Below are proposed legislative concepts for the Oregon State Bar (OSB) Law Improvement Program for the 2021 Oregon legislative session. These proposals have been approved by the OSB Board of Governors and submitted to the Oregon Legislature for consideration.
For any questions about these concepts and the OSB Law Improvement process, please contact OSB Public Affairs at [email protected].
BOARD OF GOVERNORS:
- SB 768 – Oregon State Bar Act Omnibus Bill – Updates ORS Chapter 9 as follows:
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- to provide for Supreme Court review of Oregon State Bar bylaws,
- to create a board member removal process,
- to allow for a limited license,
- to clarify Client Security Fund immunity,
- to create an exception to unlawful practice of law statutes,
- to update custodianship process for attorneys,
- to allow for electronic voting by House of Delegate members,
- to amend ORS 731.036 to include Professional Liability Fund.
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- SB 180 – Payee notification – Requires notice to claimant of insurance settlement.
CONSUMER LAW SECTION:
- SB 181 – Pro bono/Access to Justice Attorney Fees – Includes pro bono and access to justice factors when determining the amount of attorney fees to award to a party who was represented pro bono, including legal service organizations.
DEBTOR/CREDITOR SECTION:
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- SB 829 – Post Judicial Foreclosure Evictions -Cross-references the eviction statutes in ORS 18.946 to reflect the decision in The Bank of New York Mellon v Lash, 301 Or App 658 (2020) and ensures that the changes made by the Legislature in 2009 are applied correctly.
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ESTATE PLANNING AND ADMINISTRATION SECTION:
- SB 182 – Estate Planning and Administration Omnibus Bill –
- Revokes power of attorney upon divorce,
- Finalizes asset transfer to a revocable trust when transfer is incomplete, and
- Reduces will retention timelines and allows them to be retained in a digital format.
INDIAN LAW SECTION:
- SB 183 – Full Faith and Credit – Provides for state court enforcement of tribal orders and judgments.
MILITARY & VETERANS SECTION:
- SB 184 – Military and Veterans’ Preference – Expands period of time during which the veterans preference in public hiring statute is applicable to include periods immediately prior to discharge. Removes and clarifies ambiguous language.
NONPROFIT LAW SECTION:
- SB 185 – Chapter 65 Updates – Updates and clarifies statutory language in ORS Chapter 65 which governs nonprofit organizations in Oregon.