Scott Swanson
As the echoes of fireworks died away early on Jan. 1, a bunch of new laws went into effect.
They range from new rules for strangulation of a domestic partner to qualification for welfare to hit-and-run accidents, to equal pay and fair work hours.
Here are some that we think may have impacts on local residents in general:
Salvaging Roadkill
One big change, particularly for rural residents such as in Sweet Home, is that, as of Jan. 1, deer and elk struck by vehicles can be legally salvaged in Oregon.
The law was changed during the 2017 Oregon State Legislative session. The new rules apply only to deer and elk. It remains unlawful to salvage other game mammals including pronghorn antelope, bears and cougars.
Following are the key regulations to follow to legally salvage a roadkilled deer or elk:
– A free online permit application found at www.odfw.com/roadkill must be submitted within 24 hours of salvaging a deer or elk. (Note that completing an online permit is not allowed until the animal is actually salvaged as specific information about location, date and time of salvage is required.)
– Only deer and elk accidentally struck by a vehicle may be salvaged and for human consumption of the meat only. Intentionally hitting a deer or elk remains unlawful.
– White-tailed deer may only be salvaged from Douglas County and east of the crest of the Cascade Mountains because of the protected status for white-tailed deer in most of western Oregon.
– The entire carcass of the animal, including gut piles, must be removed from the road and road right of way during the salvage.
– Any person (not just the driver who struck the animal) may salvage a deer or elk killed by a vehicle.
– Only the driver of the vehicle that struck the animal may salvage an animal in cases where a deer or elk is injured and then humanely dispatched to alleviate suffering; law enforcement must also be immediately notified as required by state Statute (ORS 498.016).
– Antlers and head of all salvaged animals must be surrendered to an ODFW office within five business days of taking possession of the carcass; see office location list at www.odfw.com/roadkill and call ahead to schedule an appointment. (Tissue samples from the head will be tested as part of the state’s surveillance program for Chronic Wasting Disease.) While antlers and heads must be surrendered, other parts such as the hide may be kept by the roadkill salvage permit holder.
– Any person who salvages a deer or elk will consume the meat at their own risk. ODFW/OSP will not perform game meat inspections for any deer or elk salvaged under the roadkill permit program.
– The state of Oregon is also not liable for any loss or damage arising from the recovery, possession, use, transport or consumption of deer or elk salvaged.
– Sale of any part of the salvaged animal is prohibited, but transfer to another person will be allowed with a written record similar to transferring game meat.
Gun Ban for Domestic Abusers
This law closes a loophole in Oregon’s existing gun ban for those convicted of domestic abuse, to cover an abuser even if he or she isn’t married to or living with the victim and they don’t have children together.
The “boyfriend loophole” was a top priority for Gov. Kate Brown. The law now prohibits convicted stalkers and domestic violence offenders from buying and keeping firearms.
Strangulation a Felony
This law elevates the crime of strangulation during domestic violence to a felony.
Previously, strangulation could be elevated to a felony only if other conditions were met – such as the victim was younger than 10, the victim was pregnant, the crime was committed in the presence of a child or the offender had at least three prior convictions for strangulation, assault or menacing.
That meant a perpetrator without violent crime convictions would face only a misdemeanor charge if he or she strangled an adult while the two were alone – a common scenario.
What is a Motor Assisted Scooter?
This new law expands the definition of “motor assisted scooter,” which generally are used by people with limited mobility. Under previous law, a motor assisted scooter was defined as having no more than three wheels, has handlebars, and having a specific maximum (low) level of power.
This law changes the definition to remove the requirement that it have handlebars and to allow up to four wheels. While formerly motorized scooters were quite small and usually had three wheels, many now have four wheels for added stability. Motor assisted scooters are subject to several laws describing where and how they may, and may not, be operated. For example, they may only be operated on roads with a speed limit of 25 miles per hour or less unless being operated in a bike lane, they may operate no faster than 15 mph, passengers are not allowed, and the operator must wear a bicycle helmet and use hand signals for turning or stopping.
