patrick ehlers, portland theresa kohlhoff, portland …...timelines for the 2013 session, as...

OSB Legislative Priorities for 2013

The Oregon Legisla-

ture’s website (www.leg.state.or.us)

contains many useful

features, including com-

mittee schedules updated

every 15 minutes; com-

mittee rosters; informa-

tion about legislators; the

text of all measures, in-

cluding amendments

adopted in committee;

and the status of all

measures.

To find your legislators,

go to

www.leg.state.or.us/

findlegsltr and follow the

prompts.

OSB legislative propos-

als are available at

http://

os-

blip2013.homestead.com

/index.html

PUBLIC AFFAIRS DEPARTMENT

Susan Grabe,

Public Affairs Director

David Nebel,

Public Affairs Legislative Attorney

Matt Shields,

Public Affairs Staff Attorney

Amanda Roeser,

Public Affairs Assistant

I mproving the judicial branch budget will be

a focus of OSB legislative advocacy in

2013. Cuts over the last several biennia

have resulted in furlough days, decreased cleri-

cal staff with concomitant reduction in ability to

process cases, and a general reduction in service

to the public. The bar will advocate for:

An end to cuts to the current levels of ser-

vice;

Continued bonding for extension of the Ore-

gon eCourt program, and a general fund

appropriation for Oregon ecourt debt ser-

vice;

Funding for an additional three judge panel

on the Court of Appeals that was authorized

in the 2012 session;

Restoration of 62 positions statewide to

meet basic timelines in case disposition and

public safety;

Improvements in judicial compensation.

Information on the bar’s activities to secure bet-

ter court funding is available at

www.courtfunding.homestead.com/Court-

Funding.html

In addition, the bar will be advocating for in-

creased funding for legal services for low in-

come Oregonians, both in civil practice through

the legal aid network and in criminal cases

through the Public Defense Services Commis-

sion.

In terms of substantive law, the bar and its con-

stituent groups have proposed 16 law improve-

ment bills on a broad array of subjects. To re-

view these measures, go to

www.osblip2013.homestead.com/index.html.

The bar’s success in the 2013 session will, as

always, depend on the efforts and involvement

of its members.

Capitol Insider

2013 PUBLIC AFFAIRS COMMITTEE

Matthew Kehoe, Chair, Hillsboro

Hunter Emerick, Vice-Chair, Salem

Patrick Ehlers, Portland

Theresa Kohlhoff, Portland

Travis Prestwich, Salem

Joshua Ross, Portland

Timothy Williams, Bend

February 5, 2013 OSB Public Affairs Newsletter for Bar Leaders

Oregon Court Funding Coalition: Up and Running

The Oregon State Bar is organizing an ongoing

coalition to advocate for adequate funding for

Oregon’s state courts. The Oregon Court Fund-

ing Coalition will involve bar leaders, business

leaders, and business groups in the short term

effort to secure adequate funding for the courts

in 2013 and in a long term effort to protect the

judicial branch from crippling cuts in the future.

A bipartisan advisory group of state leaders has

signed on to the project, including Governors

Ted Kulongoski and Barbara Roberts, Dave

Frohnmayer, Jack Roberts, and Ron Saxton.

The coalition will recruit lawyers and their cli-

ents to communicate with legislators about court

funding issues, and will supply participants with

talking points and other supporting materials.

The coalition is planning an event at the Capitol

on May 1 with the objective of having as many

constituents as possible meet with their legisla-

tors in person to talk about the importance of

adequate support for the courts.

To view the most current materials on the coali-

tion, go to www.courtfunding.homestead.com/

Court-Funding.html. There you will also find a

form to use in signing up to participate.

http://www.leg.state.or.us

http://www.leg.state.or.us/findlegsltr


http://osblip2013.homestead.com/index.html




http://courtfunding.homestead.com/Court-Funding.html

http://courtfunding.homestead.com/Court-Funding.html


http://www.courtfunding.homestead.com/Court-Funding.html

http://www.courtfunding.homestead.com/Court-Funding.html

2

February 5, 2013 Capitol Insider

The task of balancing the state’s budget for the 2013-’15 bien-

nium may be unusually difficult in the 2013 session. In a depar-

ture from past practice, the governor’s budget relies on substan-

tive changes in politically sensitive areas—the Public Employees

Retirement System (PERS) and the state’s sentencing policies—

in order to generate savings to spend on high priority programs.

PERS reform is a priority for Republicans, but protection of

PERS benefits is very important to many Democrats, who count

on political support from public employee unions. The gover-

nor’s budget would adjust out-of-state benefits and cap cost-of-

living increases to gain system-wide savings and ensure the long-

term viability of public retirement benefits. Projected savings are

$865 million—$253 of which would be added to the budgets of

school districts.

Several policy options described in the report of the Commission

on Public Safety form the basis for a savings of $600 million in

corrections costs over the next decade. Those options involve

changing mandatory minimum prison sentenced approved by

voters, and such changes require two-thirds majorities in both the

House and the Senate. These policy options may run into opposi-

tion from many Republicans and some Democrats who have in

the past supported tough mandatory sentences.

Passage of the governor’s budget as proposed would require leg-

islators of both parties to vote against the interests of their tradi-

tional constituencies. Legislative leadership admits there is as yet

no “Plan B”.

To see more about the governor’s budget, go to

www.oregon.gov/gov/priorities/pages/budget.aspx. The report of

the Commission on Public safety is available at

www.oregon.gov/CJC/Documents/CPS%202012/

FinalCommissionReport12.17.12.pdf.

