2003 Legislative Proposals
* denotes a bill proposed by the Oregon State Bar
|OSB Public Affairs Committee Leglislative Proposals|
OSB Bar act changes.
Uncontested bar elections
Waiver of CSF assessment for 50-year members
Allows electronic voting
Eliminates 6 month automatic review-ORS 9.536(2)
Chapter 192, (2003 Laws): January 1, 2004.
|HB 2066||Technical court correction
bill (provision clarifies that legal aid fees
are not subject to 8% administrative fee for
||Chapter 518, (2003 Laws): July 1, 2003. Governor signed 7/1/03|
Omnibus court filing fee bill. Increases legal
aid fees charged in circuit courts. Assesses
legal fee when appeal or response is filed in Court of Appeals or Supreme
Court. (HB 2088
legal aid filing fee bill was merged into HB
|HB 2594||Provides that certain transfers and payments
of moneys by justice and municipal courts be made
not later than last day of month following month
in which collected. Amendment to address licensed
||Chapter 687, (2003 Laws): August 21, 2003.
Governor signed 8/21/03
|HB 3666||Modifies securities law liability provisions
to allow action for actual damages for certain
securities laws violations involving fraud. (Modifies
SB 609 re PERS cause of action)
||Chapter 786, (2003 Laws): January 1, 2004.
|Omnibus bill re: Centralized Hearings Panel Repeal Sunset.
(Section’s bill was merged into HB 2526)
|Chapter 075, (2003 Laws): May 22, 2003. Governor signed.
|Alternative Dispute Resolution|
|*HB 2279||Adopt the Revisions to the Uniform Arbitration Act (RUAA)
||Chapter 598, (2003 Laws): January 1, 2004.
|*HB 2075||Modernize OBCA in the areas of Director’s authority and procedures,
shareholder meetings and voting, Director’s conflict of interest
transactions, Director’s standards of conduct and liability, indemnification
and advances for expenses.
||Chapter 080, (2003 Laws): January 1, 2004. Governor signed.
||Increase exemption from execution on a judgment on a car to the value
of $3,000. Current exemption is $1,700.
||Prohibit a seller that repossesses and resells a car from suing the
debtor for any deficiency following the sale if the amount of debt at
time of default was $1,250 or less.
||UTPA amendments – Gutted & Stuffed with AG’s “No
Passed out of Senate. Ref. to HB,L &CA 5/16/03
|*HB 2059||Provide a procedure for bonding around storage fees imposed by a possessory
chattel lien claimant when there is a dispute.
||Chapter 193, (2003 Laws): January 1, 2004. Governor signed.
||Require trustee to record an affidavit prior to the sale that sets
forth the information needed to tender a cure or pay off the loan.
||Chapter 251, (2003 Laws): January 1, 2004. Governor signed.
||Eliminates provision that allows an injured person’s spouse/co-debtor
to exempt up to $10,000 for personal bodily injury even if they did
not suffer bodily injury.
||Chapter 079, (2003 Laws): January 1, 2004.Governor signed. 5/24/03|
|*SB 32||Continue project and modify to either (1) allow for a greater role
as advocate for respondent, or (2) design program to allow for court-employed
or court-appointed advocate for respondent.
||Chapter 227, 2003 Laws. Effective date 6/6/03. Governor Signed. 6/6/03|
||Limit statute to provide banks with a “safe harbor” when
faced with claims of competing ownership in jointly held accounts.
||Chapter 256, 2003 Laws. Effective date 1/1/04. Governor Signed. 6/10/03|
||Delete language requiring that real property to be sold, leased or
exchanged be specifically described, as that places an onerous financial
burden on a typical care-giving family where existing estate planning
documents have not specifically described such property.
||Chapter 347, 2003 Laws. Effective date 6/13/03. Governor signed. 6/13/03.|
|*SB 35||Provide that a professional fiduciary may not use funds from the protected
person’s estate for services that the fiduciary’s family,
or a business entity in which the fiduciary’s family has an ownership
interest, have furnished the protected person absent approval by order
of the court.
||Chapter 392, 2003 Laws. Effective date 1/1/04. Governor signed. 6/17/03.|
||Provide a procedure to ensure that updated information as to criminal
activity is supplied each year by professional fiduciaries.
||Bill unnecessary - withdrawn|
||Provide that persons, other than the victim, can petition for a restraining
order on behalf of the victim.
||Chapter 257, 2003 Laws. Effective date 1/1/04. Governor signed. 6/10/03.|
|*HB 2063||Adopt the Revised Uniform Principal and Income Act (1997) and as further
amended in 2000.
||Chapter 279, 2003 Laws. Effective date 1/1/04. Governor signed. 6/10/03.|
||Provides similar safeguards for revocable trusts as there are for
wills, to protect against drafting errors.
||Chapter 084, (2003 Laws): May 24, 2003. Governor signed.
||Provide that assets that pass by beneficiary designation automatically
terminate upon divorce.
||Failed on House floor 3/3/03|
|*HB 2280||Create a statutory form of durable power of attorney and a uniform
set of powers and responsibilities.
||Referred to Interim Judiciary Wkgp.|
|Family Adoption Law Subcommittee|
|*SB 38||Adopt the jurisdictional provisions of the Uniform Adoption Act (UAA)
and exclude adoption proceedings from the provisions of the UCCJEA.
||Chapter 258, 2003 Laws. Effective date 1/1/04. Governor signed. 6/10/03.|
|*SB 39||Provide that executive session communications do not constitute a
waiver of the attorney-client privilege.
||Chapter 259, 2003 Laws. Effective date 1/1/04. Governor signed. 6/10/03.|
|To the extent possible, align the definition of an independent contractor
for Oregon purposes to that used for federal employment
(Section’s bill was merged into SB 232)
|Chapter 704, 2003 Laws. Effective date, November 26, 2003. Governor signed. 8/22/03.|
|*SB 63||Require that the Board assign multiple employer cases to an Administrative
Law Judge to manage the investigation process and the discovery process.
||Chapter 667, 2003 Laws. Effective date, January 1, 2004. Governor signed. 8/18/03.|
|Procedure and Practice Committee|
|*HB 2064||Allow for the use of a “declaration”, subject to the penalty
of perjury, as an additional mode of taking testimony.
||Chapter 194, (2003 Laws): January 1, 2004. Governor signed.
||Modifies procedures for promulgation, amendment or repeal of rule
of civil procedure by Council on Court Procedures. Directs council to
publish or distribute notification of changes made to proposed language
within 60 days after meeting at which changes are made.
||Chapter 110, (2003 Laws): January 1, 2004. Governor signed.
||Create a new section that would clarify that contractual attorney
fees are to be awarded by the courts even if the prevailing party on
the contract establishes that the contract is void or otherwise unenforceable.
||Chapter 393, 2003 Laws. Effective date 1/1/04. Governor
|*SB 42||Provides that statutes of limitation and other procedural statutes
governing civil and criminal proceedings are computed in calendar years.
||Chapter 228, 2003 Laws. Effective date, January 1, 2004. Governor signed. 6/6/03.|
|Unlawful Practice of Law (UPL)|
|*SB 43||Modifies UPL definition by codifying existing case law to clarify
limits on title company activities. Exempts certain
activities of title insurers, title insurance agents
and escrow agents from prohibitions
on unauthorized practice of law. Adds Multijurisdictional
||Chapter 260, 2003 Laws. Effective date 1/1/04. Governor