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:

2015 OSB Law Improvement Proposals
BOARD OF GOVERNORS:

1. LC 1233 Timeline, Out-of-State Delegation, Board of Bar Examiners - Removes current 
    statutory requirements specifying timelines for suspension of members in the bar; instead the bar     would be require to provide reasonable notices and time to cure defaults. Also adds a nineteenth 
    member to the Oregon State Bar Board of Governors specifically elected by and from the out-of-
    state bar membership. Additionally, clarifies the relationship and responsibilities of the Oregon 
    State Bar's Board of Governors and the Board of Bar Examiners.

2. LC 544 - Custodianship - Allows the Oregon State Bar to take custodianship of an attorney's files 
    and trust accounts under specific circumstances.

3LC 545 Entity Representation - Amends ORS 9.320 to clarify that legal entities other than 
    corporations are required to appear through counsel.

4. LC ? Legal Aid Funding - Amends ORS 9.577 to direct the interest generated from the funds in 
    the legal aid account to the account, rather than to the general fund.


ADMINISTRATIVE LAW SECTION:

5. LC 563 Machine Readable Final Orders - Requires that agency final orders must be submitted 
    to the Oregon State Bar or its designee in machine readable format. Follow-up bill to SB 52 
    (2013).


APPELLATE PRACTICE SECTION:

6. LC 564 Filing and Service by Third-Party Commercial Carriers - Modifies ORS 19.260 to 
    allow for filing and service of initiating documents by a third-party commercial carrier.


BUSINESS LAW SECTION:

7. LC 549 - Dissenters' Rights and Plan Filing - Clarifies the procedure that non-consenting 
    shareholders must use to exercise dissenters' rights. Also streamlines the requirement to file a 
    plan merger, plan of share exchange, or plan conversion.


CONSUMER LAW SECTION:

8. LC 550 - Debt Transfer in a Foreclosure - Transfers responsibility for paying homeowners 
    association fees during a redemption period from the judgment debtor to the certificate 
    holder/purchaser.


CONSUMER LAW AND DEBTOR-CREDITOR SECTION:

9. LC 551 - Money Awards in Judicial Foreclosure - Eliminates the need to include a monetary 
    judgment in a foreclosure action when such inclusion is inappropriate or contrary to other 
    laws.


ESTATE PLANNING SECTION:

10. LC 553 - Digital Assets - Adopts the Fiduciary Access to Digital Assets Act that has been 
    produced by the National Conference of Uniform State Laws Commission.

11. LC 554 - Uniform Trust Code - Makes several changes to ORS Chapter 130 (Uniform Trust 
    Code). The issues covered include: the early vesting rule of trusts, the separate share rule, and 
    the allocation of realize capital gains to distributions.


FAMILY LAW SECTION:

12. LC 555 - Retirement Benefits for Former Spouses - Amends ORS 237.600 and 237.465 to allow     the 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.

13. LC 556 - Exchange of Financial Documents - Allows former spouses to exchange financial 
    documents without a formal court proceeding. Allows the former spouses to determine if there 
    has been a change in a party's circumstances sufficient to necessitate a modification of the 
    spousal support provisions of a divorce decree without filing with the court.


PROCEDURE AND PRACTICE COMMITTEE:

14. LC 558 Minority Tolling - Corrects an inadvertent change to the Minority Tolling Statute made 
    in HB 2366 (2007) that may have rendered that statute inapplicable to the Oregon Tort 
    Claims Act.


TAXATION SECTION:

15. LC 559 - Timeline for Filing Hardship Affidavit - Modifies the requirements surrounding the 
    submission of a hardship affidavit with a complaint in the regular section of the Oregon Tax 
    Court.


UNIFORM CRIMINAL JURY INSTRUCTIONS COMMITTEE:

16. LC 560 - Criminal Trespass Correction - Amends the definition of "Enter or Remain 
    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:

17. LC 561 - Closure Notices and Interpreter Services - Requires insurers of self-insured employers    to mail copies of a 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. Amends ORS 656.268 to expressly require payment for deposition interpreter services    by the insurer or self-insured employer if necessary.