hours of electricity in a calendar year to report to the Legislative Assembly the activities, if any, that the investor-owned utility has taken or is taking toward participating in a regional energy market.

SB 1590 – The Act repeals laws related to boats and towed sports. The Act changes laws about boating safety education. The Act goes into effect 91 days after the session ends. (Flesch Readability Score: 65.7). Repeals provisions related to the towed watersports program. Provides that the minimum standard for boating safety education must include instruction relating to towed watersports safety education. Takes effect on the 91st day following adjournment sine die.

HJR 203 – Resolves to amend the Oregon Constitution to state that parents have the right to direct how to raise, teach and care for their children. Sends the change to voters to approve or reject. (Flesch Readability Score: 72.1). Proposes amendment to the Oregon Constitution to provide that parents have the fundamental right to direct the upbringing, education and care of their children. Refers the proposed amendment to the people for approval or rejection at the next general election.

HB 4013 – This Act tells the DEQ not to enforce certain laws related to wine packaging. The Act sunsets on July 1, 2026. (Flesch Readability Score: 63.2). Prohibits the Department of Environmental Quality from enforcing the provisions of the producer responsibility program applicable to wine packaging. Sunsets on July 1, 2026. Declares an emergency, effective on passage.

HB 4046 – This Act allows rural residents to build an extra house for their families. (Flesch Readability Score: 63.4). Allows an occupying homeowner outside of an urban growth boundary to site one additional family dwelling unit on the tract of the home. Takes effect on the 91st day following adjournment sine die.

HB 4054 – The Act tells certain entities to designate sports by gender. The Act forbids males from playing in female sports. (Flesch Readability Score: 72.35). Requires each athletic association, conference or organization with authority over intercollegiate sports, post-secondary institution of education and school district to designate athletic competitions and extracurricular sports according to biological sex. Prohibits biological males from participating in athletic competitions or extracurricular sports designated for biological females. Provides causes of action for students, post-secondary institutions of education and school districts.

HB 4073 – Gives more money to the Department of Justice to fund workers for the Internet Crimes Against Children Task Force. (Flesch Reading Score: 62.8). Increases the biennial appropriation to the Department of Justice for the purpose of funding positions for the Internet Crimes Against Children Task Force.

HB 4107 – The Act provides that payment for loss or injury to livestock or working dogs must be based on a multiplier of fair market value. The Act caps payment. The Act removes payment for lost livestock. (Flesch Readability Score: 69.3). Provides that compensation for loss or injury to livestock or working dogs under the wolf depredation compensation and financial assistance grant program must be based on certain multipliers of fair market value. Caps compensation at $15,000 per animal. Removes provision authorizing compensation for missing livestock.

HB 4108 – Requires a health care worker who is present when a child is born alive after an abortion to give the same level of care as if the child was born alive after a normal birth. Makes it a crime if a health care worker knowingly or recklessly does not do so. Allows the person who had an abortion to sue a health care worker for knowingly or recklessly not giving the required care to a child born alive after an abortion. Allows the court to protect the private information of the person who had an abortion. (Flesch Readability Score: 62.6). Requires a health care practitioner to exercise the proper degree of care to preserve the health and life of a child born alive after an abortion or an attempted abortion. Requires a health care practitioner to ensure that a child born alive is transported to a hospital. Creates crime for failure to exercise proper standard of care, punishable by maximum of five years’ imprisonment, $125,000 fine, or both. Allows specified person to bring civil action for damages and equitable relief against a health care practitioner for failing to exercise proper standard of care. Directs the court to award attorney fees to a prevailing plaintiff. Allows the court to order that the identity or personally identifiable information of specified persons is protected from disclosure.

HB 4120 – The Act creates a grant program to help some people in custody with opioid addiction. The Act gives money to a state agency to fund the grant program. The Act tells the state agency to give a report to the state legislature by December 1, 2024. (Flesch Readability Score: 62.5). Establishes the Oregon Jail-Based Medications for Opioid Use Disorder Grant Program in the Oregon Criminal Justice Commission. Directs the commission to administer the program in collaboration with the Oregon Health Authority. Establishes the Oregon Jail-Based Medications for Opioid Use Disorder Fund for purposes related to the program. Appropriates moneys for deposit in the fund. Requires the commission to submit a report on the program to the interim committees of the Legislative Assembly related to the judiciary and health care no later than December 1, 2024. Declares an emergency, effective on passage.

HB 4142 – The Act restricts pretrial release for persons who commit a new felony sex crime while on pretrial release for a felony sex crime. The Act goes into effect when the Governor signs it. (Flesch Readability Score: 61.9). Provides that when a person is charged with committing a new felony sex crime while on pretrial release for a felony sex crime, the person is only eligible for release after a hearing during which the court determines whether security release may be denied, and if security release is allowed, the person must deposit the full security amount set by the court. Declares an emergency, effective on passage.

HB 4143 – The Act tells some entities to keep males and females apart for purposes of playing sports, spending time in prison or jail and using some bathrooms. (Flesch Readability Score: 60.0). Requires athletic organizations, institutions of higher education and school districts to designate athletic competitions according to biological sex. Subject to a limited exception for individuals whose biological sex is female, prohibits individuals of one biological sex from competing in athletic competitions designated for the opposite biological sex. Provides that each Department of Corrections institution and local correctional facility, or area within an institution or facility, must be designated for incarcerating adults in custody of the same biological sex. Prohibits incarcerating adults in custody in an institution, facility or area that is designated for incarcerating adults in custody of the opposite sex. Directs each public body to designate the biological sex of individuals who may use a multiple occupancy restroom under the custody or control of the public body. Prohibits individuals of one biological sex from using a multiple occupancy restroom that is designated for the opposite biological sex.