Cindy Robert, AIA Oregon Lobbyist
Corporate Tax Increase
The 2019 “Student Success Act” includes a corporate tax rate increase of 0.57% for all income above $1 million. The program also reduces personal income tax rates for the lowest three tax brackets by 0.25 percent..
#MeToo Law - Workplace Harassment Protections
Every employer in state is required to adopt a written policy codifying their procedures and practices for reducing and preventing discrimination and sexual assault. Policy must contain at least: 1) a process for employees to report prohibited conduct; 2) identification of the individual responsible for receiving reports; 3) the statute of limitations for actions arising out of prohibited conduct; 4) a statement that the employer cannot coerce or require employees to enter into nondisclosure agreements; 5) an explanation of process for requesting agreement, including a statement that employee has at least seven days to revoke an agreement; and 6) a statement advising employers and employees to document any incidents involving prohibited conduct. Employer make policies available to employees and provide copy to each employee upon hire. The Bureau of Labor and Industries will be providing a model policy on website.
Accommodations for Pregnant Employees
New workplace protections for job applicants and workers who have limitations related to pregnancy, childbirth, or a related medical condition. Unless an undue hardship would result, employers with six or more employees must provide reasonable accommodations to known limitations related to pregnancy, childbirth, or other related medical condition. There is also a private right of action for an employee or job applicant alleging violations.
Noncompetition Agreements
An employer must provide a signed, written copy of the terms of the noncompetition agreement within 30 days after an employee is terminated. The requirement applies to noncompetition agreements entered into on or after the effective date of the measure. Under current Oregon law, a noncompetition agreement may not exceed 18 months from the date of an employee’s termination and a noncompetition agreement is not enforceable unless four requirements are met: 1) employer informs the employee in a written employment offer received at least two weeks before employee's first day or the agreement is entered into upon a promotion; 2) the employee is engaged in administrative, executive, or professional level work; 3) the employer has a protectable interest; and 4) the employee's gross annual salary and commissions at the time of termination exceeds the median family income for a four-person family.
Paid Family and Medical Leave
In effect for policy writing purposes but premiums won’t begin being collected until 2022 and paid leave not in available until 2023.
State-run insurance program, administered by the Employment Department, and funded through payroll tax contributions:
12-weeks paid family and medical leave annually.
All employees are eligible for program after they have earned $1,000.
Maximum payroll tax of up to 1%:
60% employee paid
40% employer paid
Employers with 25 or fewer employees are not required to pay the premium.
All employees are required to pay regardless of business size.
Job protection requirements for employees who utilize the program.
9-1-1 Tax Increase
Taxes for emergency communications are increased to $1.25 per month or per transaction as appropriate, phased in over two years: $1.00 in first year and $1.25 in second year.
Gas Tax Increase
The second of four increases first adopted in 2018 (4 cents) goes into effect and will increase the state gas tax by 2 cents January 2020. Increases in 2022 and 2024 will also be 2 cents.
Plastic Bag and Straw Bans
Retail establishments and restaurants are prohibited from providing single-use checkout bags to customers. A "reusable plastic checkout bag" is as a bag made of durable plastic at least 4 mils thick. Exemptions include:
Bags provided for package bulk items such as fruit, vegetables, nuts, grains, greeting cards, or small hardware items;
Bags that contain or wrap frozen food, meat, fish, flowers, plant, or other item because of dampness or sanitation; or contain an unwrapped prepared food or bakery good;
Bags that contain a prescription drug;
Newspaper bags;
Door hanger bags;
Laundry bags;
Dry cleaning bags;
Bags sold in a package of multiple bags for uses such as food storage, trash bags, or pet waste collection.
Food and beverage providers and convenience stores are prohibited from providing a single-use plastic straw to a consumer unless specifically requested by the consumer. Exempted from the prohibition are:
A straw made from materials other than plastic, including paper, pasta, sugar cane, wood, or bamboo;
Straws attached to or packaged with a beverage container;
Straws offered for sale in bulk or unconnected with provision of food or beverage;
Straws provided in connection with delivery to a consumer in a vehicle.
The definition of "food and beverage provider" does not include a health care facility or a residential care facility that provides single-use plastic straws to patients or residents.
Marijuana Conviction Expungement
People will be allowed to apply to court to set aside most convictions for possession, delivery, and manufacture of marijuana if such conduct upon which conviction was based is no longer crime. Possession of less than one ounce of marijuana is added to list of offenses that are eligible for the expedited set aside process
Ballot Prepaid Postage
The state will pay postage on ballot return envelopes for each election held in Oregon.
Bicycle Rolling Stops
A bicyclist approaching an intersection regulated by a stop sign or flashing red light Is allowed to proceed through that intersection or make a turn without stopping.
Undocumented Immigrant’s Driver’s License
The Department of Transportation is authorized to issue, renew, or replace a noncommercial driver license, noncommercial driver permit, or identification card without proof of legal presence.
Clean Diesel
Old diesel engines will begin to be phased-out for on-road trucks in Multnomah, Clackamas and Washington counties. Older truck diesel engines will disappear over the next 10 years, with this program requiring that all medium and heavy-duty trucks registered in Oregon be upgraded to a 2010 model engine or newer by 2029. Trucks may comply by switching to a cleaner fuel or by using retrofit technology to capture emissions. Additionally, in those counties, any state contract work over $20 million must be done by contractors with 2010 model year or newer on and off-road diesel engines and equipment that meet certain emission standards in performance of the contract.
