2023 OSB Law Improvement Program Draft Proposals for Consideration

Below are proposed legislative concepts for the Oregon State Bar (OSB) Law Improvement Program for the 2023 Oregon legislative session. These proposals will be submitted to the OSB Board of Governors for consideration and approval. If approved, the concepts will be submitted to the Oregon Legislature for drafting by Legislative Counsel.

For any questions about these concepts and the OSB Law Improvement Program, please contact Susan Grabe at [email protected] and Amy Zubko at [email protected]. If you have any difficulty accessing the documents or any technical difficulties, please contact OSB Public Affairs at [email protected].

2023 Oregon State Bar Board of Governors Draft Legislative Proposals for Consideration:

2023 Oregon State Bar Law Section and Committee Draft Legislative Proposals for Consideration:

APPELLATE LAW SECTION:

  • Update to the Proof of Mail Requirement – Amend ORS 19.260(1)(a) to allow an appellant to take advantage of the mailing rule for filing notices of appeal in a manner that provides clear rules of litigants and reduces burdens on the appellate courts to accept first-class mail filings.

CONSUMER LAW SECTION:

DEBTOR/CREDITOR LAW SECTION:

      • Uniform Fraudulent Transfer Act (UFTA) – Adopt the amended language from the Uniform Law Commission found in the Uniform Voidable Transactions Act to update the Uniform Fraudulent Transfer Act. These amendments update the UFTA to:  (1) clarify that non-fraudulent transfers can still be covered hence voidable; (2) specify that creditors bear the burden of proof, except as to defenses; and (3) implement a predicable choice-of-law rule.

ELDER LAW SECTION:

  • Notary and Witness Requirements – Modernize the Declaration for Mental Health Treatment and Appointment of Person to Make Decisions Concerning Disposition of Remains to also allow for a notary or witnesses. This update will provide greater access to these critical tools for maintaining agency when one cannot speak for themselves.

ESTATE PLANNING AND ADMINISTRATION SECTION:

  • Unfunded Trust Process – Modify the current law to allow a petition to be filed requesting a court order authorizing the transfer of assets from the settlor’s name to the trust when there is evidence of intent that the assets be held in the trust, that there is a Will that names the trust as the sole beneficiary, and if creditors and DHS are not harmed.
  • Publication of Notice – Update the requirements for Publication of Notice for Interested Persons found in in ORS 113.115.

REAL ESTATE AND LAND USE:

  • Creation of Easements – In light of the decision in Partney v. Russell, 304 Or. App. 679, 469 P.3d 756 (2020), clarify that an easement may be created by a written instrument, such as a declaration, even if the landowner owns all the property covered.

 

Last updated: April 15, 2022