2003 Legislative Proposals
* denotes a bill proposed by the Oregon State Bar

OSB Public Affairs Committee Leglislative Proposals
*HB 2057 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.
Governor signed

HB 2066 Technical court correction bill (provision clarifies that legal aid fees are not subject to 8% administrative fee for collections.)

Chapter 518, (2003 Laws): July 1, 2003. Governor signed 7/1/03
*HB 2759
(HB 2088)
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 2759)

Governor signed
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 investigator issue.

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.
Governor signed.
OSB Sections
Administrative Law
*HB 2526
(HB 2058)
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.
Governor signed.
Business Law
*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.
Consumer Law
*SB 25
Increase exemption from execution on a judgment on a car to the value of $3,000. Current exemption is $1,700.

*SB 26
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.

*SB 27
UTPA amendments – Gutted & Stuffed with AG’s “No Call” bill

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.
*HB 2060
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.
*HB 2061
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
Elder Law
*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
*SB 33
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
*SB 34
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.
*SB 36
Provide a procedure to ensure that updated information as to criminal activity is supplied each year by professional fiduciaries.

Bill unnecessary - withdrawn
*SB 37
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.
Estate Planning
*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.
*HB 2269
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.
*HB 2270
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.
Government Law
*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.
Taxation Law
*SB 232
(SB 40)
To the extent possible, align the definition of an independent contractor for Oregon purposes to that used for federal employment tax purposes.
(Section’s bill was merged into SB 232)

Chapter 704, 2003 Laws. Effective date, November 26, 2003. Governor signed. 8/22/03.
Workers’ Compensation
*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.
OSB Committees
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.
*HB 2087
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 signed.
*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 Practice amendment.

Chapter 260, 2003 Laws. Effective date 1/1/04. Governor signed.