New Hit-and-Run Rules
House Bill 4055 makes small changes to the various offenses of Failure to Perform Duties of a Driver, also known as hit and run.
Current law requires a driver to stop and take particular action (e.g. exchange information, call for help) after being involved in a collision with another vehicle or person, a domestic animal, or that causes property damage. A recent Oregon Court of Appeals ruling overturned the conviction of a person who accidentally ran over two children in a leaf pile in Forest Grove, but didn’t realize anyone or anything had been harmed until shortly after she had left the scene.
Although the driver learned soon afterward what had happened, the Court of Appeals ruled the existing law did not require a driver to return to the scene or take any action in such a case. House Bill 4055 specifies that if a driver has reason to believe their vehicle may have struck something, they must stop and investigate what (if anything) was struck, and then take appropriate action if in fact something was struck.
Also, if a driver discovers they may have been involved in a collision, at some point after that collision happened, the driver must take appropriate action. If there is reason to believe a person was injured or killed, the driver must call 911 and provide relevant information. If there is reason to believe only property was damaged, the driver must provide insurance and contact information to the property owner. If there is reason to believe a domestic animal was injured or killed, the driver must assess and provide attention to the animal and contact its owner.
Plea Deals
This law prohibits prosecutors from conditioning a plea deal on defendants’ waiving their constitutional or procedural rights. For example, a defendant eager to get out of jail might waive his or her rights to appear at trial or participate in rehabilitative programs without fully understanding the implication of doing so, according to advocates for the new law. The law establishes that such deals will be void and unenforceable.
Foster Kids in College
Oregon already provides tuition waivers for community college and university students who have spent time in the state’s foster care system. But under this law, these students will no longer be required to perform 30 hours of community service to qualify for the benefit.
Retirement Protections for Poor
This law requires the Department of Human Services to disregard pension and retirement accounts as financial resources available to families when determining eligibility for Temporary Assistance for Needy Families (welfare). In other words, applicants will not need to deplete their retirement savings in order to qualify for welfare assistance.
Expansion to Special Education
Schools must provide special education services to school-age children (kindergarten through grade 12) who have one of the following conditions: intellectual disability; hearing, speech, language, or visual impairment; deafness; -blindness; emotional disturbance; orthopedic or other health impairment; autism; traumatic brain injury; or special learning disabilities. The new law adds “developmental delays” to the list of conditions eligible for special education services, for school-age children in kindergarten through third grade.
Fair Work Hours
This law applies to employers in the food service, hospitality and retail sectors, with at least 500 employers worldwide. It requires them to make work schedules fair, particularly for service workers with part-time jobs and unpredictable hours.
They must give new employees a “good faith estimate” of the hours they will get; 10-hour rest periods between shifts unless employees waive it and get paid time-and-a-half; and giving employees their work schedules at least a week in advance.
Workers can file lawsuits and complaints with state regulators if their bosses aren’t following the law.
Equal Pay
The law prohibits pay discrimination on the basis of protected class, defined as race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age.
The law was passed in 2017, but it didn’t go into full effect until Jan. 1 to give employers a chance to assess whether their pay structures conform to its requirements.
Employers who discover discrepancies in what they pay employees must raise the wage of the person paid less — not lower the wages of someone paid more.
The new law applies to all types of compensation, including salaries, bonuses, benefits and equity-based compensation.
Employees who believe their employer is not conforming to the law can file a complaint with the Commissioner of the Bureau of Labor and Industries. Penalties for violating the act can include liability for unpaid wages, punitive damages and attorneys’ fees. Employers can avoid some damages if they can prove they completed an equal pay analysis within three years — and eliminated wage variances for the protected group.
The new law also bars employers from asking how much a job applicant is currently paid. But they can ask what salary the applicant is looking for.