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New year introduces new laws for Oregon’s residents

As of Jan. 1, if you’re a motorcyclist stuck behind a stubborn red light, you can now proceed – cautiously. If you have a driver’s license, you’re automatically registered to vote. If you find yourself low on fuel in the boonies of eastern Oregon, you may be able to pump your own at the service station.

These are among approximately 300 new laws that went into effect last week. They apply to areas ranging from clean air and environment-based restrictions to protections for crime victim, government ethics, protection for vulnerable state residents, education funding, etc.

Following are some that pertain to the widest sections of the population:

– Drug Overdose Reporting: A new good-Samaritan law protects people who seek help in a drug-related overdose emergency. The person who sought medical help and the person overdosing are immune from certain charges and arrest if evidence of a crime is obtained because the person contacted emergency medical services or a law enforcement agency.

The caller is protected from arrest for possession or use of a controlled substance, possession of drug paraphernalia with intent to deliver, or frequenting a place where controlled substances are used. They also cannot be arrested on an outstanding warrant or parole or probation violation for those offenses, although the protection does not extend to federal and out-of-state warrants, local warrants for other crimes or new crimes other than the drug-related crimes listed above.

– Pump Your Own: Inching away from its status as one of only two states (with New Jersey) that don’t allow self-service at the gas station, Oregon is now allowing drivers of non-commercial vehicles to pump their own gas between 6 p.m. and 6 a.m. in counties with less than 40,000 people – most of them in eastern Oregon, which has seven with populations less than Sweet Home’s. The only qualifiers located west of the Cascades are Tillamook and Clatsop. Proponents say gas stations in sparsely populated areas can’t afford to stay open all night, which makes it difficult to buy fuel.

– Motor Voter: This new law connects DMV records with the state election office in the sense that every eligible voter, who has a driver’s license, is automatically registered to receive a ballot. When they change their address with the DMV, that will be recorded with the state election office.

– Marijuana Tax: Medical marijuana dispensaries are now collecting a 25 percent tax on the retail price of recreational marijuana products. Dispensaries started selling nontaxable limited recreational marijuana products – seeds, leaves, flowers, and non-flowering plants – to those 21 or older on Oct. 1, 2015 thanks to a quirk in the existing law.

– Drone Hunting: This law expands prohibitions on use of drones for hunting. It bans the use of unmanned vehicles to track, harass or scout fish and wildlife. Previously, the law prohibited hunting within an eight-hour period after receiving information on the location of a game animal from either a manned or unmanned aircraft, but hunting groups that supported the new law said the previous one was almost unenforceable.

– Over-The-Counter Birth Control: Two new laws make Oregon the easiest place in the nation to get birth control. One enables pharmacists to write a prescription for birth control after a woman completes a risk-screening assessment, bypassing the previously required trip to a doctor, nurse practitioner or physician assistant. The other requires insurance companies to cover up to 12 months of birth control refills.

– Privacy in Private: Use of a hidden camera to record people in places where privacy is normally presumed, such as a bathroom or changing area, is already illegal; now it is a felony instead of a misdemeanor.

– Sex Crime Reports: Rape victims now have 12 years – instead of six – to report an attack before the statute of limitations expires.

– Cops on Camera: Bystanders now have the explicit legal right to film police officers as they perform their official duties.

– Lottery Garnishments: This new law authorizes the state Department of Human Services and the Oregon Health Authority to garnish Oregon Lottery prize payments greater than $600 to recover overpayments of public assistance, medical assistance, and supplemental nutrition assistance. If a player claims a Lottery prize greater than $600 with the Lottery, the Lottery must check with DHS/OHA to see if the player owes an overpayment. If the player does, the Lottery is required to hold the prize payment for 30 days to allow DHS/OHA to garnish the prize to recover the over payment.

– Animal Porn: Knowingly possessing video recordings that show bestiality is now a misdemeanor crime punishable by jail time or a large fine. Sexually abusing an animal will become a felony instead of a misdemeanor.

– Animal neglect: Police officers who an animal baking inside a hot vehicle will have the legal right to break in and make a rescue.

– Pot Conviction Expungement: This law allows those who have committed a marijuana offense before age 21 to more quickly get it expunged from their record. Whereas those under 21 found guilty of possessing or delivering marijuana had to wait three years before Jan. 1, their records can now be expunged one year after their conviction.

A similar law impacts a broader age group. Prior to Jan. 1, people convicted of possession or delivery of certain controlled substances had to wait 20 years before they could apply to have the conviction removed from their criminal record. Now they must wait only three years from the date of judgment – if they successfully complete their sentence and haven’t been convicted of any subsequent misdemeanors or felonies.

– Bomb Threats: People who falsely report bombs, fires or other emergencies in court facilities or public buildings can now be charged with first-degree disorderly conduct, a Class A misdemeanor. Repeat offenses will be Class C felonies.

– Social Media Freedom: No, this doesn’t mean you can now indulge in social media while on the job. But Oregon has joined a growing number of states that prohibit an employer from demanding access to an employee’s personal social media account. Employers may not require an employee or applicant to disclose usernames, passwords, or “other means of authentication that provides access to a personal social media account.” Also, employer cannot require an employee or applicant to friend, follow, or otherwise connect with it via a social media account, or to permit the employer to “shoulder surf” while the employee is logged in. The law does not prohibit business-related social media accounts.

– Mercy at the Light: Ever been at a red light on a bike or motorcycle and you know the sub-pavement sensor doesn’t know you’re there, as the light stays red – and red – and red? That’s what this new law is about: Bicyclists, motorcyclists and anyone else on two wheels will be allowed to proceed on red if the light strands them by failing to go through a full light cycle and turn green.

– Sick Leave: This new law requires companies with 10 or more workers provide up to 40 hours of paid sick leave every year. Oregon will be the fourth state to require paid sick leave behind California, Massachusetts and Connecticut. Smaller employers must provide unpaid leave – though the law preserves Portland’s 2013 sick-leave measure, which also applies to smaller businesses. The bill was backed exclusively by Democrats, who said people shouldn’t feel forced to choose between caring for their health and maintaining their paycheck. Opponents said it would make it harder for businesses to succeed and hire more workers.

– Criminal History: Known as the “Ban the Box” law, this prohibits employers from asking about criminal records on job applications. The idea behind the law is to give people with a criminal record a chance to present a fuller picture of themselves instead of being automatically eliminated from consideration at an early stage in the application process. Opponents say the measure could increase the risk of lawsuits for businesses.

– Uninsured Motorists: This new law allows drivers injured in a crash to apply their uninsured motorist coverage to the at-fault driver’s liability insurance, meaning the injured driver will get all the coverage they paid for. The bill also changes the personal injury protection law. Previously, personal injury damages were paid to the insurance company, which was then supposed to transfer them to the injured person. Now, injured people can bypass the insurance company and have their damages paid directly to them. The new law only applies to insurance policies issued or renewed after Jan. 2.

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