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:
1.SB 381- Timeline, Out-of-State Delegation, Board of Bar Examiners - Removes current statutory requirements specifying reasonable notices and time to cure defaults. Adds a nineteenth member to the Oregon State Bar Board of Governors specifically elected by and from the out-of-state bar membership. Modifies Board of Bar Examiners. PASSED. Chapter 122 (2015 Oregon Laws).
2. HB 2327 - Custodianship - Allows the Oregon State Bar to take custodianship of an attorney's files and trust accounts under specific circumstances. PASSED. Chapter 6 (2015 Oregon Laws): Effective Date March 12, 2015.
3. HB 2328- Entity Representation - Amends ORS 9.320 to clarify that legal entities other than corporations are required to appear through counsel. PASSED. Chapter 7 (2015 Oregon Laws): Effective Date March 12, 2015.
ADMINISTRATIVE LAW SECTION:
5.SB 372- 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). Withdrawn by Administrative Law Section.
HB 2330 - Dissenters' Rights and Plan Filing - Clarifies the procedure that non-consenting shareholders must use to exercise dissenters' rights. Also streamlines the requirements to file a plan merger, plan of share exchange, or plan conversion. PASSED. Chapter 28 (2015 Oregon Laws): Effective Date January 1, 2016.
association fees during a redemption period from the judgment debtor to the certificate
holder/purchaser.PASSED. Chapter 120 (2015 Oregon Laws): Effective Date January 1, 2016.
CONSUMER LAW AND DEBTOR-CREDITOR SECTION:
9.SB 368 - Money Awards in Judicial Foreclosure - Clarifies the responsibility for paying homeowners association fees and condo association fees during a redemption period.PASSED. Chapter 291 (2015 Oregon Laws): Effective Date June 8, 2015.
ESTATE PLANNING SECTION:
10. SB 369 - Digital Assets - Adopts the Fiduciary Access to Digital Assets Act that has been produced by the National Conference of Uniform State Laws Commission. DIED. In committee upon adjornment.
11.HB 2331 - 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. PASSED.
FAMILY LAW SECTION:
12.SB 370 - 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. PASSED. Chapter 506 (2015 Oregon Laws): Effective Date June 19, 2015.
13.HB 2332 - 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.DIED. Tabled in Senate upon adjornment.
PROCEDURE AND PRACTICE COMMITTEE:
14.HB 2333- 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. PASSED. Chapter 510 (2015 Oregon Laws): Effective Date June 22, 2015.
15.HB 2334 - 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.Passed. Chapter 45 (2015 Oregon Laws): Effective Date October 5, 2015.
UNIFORM CRIMINAL JURY INSTRUCTIONS COMMITTEE:
16.HB 2335 - 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.PASSED. Chapter 10 (2015 Oregon Laws): Effective Date January 1, 2016.
WORKERS COMPENSATION SECTION:
17.SB 371 - 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. PASSED. Chapter 144 (2015 Oregon Laws): Effective Date May 21, 2015.