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:

1. HB 2565 - Custodianship of Law Practice; Electronic Bar Notices: Permits an individual
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. PASSED

2. HB 2573 - Unlawful Practice of Law: Amends the Unlawful Trade Practices Act to explicitly
make the unlawful practice of law an unlawful trade practice. Amends ORS 646.608.
PASSED


LAWYERS FOR VETERANS:

3. SB 125 - Notice of SCRA in Administrative Hearings: Amend ORS 183.413 to require notice of
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.
PASSED

4. SB 124 - Increase Judicial Discretion in Sentencing Certain Veterans:  Directs the court at
sentencing to consider evidence received during a criminal proceeding regarding the
defendant's statuts as a servicemember in determining aggravation or mitigation. PASSED


OREGON LAW FOUNDATION:

5. HB 2608 - Interest from Escrow Accounts: Requires that escrow trust accounts held by title
companies be set up similarly to lawyers' IOLTA accounts, with interest going partially to
funding legal services. Work Group


ADMINISTRATIVE LAW SECTION:

6. SB 52 - Fastcase Pilot Project: Requires state agencies to maintain final orders (as defined in
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. PASSED


ANIMAL LAW SECTION:

7. SB 53 - Community Caretaking Functions: Clarifies that police community caretaking functions
includes the right to enter the premises of another if necessary to prevent serious harm to
property, specifically defined to include animals. In Committee Upon Adjournment


BUSINESS LAW SECTION:

8. HB 2567 - Remote-only Shareholder Meetings: Clarify existing law to make clear that it is
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. PASSED

9. HB 2566 - Equity Awards to Employees: The bill provides express authority for boards of
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. PASSED


DEBTOR-CREDITOR SECTION:

10. HB 2568 - Amended Notices of Sale: This bill would clearly define the duties of a trustee in a
trust deed foreclosure when an initial sale has been lawfully stayed and the stay is then lifted.
Amends ORS 86.755. PASSED

11. HB 2569 - Qualifications to Serve as Trustee: This bill would allow another attorney in the
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. PASSED


ELDER LAW SECTION:

12. HB 2570 - Protective Proceedings: Makes clarifications to the rules regarding attorney's fees
and costs in protective proceedings cases. Amends ORS 125.095. PASSED


ESTATE PLANNING AND ADMINISTRATION SECTION:

13. SB 54 - Digital Assets: Defines "digital accounts" and "digital assets" for the purpose of 
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. In Committee Upon
Adjournment


FAMILY LAW SECTION:

14. HB 2571 - Housekeeping (ORS Ch 107 and 109): This bill makes several changes to ORS
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.
PASSED

15. HB 2572 - Life Insurance: This bill provides for the award of attorneys fees in certain cases
involving court ordered life insurance policies. PASSED


UNIFORM CRIMINAL JURY INSTRUCTIONS COMMITTEE:

16. SB 55 - Technical Correction to Uniform Criminal Jury Instructions: Corrects a longstanding
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. PASSED