2013 OSB Law Improvement Proposals
Below is a list of legislative proposals submitted by OSB groups for sponsorship in the 2013 session of the Oregon Legislature. The proposals are currently in the process of being drafted by Legislative Counsel . 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:
BOARD OF GOVERNORS: appointed as a custodian of a non-performing law practice to have priority in payment for compensation and expenses where assets are insufficient to meet all obligations; allows state bar to send compliance notices to members by e-mail. make the unlawful practice of law an unlawful trade practice. Amends ORS 646.608. LAWYERS FOR VETERANS: administrative hearings to include a statement that the Servicemembers Civil Relief Act applies to such proceedings and affords active duty servicemembers the right to defer such hearings. sentencing to consider evidence received during a criminal proceeding regarding the defendant's statuts as a servicemember in determining aggravation or mitigation. OREGON LAW FOUNDATION: companies be set up similarly to lawyers' IOLTA accounts, with interest going partially to funding legal services. ADMINISTRATIVE LAW SECTION: ORS Chapter 183) in a digital format. This requirement is being proposed in order to facilitate the inclusion of agency final orders in online electronic databases such as Fastcase. ANIMAL LAW SECTION: includes the right to enter the premises of another if necessary to prevent serious harm to property, specifically defined to include animals. BUSINESS LAW SECTION: permissible to hold shareholder meetings over a webcast or other electronic communications medium without the need for the meeting to be based in a physical location. Current law clearly allows shareholders to participate at a meeting via this type of technology, but references in statute to the "place" of the meeting make it unclear if a meeting can be conducted exclusively through such remote communication systems. Amends ORS Chapter 60. directors to delegate to corporate officers the authority to grant equity awards to corporate employees. Current law is clear that boards may do this directly, but it is unclear as to whether they may delegate the authority to officers. Amends ORS 60.157. DEBTOR-CREDITOR SECTION: trust deed foreclosure when an initial sale has been lawfully stayed and the stay is then lifted. Amends ORS 86.755. trustee attorney's firm to act on behalf of the trustee when the trustee is unavailable to act as trustee. Under current law, matters that must be undertaken by the trustee must wait until the trustee is again available, or a new trustee is appointed. Amends ORS 86.790. ELDER LAW SECTION: and costs in protective proceedings cases. Amends ORS 125.095. ESTATE PLANNING AND ADMINISTRATION SECTION: administering estates and trusts. Requires the custodian of digital accounts and digital assets to transfer, deliver or provide access to accounts or electronic copies of assets to a personal representative, conservator or settlor upon written request. FAMILY LAW SECTION: Chapters 107 and 109 in order to clarify several ambiguities and errors. The issues covered include taxability of spousal support, applicability of statutory restraining orders, the proper location to file filiation proceedings, and the elimination of the term "suit" in certain contexts. involving court ordered life insurance policies. UNIFORM CRIMINAL JURY INSTRUCTIONS COMMITTEE: provision in the current Uniform Criminal Jury Instructions which is in conflict with an Oregon Supreme Court decision in Ireland v. Mitchell, 226 Or 286, 290, 359 P2d 894 (1961). The statute requires that a judge inform jurors that they must distrust a witness that is false in one part of their testimony, whereas the court has ruled that jurors may distrust such a witness, but are not obligated to do so. Common practice is to abide by the Supreme Court's ruling. Amends ORS 10.095.