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New Oregon Laws..January 1st 2008

Tryan Hartill January 7, 2008

UPDATE
Look below RE: Domestic Partnership……

Here is a short overview of some of the laws that will take effect on January 1st 2008.

Domestic Partnership

In May 2007 Ted Kulongoski signed the Oregon Family Fairness Act. Which will allow same sex couples to establish a Domestic Partnership. This Act will give same sex couples most of the rights as Married Couples, although no ceremony is required. In September, groups that wanted to overturn the Act failed to turn in the 55,000 necessary signatures for it to appear on the November ballot. Couples can file forms with county clerks starting Jan. 2. Also related is HB2, which prohibits discrimination based on sexual orientation.

UPDATE

As of tonight, the domestic Partnership bill looks to be on hold. Some of the groups that collected signatures in an attempt to put the Act on the ballot is challenging the State regarding the signatures.

They came very close to the 55,179 needed to have the Domestic Partnership law voted on by the people of Oregon, coming up about 120 short.

District Judge Michael Mosman has set a Feb. 1st hearing to see if in fact they were short of the required signatures.

Minors Behind The Wheel

Other laws starting January 1st involve younger drivers. Next week it will be illegal for anyone under 18 to use a cell phone while driving. Max fine is $90. Also going into effect will be HB 2148, which increases the penalty when a minor is convicted of possessing alcohol while driving. And HB 2147, which says that anyone under 21 can have their drivers license suspended for a MIP conviction.

Also worth noting is Washington’s text message ban. On Tuesday it will be illegal for all folks who drive on Washington roads to text message. Although this is a secondary offense (cannot be pulled over for it) it carries a fine of $101. A full ban on cell phone use (without a hands-free device) will take effect July of 2008.

Drunks Behind The Wheel

Starting in 2008, 1st time drunk driving offenders will be required to install and use a ignition interlock device for one year and for 2 years after their second conviction. Ignition interlock systems cost about $2 a day, plus installation and removal fees.
Also a new crime will be on the books, aggravated vehicular homicide. This relates to a person who is convicted of a second vehicular homicide while intoxicated and carries a minimum 20 year sentence. Also going into effect is a law that sends someone to prison for 7 1/2 years if they are convicted twice of seriously injuring someone while driving under the influence.

Other laws related to driving can be found here.

At the Workplace

The minimum wage will rise to $7.95 and is the smallest jump in 3 years. We will go from the second highest in the nation to the 4th.

Senate Bill 248 will limit non-competition agreements.

SB 583 imposes the toughest workplace security laws in the nation. Every Oregon employer who keeps personal information must:

  • Designate a security officer
  • Conduct a risk assessment
  • Assess the safeguards in place to manage the risks
  • Train employees in security policies and procedures
  • Require by contract that service providers maintain adequate security (note the connection to the trend discussed above)
  • Adjust the security program over time to meet changing circumstances
  • Implement adequate physical and technical safeguards
  • Properly dispose of personal information

More new workplace laws can be found here and some free legal advice on the new laws can be found here.

Odds and Ends

Other Laws:

HB 2513 prohibits gift cards that expire.

SB 431 prohibits landlords from having motor vehicles towed without notice except under special circumstances.

HB 2163 requires all cigarettes sold in Oregon to be fire safe.

SB 10 restricts officials from receiving more than $50 gifts and addresses other Government ethics issues.

The Department of Land Conservation and Development will start sending notices to Measure 37 filers.

Have a safe and prosperous 2008 (Without breaking any laws of course…)

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