2009 OSB Legislative Proposals
Proposal Link Description
Board of Governors
SB 244 LC-565 Amends ORS Ch. 9 to reconfigure existing regions, add two new board members to the Board of Governors, and define when an attorney is “practicing law” in Oregon.
Military Assistance Panel
HB2303 LC-566 Creates provisions allowing attorney fees, liquidated damages, and an exemption from arbitration in cases under Servicemember Civil Relief Act
OSB SECTIONS
Business Law Section
HB2304 LC-567 Changes the required notice period for short form mergers with a subsidiary from 30 to 10 days, conforms to Model Business Corporation Act
HB2305 LC-568 Amends ORS 60.441(3) to treat classes and series of stock alike when determining voting groups, and to allow articles of incorporation to provide for separate voting groups
Consumer Law Section
HB2306 LC-569 Allows a debtor to choose either the federal or state exemptions in bankruptcy cases.
Criminal Law Section
SB 243 LC-570 Corrects an error in 2003 legislation by reinstating a time period after which a motion in arrest of judgment is "deemed denied" if the trial court has not yet ruled upon the motion
SB 242 LC-571 Codifies existing case law to create a clear procedure that governs the pleading and proof of all previous-conviction elements
Debtor/Creditor Section
SB 241 LC-572 Clarifies the procedure used to enforce a purchaser’s right to possession of property purchased at a foreclosure or execution sale, and that the F.E.D. statutes are available in such situations
SB 240 LC-573 Amends ORS Ch. 18 to provide that information provided on Judgments and Writs of Garnishment forms be truncated to omit full SSN
HB2307 LC-574 Excludes outright debt buyers from ORS Ch. 697, which regulates collection agencies
SB 239 LC-575 Changes to HB 3630, mortgage lending bill, passed in 2008 Session. Amends ORS 86.750(3) to require that a trustee foreclosing a residential trust deed record affidavits of mailing and service of the notice required, and to provide a bar date for the grantor to raise the issue that they did not receive notice
Elder Law Section
SB 370 LC-576 Clarifies that courts have authority to enter a judgment, not just an order, on the award of costs and attorney fees in probate proceedings
Estate Planning & Administration Section
SB 371 LC-577 Makes technical corrections to the Uniform Trust Code
SB 238 LC-578 Implements the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
HB2357 LC-580 Clarifies application of the disclaimer statute in cases of intestate succession
SB 237 LC-581 Amends ORS 127.007 and 127.015 to authorize springing powers of attorney
SB 236 LC-582 PULLED Regulates fees charged by heir search firms
SB 235 LC-583 Increases the small estate limits under the probate code: personal property increased from $50,000 to $100,000, and real property from $150,000 to $250,000
HB2308 LC-584 Allows a trustee, personal representative, or executor to apply to the Oregon Department of Revenue for a determination of inheritance tax and discharge from tax liability
HB2309 LC-585 Allows conservatorships to be extended from current age of 18 to 21
Family Law Section
HB2310 LC-586 Modifies family abuse restraining orders (FAPA) orders
HB2311 LC-587 Adds language to stalking and Family Abuse Prevention Act (FAPA). statutes clarifying that legal service of process, not done for purpose of harassment, is not a violation of court orders
Indian Law Section
HB2312 LC-588 Brings uniformity to treatment of corporations and other entities established by American Indian Tribal Government in the Oregon statutes
Procedure and Practice
SB 266 LC-1410 Amending ORS 12.020 re: date upon which an action is commenced for purposes of the statutes of limitations; suggested corresponding changes to UTCR 7.020
Real Estate Land Use Section
SB 234 LC-589 Makes service requirements on LUBA consistent with other appeals
HB2418 LC-591 Clarifies parties who may act without a real estate license in selling their property
HB2313 LC-592 Clarifies language describing a "trust or estate" in Oregon statutes