No Shark Fin Soup for You: Recent Changes to Oregon Laws

Possessors of shark fins, you presently have sooner or later (if you study this on December 30, 2011, to sell, change, or distribute any shark fins you have for your ownership. After December 31, 2011, you may not be capable of promoting, trading, or distributing shark fins in Oregon without a license. California has enacted a comparable law. After December 31, 2011, you can not own shark fins in Oregon – unless you obtained the fin earlier than January 1, 2012.

Recent Changes

This begs the question, how will the authorities recognize if you received possession of a shark fin earlier than or after December 31, 2011? If you are pulled over, and the officer sees the shark fin hanging out of your rearview reflect, you’ll be arrested if you can not prove while you got the fin. You might also need to apply an everlasting marker to mark the fin with the date you won possession, or if you nevertheless have the receipt, affix it to the shark fin with a stapler. You may want to go away from the fin at home.

A. Drunk Driving:

The maximum full-size alternate to Oregon’s DUII laws is the requirement that everyone coming into the DUII diversion program for a DUII arrest that takes place on or after January 1, 2012, can be required to place an ignition interlock tool (IID) of their car if they need to pressure during the diversion length.

An IID is a small tool stressed on your car’s ignition which measures whether alcohol is on your breath. If it detects alcohol, then the ignition will not start. This change is reasonably significant since the fees associated with the device’s installation and renovation are excessive. Likewise, the IID device is an inconvenient addition to a vehicle, mainly if the automobile is the principle circle of relatives vehicle.

B. Cell Phone Usage:

The legislature decided to shut a loophole in Oregon’s ban on cell cellphone usage even as driving through doing away with the exemption that allowed drivers to assert that they were using the mobile cellphone for work purposes. Although the exemption changed into never clean, you can now not test your myth team’s status whilst flying down the freeway and declare that you were the usage of the phone for “paintings” purposes. In principle, the exemption made sense; however, it became difficult to put in force in truth.

C. Estate Planning:

Recent Changes

For an intensive study adjustment in Oregon’s inheritance tax legal guidelines, see my earlier article entitled “Oregon Inheritance Tax Bill Passes Oregon House and Senate With Some Tweaks.” Significantly, the brand new laws will tie Oregon’s inheritance tax legal guidelines to 2010 federal property tax laws. However, the inheritance tax exemption degree stays at $1.Zero million in preference to the federal exemption degree of $5.Zero million. Essentially, the amendments make it simpler to calculate Oregon’s inheritance tax.

In addition to changes within the inheritance tax legal guidelines, Oregon’s legislature enacted the “Real Property Transfer on Death Act.” Many other states have enacted similar legal guidelines in the past, making it simpler for a proprietor of actual property (together with a determine) to transfer actual belongings to a delegated beneficiary or beneficiaries while the proprietor dies.

In the past, asset proprietors often upload a toddler or other character as a proprietor of the actual assets as a joint tenant with survivorship’s right. This would give the individual an ownership hobby within the property and bring about unintentional tax effects and other problems. Using a “transfer on death deed,” the proprietor avoids transferring a possession interest in the property in the course of his existence and guarantees that the belongings will transfer to a beneficiary, or beneficiaries, automatically without the need for probate.

Although this will be a powerful “probate avoidance” method, individuals should discuss with a legal professional earlier than determining to use a transfer on the loss of life deed. The transfer on the dying deed isn’t always powerful in moving the private property within the house or on the belongings and cannot be used for another property. Consequently, even supposing you decide to apply for a transfer on death deed, extra planning might be vital.

D. Divorce and Inheritance or Gifts from Parents

As a tie in to the above, say your dad leaves you a bit of belonging by using the switch on the loss of life deed. After he dies, you and your spouse divorce. During the divorce complaints, your partner wishes ½ of the value of the assets left to you by using your father.

The antique presumption turned into that the parties contributed equally to acquiring all belongings received during the marriage – inclusive of inherited belongings. The presumption can be rebutted if the inheriting partner may want to prove that the person making the gift or the bequest did no longer intend for the other partner to inherit any part of the property. Due to evidentiary regulations overcoming this presumption became hard.

Beginning January 1, 2012, the presumption will now be the alternative – property obtained through a party as a gift, beneficiary designation, or inheritance made to that specific man or woman might be presumed to be that celebration’s separate belongings. For this presumption to apply, the spouse receiving the assets must continuously preserve the assets cut loose different marital property. In different phrases, depositing your $1.Zero million inheritance into the joint bank account or shifting the assets to you and your partner as joint proprietors destroys this presumption. The presumption can also triumph over oversupplying evidence that the gift, bequest, or inheritance changed into meant to gain the marital property.

Recent Changes

Of direction, courts nevertheless have the capacity to divide this belonging because the court docket deems “simply and right” relying on the information of each case. It’s miles possible for judges to award a partner all one by one inherited belongings in its software. However, decreasing it is partner’s hobby in together owned belongings to make a “just and right” distribution.

E. Employment Agreements

Oregon law allows employers to have employees sign employment agreements that require all disputes springing up from the employee’s employment to be challenged to obligatory arbitration. The old law required this type of employment settlement to be supplied to the worker at least 14 days before the worker’s first day of employment. The newly acted regulation simplest requires seventy-two-hour notice. If the agreement also incorporates a non-opposition clause, you continue to will need to provide the settlement to the employee at least 14 days earlier than the worker’s first day of employment.