The Oregon Legislature passed a total of nearly 700 new bills in 2019, many of which kicked in on Jan. 1.
The new laws impact a wide range of aspects of Oregonians’ daily life: shopping, driving, work and employment, housing, the environment, and in some cases, their wallets.
One of the most significant will be the Corporate Activities Tax, which is expected to raise more than $1 billion in revenue, directed toward new K-12 education spending.
All business entities, regardless of business structure, are subject to the new tax, which, critics have charged, is essentially an under-the-table sales tax that will be paid, ultimately, by the state’s residents who buy goods subject to the tax.
The tax is $250 + 0.57 percent of a company’s Oregon sales in excess of $1 million if those sales constitute “commercial activity,” a defined term in the legislation with many exclusions. Businesses with $750,000 in commercial activity must register with DOR, even if they have no tax liability. Those businesses with $750,000 or less in commercial activity are exempt. Those who have to pay, however, will do so on top of other taxes.
There are some exemptions, including transportation fuel sales, wholesale and retail sales of groceries, interest (except interest on credit sales or service charges), compensation to employees, gifts or charitable contributions received, and property, money and other amounts received or acquired by an agent on behalf of another in excess of the agent’s commission, fee or other remuneration.
Another law that has already kicked in is statewide rent control, which went into effect immediately upon the signing by Gov. Brown last year, making Oregon the first in the nation to implement statewide rent control.
The law caps rent increases at 7 percent, plus the annual change in the consumer price index (this year around 3 percent). The bill, which took effect upon passage, also prohibits landlords from evicting month-to-month renters without cause after 12 months of residency.
Here are other new laws that went into effect on New Year’s Day:
Plastic Straw Restrictions
Restaurants can no longer automatically give out single-use plastic straws under a measure passed by lawmakers, making Oregon the second state to enact restrictions on plastic straws. If you want a plastic straw with your drink at a restaurant or convenience store, you’ll have to ask for one. Violators will receive a $25-per-day fine with a $300 yearly cap. Fast food drive-through orders, hospitals and nursing homes are excluded.
Plastic bag ban
Anyone who’s been to the grocery store in the last few weeks already should know this:
Oregon no longer allows retail stores and restaurants to give customers single-use plastic bags. Under the “Sustainable Shopping Initiative,” approved by the legislature last year, following the footsteps of California, New York and Hawaii, shoppers who don’t bring a reusable bag now have to pay a nickel or higher fee at checkout for paper bags, reusable plastic bags and reusable fabric bags.
‘Idaho’ Rolling bike stop
Bicyclists are now allowed to run stop signs and red lights, assuming traffic conditions allow it, without stopping. Called the “Idaho Stop” because it’s a version of an Idaho law passed in 1982, it basically allows bike riders to treat stop signs as yields. Cyclists still cannot enter an intersection when motor vehicles are moving or otherwise ride unsafely, which could cost them a $250 fine.
Health-related accommodations for employees
House Bill 2341 expands employee protections related to pregnancy, childbirth or a related medical condition, including lactation. Under the new law, employers with at least six employees must provide “reasonable accommodations” such as longer break periods or help with manual labor.
The new law makes it illegal for employers to deny employment to someone with pregnancy- or child-related complications unless hiring that person would impose an “undue hardship” for the employer.
HB 2005 sets up a system for paid family leave in which Oregon workers can take off up to 12 weeks of paid leave to care for a new child or sick family member, or to recover from a serious illness or domestic violence.
The leave will be paid for by a state insurance fund that employers and employees will contribute less than 1 percent of their paycheck to, similar to worker’s compensation. Employers with fewer than 25 employees will not have to pay into the fund but their employees will still be eligible to apply for compensation during their leave of absence. The state will begin collecting funds in 2022 and employees will be able to begin collecting benefits in 2023.
Noncompetition agreements
with employers
Under House Bill 2992, employers must provide a signed noncompete agreement to employees within 30 days after the termination of the employee’s employment. Basically, the intent of this law is to ensure that both parties know the limitations laid out in a non-compete agreement, which can only extend 18 months beyond the termination of employment, and that the employee has it in writing.
