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 544 - ORS Chapter 9 Placeholder.

2. LC 545 - Entity Representation - Amends ORS 9.320 to clarify that corporations as well as
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:

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 547 - Dissenters' Rights - Clarifies the procedure that non-consenting shareholders must
utilize to exercise dissenters' rights.

8. LC 549 - Plan Filing - Streamlines the requirement to file a plan of merger, plan of share
exchange, or plan conversion.


CONSUMER LAW SECTION:

9. 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:

10. 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.


ELDER LAW SECTION:

11. LC 552 - Professional Guardians - Requires notice be provided to courts and interested
parties prior to a change of ownership in a business entity that serves as a guardian.


ESTATE PLANNING SECTION:

12. LC 553 - Digital Assets Placeholder - Adopt the Fiduciary Access to Digital Assets Act by the
national Uniform Laws Commission.

13. LC 554 - Uniform Trust Code Housekeeping - Makes serveral changes to ORS Chapter 130.
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:

14. LC 555 - Exchange of Financial Documents - 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.

15. LC 556 - Retirement Benefits for Former Spouses - Allows former spouses to exchange
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:

17. LC 559 - Timeline for Filing Hardship Affidavit - Requires a hardship affidavit prepared under
ORS 305.419(3) to be filed before a complaint is heard, but not at the time of filing.


UNIFORM CRIMINAL JURY INSTRUCTIONS COMMITTEE:

18. 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:

19. LC 561 and LC 562 - Closure Notices and Interpreter Services - These two drafts will be
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.