Below are proposed legislative concepts for the Oregon State Bar Law Improvement Program for the 2021 Oregon legislative session. These proposals have been approved by the OSB Board of Governors for submission to the Oregon Legislature’s Legislative Counsel for drafting.
For any questions about these concepts and the OSB Law Improvement process, please contact the OSB Public Affairs Department at [email protected].
NONPROFIT LAW SECTION:
- Chapter 65 Updates – Update and clarify statutory language in ORS Chapter 65 which governs nonprofit organizations in Oregon. Statutory changes include allowing both members and directors to take action via email, clarifying the dissolution process if a quorum is no longer possible, and domestication of out-of-state nonprofit organizations.
- Clarify Eviction Process (statute related to possession following judicial execution sales) – Update and cross-reference ORS 18.946 to mirror Oregon Court of Appeals opinion in The Bank of New York Mellon v Lash, 301 Or App 658 (2020).
ESTATE PLANNING AND ADMINISTRATION SECTION:
- Estate Planning Changes
- Automatic revocation of power-of-attorney upon divorce – Create an automatic revocation of power-of-attorney upon divorce. Adds a new statute.
- Extend liability protection for tenants by the entirety with revocable trusts – Adopt a provision which extends liability protection for tenants by the entirety if a married couple transfers such real estate to a revocable trust. Modifies ORS 93.180.
- Finalize asset transfer to a revocable trust when transfer is incomplete – Allow a petition to be filed requesting a court order authorizing the transfer of assets from the settler’s name to the revocable trust when there is evidence of intent that the assets were intended to be held in the trust. Adds a new provision (possibly to ORS 130.245).
- Reduction of will retention timeline and allowing will retention to occur digitally – Reduces the will retention timeline from 40 to 20 years and allows wills to be retained in digital format. Modifies ORS 112.815 and 112.820.
- Maintaining separate state and federal QTIP elections for state and federal tax purposes – Clarify the statutory language to ensure that use of separate state and federal Qualified Terminal Interest Property (QTIP) elections to avoid double taxation. Modifies ORS 118.005, 118.010(3 and 10), OAR 150-118-000.
INDIAN LAW SECTION:
- Full Faith and Credit – Provides for state court enforcement of tribal orders and judgments.
MILITARY & VETERANS SECTION:
- Military and Veterans’ Preference
- Veterans’ Preference Statute – Expands period of time during which the veterans preference in public hiring statute is applicable to include periods immediately prior to discharge.
- Veterans’ Preference in Public Employment – Amends ORS 408.230(2) to make “preference point” synonymous with “percentage point.” This will remove the current ambiguity and ensure that every veteran or disabled
veteran receives the same level of preference regardless of the employer’s hiring process or scoring scale. This will also make the application of the preference easier for public employers.
COUNCIL ON COURT PROCEDURES:
- Suits Against Deceased Persons – Allows a personal representative to be substituted for a deceased person as the real party in interest if defendant dies within 60 days of an action being filed.
CONSUMER LAW SECTION:
- Inclusion of pro bono/access to justice factors for prevailing party fee applications– Require courts to include pro bono and access to justice factors when determining the amount of attorney fees to award to a prevailing party who was represented pro bono, including legal service organizations. Would amend ORS 20.075.
BOARD OF GOVERNORS:
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