Oregon bottle bill changes
As of Jan. 1, bottle redemption rules now include milk and plant-based milk beverages in containers of 4 ounces and up, and kombucha or hard seltzer drinks in containers of three liters or less. Also, the new rules also require redemption centers to register each year with the OLCC and pay a $3,000 fee for each center, the proceeds of which will support the program.
Child Abuse Reporting
“Mandatory reporter” rules that define who is required to report suspected child abuse have been expanded to include school district board members, public charter school governing body members, employees of the Oregon Department of Education and animal control officers. Those already required to report suspected child abuse include: physicians, dentists, chiropractors, school employees, firefighters, police officers, attorneys, marriage and family therapists, state lawmakers, and coaches. Abuse can include non-accidental physical injury; mental injury caused by cruelty; rape; sexual abuse; sexual exploitation; negligence or maltreatment; threats of harm; and exposure to controlled substances.
Parking exemptions
Those with disabled person parking permits can now legally park in spaces reserved by a road authority for residents of a neighborhood. Disabled parking permits already provide other parking privileges, such as free parking in metered spots and invalidating time restrictions in some parking areas.
Gas Tax Hike – Part II
The second of four planned increases in the gas tax went into effect Jan. 1. The increase is part of House Bill 2017, the “Keep Oregon Moving” legislation passed by the Oregon Legislature in 2017. The first of the increases was 4 cents per gallon, instituted two years ago. This year’s is a 2-cent increase, with two more scheduled for 2022 and 2024, for an eventual total of 10 cents.
The legislation also included a 1/10 of 1 percent tax on wages to raise funds for improved public transportation. Registration and title fees also are increasing, in three steps.
The money goes to road maintenance and preservation, half to counties and cities, and for projects to reduce congestion bottlenecks, as well as other transportation needs.
Boating Safety Education Cards
Since 1999, new boat owners and nonresidents have been able to operate their boats for 60 days before needing to obtain a boating safety education card. But with the passage of HB 2078 last year, that allowance has been removed.
Improper drone use
penalties increase
As of Jan. 1, intentionally operating an unmanned aircraft (drone) in a dangerous manner is a Class A misdemeanor. Examples of such behavior include directing a laser at an aircraft while it’s flying, crashing into a flying aircraft or preventing the takeoff or landing of an aircraft.
Upon a subsequent conviction, the drone will be forfeited. Drones have become a common problem during wildfires, officials say, keeping planes or helicopters used for firefighting out of the skies.
Hunting Tag Changes
Hunters who have received a “once-in-a-lifetime” tag for bighorn sheep now have a chance to get a second, for a female, thanks to a law passed last year by the legislature. The purpose behind the law is population control, especially in areas where domestic sheep diseases are a threat, which is why it is focused on females. Ewe hunts will likely be rare, and relocation would be a first option before any hunts would be offered.
Another change for hunters is that more nonresidents will be eligible for black bear and cougar hunting tags, up from 3 percent to 5.
Revenge Porn Crackdown
Thanks to legislation that beefed up Oregon’s “revenge porn” laws, it is now a crime to distribute intimate photos or videos of a person without their consent. Previously, the law only covered posting such content to a website, but now includes other methods of electronic dissemination such as text message, email and apps. It allows victims to sue for up to $5,000 in damages.
Busting Car Thieves
After a 2014 court decision that forced prosecutors to prove that a person had knowledge the vehicle they were driving was stolen to be convicted of car theft, a new law passed last year requires that they merely have to show that the person disregarded a “substantial and unjustifiable risk” that the vehicle might be stolen.
Electoral College Change
Legislators voted last year to add Oregon to the National Popular Vote Compact. States belonging to the compact agree to award their electoral college votes to the winner of the national popular vote instead of the winner of their state. The compact will take effect once states representing 270 electoral college votes join. Oregon brings the total to 196 votes.
Specious Cop Calls
A new law provides for small claims court lawsuits against anyone who “summons a police officer” in an effort to embarrass or discriminate against someone or otherwise harm them.
Vote By Mail – For Free
Starting now, Oregonians can vote by mail without paying for a stamp, thanks to a law that provides for prepaid postage on ballots.