OSB Legislative Proposals
Bar (Organizational) Proposals

HB 3260

Extends from 10 days to 15 days amount of time recalled delegate of Oregon State Bar has to resign before ballots on recall decision are mailed. Makes other changes in operation of Oregon State Bar House of Delegates and Board of Governors. Creates new provisions, amends ORS 9.040, 9.136, 9.145, 9.150, 9.152, and 9.155.

Governor signed 6/4/01

HB 2938

Provides that Supreme Court may by rule require payment of fee by attorney who is not admitted to practice in this state and who appears as counsel in action or proceeding before court of this state. Appropriates collected fees to Oregon State Bar and directs that fees be used to fund legal services provided through Legal Services Program and to pay certain administrative expenses. Amends ORS 9.241.

Governor signed 5/9/01

Committee & Section Proposals

Procedure & Practice

HB 2372

Allows taking of telephone testimony in civil jury trial. Requires showing of good cause and compelling need. Amends ORS 45.400.

Governor signed 6/15/01

HB 2374

Provides that more than one party may be prevailing party in civil action, including arbitration, trial and appeal, for purpose of making award of attorney fees. Requires that court or arbitrator determine prevailing party on each claim made in proceeding. Clarifies that Act does not create new claim to award of attorney fees. Specifies factors court must consider in determining amount of attorney fees when statute requires award. Creates new provisions, amends ORS 20.075, 20.096, and ORCP 70 A; repeals ORS 20.015.

Governor signed 6/15/01

HB 2375

Provides that failure of party to serve deposition witness with subpoena requiring appearance of witness at trial does not constitute sufficient grounds to deny use of deposition at trial without further showing of lack of diligence on part of party. Amends ORS 45.250.

Governor signed 5/30/01

Appellate Law

HB 2361

Allows appeal of stipulated judgment in certain circumstances if party has reserved right to appeal ruling of trial court. Amends ORS 45.250.

Governor signed 6/22/01

Business Law

SB 118

Makes technical modifications to laws governing conversions and mergers of certain business entities. Specifies that business entity organized under Oregon law may convert or merge into foreign business entity pursuant to law of foreign jurisdiction under specified conditions. Allows corporate shareholders, by less than unanimous consent, to take action without meeting under specified conditions. Specifies that articles of organization or operating agreement of limited liability company may identify specific activities that do not violate duty of loyalty owed company by members or managers. Prescribes applicability. Modifies filing requirements of articles of organization for limited liability companies managed by manager. Prohibits misleading use of term bank or savings and loan in business entity name. Provides remedies to Director of Department of Consumer and Business Services for violations. Specifies certain judicial remedies for shareholders of corporations whose shares are not listed on national securities exchange or regularly traded. Allows shareholders to limit or eliminate most judicial remedies by agreement. Creates new provisions, and amends ORS 56.080, 60.001, 60.111, 60.211, 60.472, 60.476, 60.478, 60.481, 60.494, 60.661, 60.664, 60.667, 60.671, 60.721, 62.015, 62.155, 62.607, 62.611, 62.613, 62.617, 63.001, 63.047, 63.111, 63.155, 63.470, 63.476, 63.479, 63.481, 63.721, 65.001, 65.111, 65.637, 65.721, 67.342, 67.346, 67.348, 67.360, 70.005, 70.025, 70.435, 70.505, 70.515, 70.520, 70.525, 70.610, 271.330, 307.518, 554.082, and 750.635.

Governor signed 6/5/01

Civil Rights

HJM 3

Urges Senate of United States to ratify United Nations Convention on Elimination of All Forms of Discrimination Against Women. Urges President of United States and United States Secretary of State to urge Senate of United States to ratify convention.

Did not pass

Consumer Law

HB 2362

Increases amount of damages recoverable for violations of unlawful trade practices and unlawful debt collection laws. Extends statute of limitation for claim under unlawful trade practices laws. Expands list of unlawful debt collection practices. Modifies conditions for awards of attorney fees in claims under unlawful trade practices and unlawful debt collection laws. Amends ORS 646.638, 646.639, and 646.641.

Did not pass

HB 2175

Exempts from execution debtor's right to receive earned income tax credit and any moneys traceable to payment of earned income tax credit. Amends ORS 23.160, and 29.225.

Governor signed 6/22/01

Elder Law

HB 2363

Modifies notice requirements in protective proceedings for respondents alleged to be incapacitated. Creates new provisions, amends ORS 125.070.

Governor signed 6/18/01

HB 2364

Directs Senior and Disabled Services Division to allow recipient to retain income for legal and guardianship expenses approved by court and incurred when court establishes and maintains medically necessary guardianship. Takes effect 91st day following adjournment sine die.

Did not pass

HB 2365

Provides that person may not refuse to recognize authority of attorney-in-fact or agent under power of attorney based solely on passage of time. Makes related changes. Creates new provisions, amends ORS 127.005.

