Below is a list of draft legislative proposals submitted by OSB groups for sponsorship in the 2015 session of the Oregon Legislature. The OSB Board of Governors approved the Law Improvement Package on April 25, 2014 with a request that the Public Affairs Department work with bar groups to continue to refine their proposals while working with internal and external stakeholders and relevant state agencies. We will update the website periodically. If you have any questions about these proposals or about the OSB Legislative process, please feel free to contact: Amy Zubko , Legislative Attorney, (503) 431-6317
2015 OSB Law Improvement Proposals
BOARD OF GOVERNORS: 1. LC 544 - ORS Chapter 9 Placeholder. other legal entities need to be represented by counsel. 3. LC 546 - Legal Aid Funding - Increases funding for legal services from civil filing fees from $11.9 million to $15 million. Other options are being explored including Cy pres. 4. ORS Chapter 9 - Adds an out-of-state member to the OSB Board of Governors. Provides OSB flexability to align timelines for payment of fees, PLF payments, and other member obligations. ADMINISTRATIVE LAW SECTION: 5. LC 563 - Fastcase - Modifies ORS 183.471 to require final orders to be "machine readable" rather than digital or electronic. APPELLATE PRACTICE SECTION: allow for filing and service of initiating documents by a third-party commercial carrier. BUSINESS LAW SECTION: 7. LC 547 - Dissenters' Rights - Clarifies the procedure that non-consenting shareholders must utilize to exercise dissenters' rights. 8. LC 549 - Pl an Filing - Streamlines the requirement to file a plan of merger, plan of share exchange, or plan conversion. CONSUMER LAW SECTION: association fees during a redemption period from the judgment debtor to the certificate holder/purchaser. CONSUMER LAW AND DEBTOR-CREDITOR SECTION: judgment in a foreclosure action when such inclusion is inappropriate or contrary to other laws. ELDER LAW SECTION: parties prior to a change of ownership in a business entity that serves as a guardian. ESTATE PLANNING SECTION: national Uniform Laws Commission. The issues covered include the early vesting rule of trusts, the separate share rule, and the allocation of realize capital gains distributable net income. FAMILY LAW SECTION: former spouse of a public retirement plan holder to receive survivor or death benefits to the extent provided in a court order, even if the former spouse had not retired at the time of his or her death. financial documents without a formal court proceeding. PROCEDURE AND PRACTICE COMMITTEE: 16. LC 558 - Minority Tolling - Corrects an inadvertent change t the Minority Tolling Statute made in HB 2366 (2007) that may have rendered that statute inapplicable to the Oregon Tort Claims Act. TAXATION SECTION: ORS 305.419(3) to be filed before a complaint is heard, but not at the time of filing. UNIFORM CRIMINAL JURY INSTRUCTIONS COMMITTEE: Unlawfully" in the "Burglary and Criminal Trespass" section of ORS Chapter 164 to make the wording of the statute consistent with the Supreme Court's interpretation of the statute. WORKERS COMPENSATION SECTION: combined into one bill. LC 561 requires insurers or self-insured employer to mail copies of closure notice to any statutory beneficiaries of a deceased worker and establish two tiers of appeal rights: those beneficiaries who were mailed copies have 60 days to appeal a notice and those who were not mailed a copy of the closure notice have one year to appeal. LC 562 amends the statute in order to expressly require payment of deposition interpreter services by the insurer or self-insured employer if necessary.