Governor signed 6/15/01

HB 2366

Allows court to enter protective order authorizing creation of irrevocable trust without making finding that respondent is financially incapable.

Did not pass

HB 2367

Expands list of persons requiring notification before guardian may place adult protected person in mental health treatment facility, nursing home or other residential facility. Creates new provisions, amends ORS 125.320.

Governor signed 6/19/01

HB 2368

Authorizes single proceeding for judicial consideration of issues regarding advance directive together with issues regarding appointment of guardian or temporary guardian under ORS chapter 125. Amends ORS 125.010 and 127.550.

Governor signed 6/15/01

Estate Planning

SB 120

Establishes procedure for asserting claims against certain non-testamentary trusts. Provides that certain claims are barred if claim not presented within specified time limitations.

Governor signed 6/25/01

SB 122

Increases from $10,000 to $30,000 the amount that certain personal representatives, trustees and conservators may transfer to custodian for minor without approval of court. Allows certain persons to create custodianship for property of minor that lasts until minor attains age of 25 years. Creates new provisions, amends ORS 126.822, 126.832, 126.839, and 126.869.

Governor signed 5/30/01

SB 123

Enacts Uniform Disclaimer of Property Interests Act. Creates new provisions, repeals ORS 105.625, 105.627, 105.630, 105.632, 105.635, 105.637, 105.640, 112.650, 112.652, 112.655, 112.657, 112.660, 112.662, 112.665, and 112.667.

Governor signed 5/30/01

Family Law

SB 124

Allows parties to annulment or dissolution of marriage or separation to stipulate to entry of decree. Amends ORS 107.095.

Governor signed 6/4/01

Family Law (Adoption)

SB 713

Exempts international adoptions from restrictions on disclosure of confidential information when requested by adult adoptee. Requires notice of right to adoption-related counseling for birth parent consenting to adoption. Requires prospective adoptive parent to pay uninsured costs of specified adoption-related counseling. Amends ORS 109.440.

Governor signed 6/25/01

Government Law

HB 2369

Revises definition of business with which person is associated for purposes of government standards and practices law. Creates new provisions, amends ORS 244.020.

Governor signed 5/25

Land Use

HB 2370

Adjusts series references related to certain land use statutes. Creates new provisions, amends ORS 197.050, 197.540, 197.626, 197.656, 215.233, 215.273, 215.304, 215.306, 215.311, 215.402, 222.230, 222.240, 268.380, and 466.385.

Governor signed 6/28/01

HB 2371

Allows party to de novo appeal of planning and zoning decisions made without hearing to raise all issues that could have been raised in hearing before decision. Creating new provisions, amends ORS 215.416 and 227.175.

Governor signed 6/15/01

Joint Oregon State Bar and Oregon Bankers Association Proposal

SB 171

Revises Article 9 of Uniform Commercial Code regulating secured transactions. Imposes restrictions on lenders in business of making title loans. Creates new provisions, amends ORS 29.205, 56.041, 71.1010, 71.1050, 71.2010, 72.1030, 72.2100, 72.3260, 72.4010, 72.4020, 72.4030, 72.5020, 72.7160, 72.8010, 72A.1030, 72A.3030, 72A.3070, 72A.3090, 72A.3095, 74.2100, 77.2090, 77.5030, 78.1030, 78.1060, 78.1100, 78.3010, 78.3020, 78.5100, 79.8010, 83.610, 87.322, 87.755, 87.816, 90.425, 93.806, 95.270, 192.440, 205.246, 283.089, 285B.050, 305.182, 305.184, 353.380, 471.292, 547.510, 646.551, 657.394, 657.542, 708A.535, 722.264, 725.360, 725.910, 803.015, 803.097, and 830.740 and section 9, chapter 249, Oregon Laws 2001 (Enrolled House Bill 2386), and ORCP 81 A; repeals ORS 79.1010, 79.1020, 79.1030, 79.1040, 79.1050, 79.1060, 79.1070, 79.1080, 79.1090, 79.1100, 79.1120, 79.1130, 79.1150, 79.1160, 79.2010, 79.2020, 79.2030, 79.2040, 79.2050, 79.2060, 79.2070, 79.2080, 79.3010, 79.3015, 79.3020, 79.3030, 79.3040, 79.3050, 79.3060, 79.3070, 79.3080, 79.3090, 79.3100, 79.3110, 79.3120, 79.3130, 79.3132, 79.3140, 79.3150, 79.3160, 79.3170, 79.3180, 79.4010, 79.4016, 79.4020, 79.4023, 79.4025, 79.4030, 79.4040, 79.4050, 79.4060, 79.4070, 79.4080, 79.4090, 79.5010, 79.5020, 79.5030, 79.5040, 79.5050, 79.5060 and 79.5070

Governor signed 6/19/01