Committees Appointed for the 2013 Session

House Speaker-Elect Tina Kotek (D North

Portland) and Senate President-Elect Peter

Courtney (D Salem/ Gervais/ Woodburn)

have made committee appointments for the

2013 session. A full list of all committee

appointments is available at

www.leg.state.or.us. With some excep-

tions, committees are chaired by Democ-

rats and have Democratic majorities, since

Democrats took control of both chambers

in the November elections. Several com-

mittees are of special interest to lawyers,

including the Judiciary Committees in both

chambers, the Joint Ways and Means

Committee and its Public Safety Subcom-

mittee, and the Joint Committee on Public

Safety.

All members of the House Judiciary Com-

mittee have substantial experience with the

committee from prior sessions. Retired

police officer Jeff Barker (D Aloha) re-

turns as chair, joined by co-chairs Wayne

Krieger (R Gold Beach), another retired

police officer, and Chris Garrett (D Lake

Oswego), an attorney in private practice in

Portland. Brent Barton (D Oregon City),

also a lawyer in private practice, returns to

the committee after a two year hiatus from

the legislature. Kevin Cameron (R Salem)

also returns to the committee after a two

year absence; he previously served on Ju-

diciary in the 2007 and 2009 sessions.

Wally Hicks (R Grants Pass), a former

prosecutor and current private practitioner,

and Carolyn Tomei (D Milwaukie) were re

-appointed after service on the committee

in 2011, as was another former police offi-

cer, Andy Olson (R Albany), who has

served on the committee in each session

since 2005. Attorney Jennifer Williamson

(D SW Portland) rounds out the commit-

tee; although a freshman in the legislature,

she has had substantial experience with the

committee as a lobbyist in the past few

sessions.

The Senate Judiciary Committee, on the

other hand, features only one lawyer and

less overall experience with the committee.

The lawyer is chair Floyd Prozanski (D

Parts of Lane and Douglas Counties), a

municipal prosecutor, who has served on

the Judiciary Committee, first in the House

and later in the Senate since 1995. The

vice chair will be Betsy Close (R Albany),

a former House member from 1999

through 2003, who was appointed to com-

plete the term of Frank Morse, who re-

signed last year. Sen. Close has not previ-

ously served on a judiciary committee.

Both Jeff Kruse (R Roseburg) and Jackie

Dingfelder (D Portland) have served on the

Senate Judiciary Committee for two ses-

sions; both were on the committee in 2011.

Completing the committee is former Co-

Speaker Arnie Roblan (D Coos Bay), a

newcomer to both the Senate and to the

Judiciary Committee.

The leadership of the Joint Ways and

Means Committee, which writes the state’s

biennial budget, has changed in one sig-

nificant respect: with Democratic control,

attorney Dennis Richardson (R Central

Point) has lost his position as House Co-

Chair. The former Democratic House Co-

Chair, Peter Buckley (D Ashland), as-

sumes the House Co-Chair post by him-

self. On the Senate side, Co-Chair Richard

Devlin (D Tualatin) maintains his position.

(Continued on page 3)

Governor’s Budget a Challenge for Legislators

http://www.oregon.gov/gov/priorities/pages/budget.aspx

http://www.oregon.gov/CJC/Documents/CPS%202012/FinalCommissionReport12.17.12.pdf

http://www.oregon.gov/CJC/Documents/CPS%202012/FinalCommissionReport12.17.12.pdf


3

February 5, 2013 Capitol Insider

Legislative Schedule for 2013

Legislative leadership has published a proposed set of events and

timelines for the 2013 session, as follows.

January 14-16: Legislature meets for swearing in ceremo-

nies, election of officers, bill introductions and other organ-

izational tasks.

January 18: Deadline for members to request Legislative

Counsel to draft bills.

February 4: Session begins. Committees meetings and floor

sessions begin and the 160 day time limit starts to run.

February 15: State Economist presents February Economic

and Revenue Forecast.

February 18: Deadline for Legislative Counsel to return bill

drafts to those who requested them.

February 21: Deadline for bill filing.

April 8: Deadline for policy committees in the originating

chamber to schedule work sessions on bills in committee.

The “originating chamber” is the side of the legislature in

which a bill is initially filed, e.g., the House of Representa-

tives is the originating chamber for house bills. A work ses-

sion is a meeting at which a committee determines the con-

tents of a bill to be moved out of the committee. “Policy

committees” do not include the House and Senate Revenue

Committees, the House and Senate Rules Committees, and

the Joint Committee on Ways and Means – all of which re-

main open until adjournment.

April 18: Deadline for originating chamber policy commit-

tees to move bills out of committee. Bills still in policy com-

mittees in the chamber of origin are “dead”.

May 16: May Economic and Revenue Forecast – the forecast

on which the 2013-15 budget will be based.

May 20: Deadline for scheduling work sessions in second

chamber policy committees.

May 31: Deadline for second chamber policy committees to

move bills out of committee. Policy committees close.

June 28: Sine die (adjournment) target date.

July 13: The 160 day constitutional time limit for the session

expires. The legislature must adjourn by this date, unless

both chambers vote by a two-thirds majority to extend the

session by five days. Multiple extensions are possible. If the

legislature adjourns without completing the budget, the gov-

ernor will call it back into special session, for which there is

no time limit.

The make-up of the Ways and Means Sub-

committee on Public Safety is interesting

for two reasons: the Senate Co-Chair is a

Republican, Jackie Winters (Salem), and

the House Co-Chair is freshman Jennifer

Williamson. Sen. Winters is joined by Sen.

Devlin and Doug Whitsett (R Klamath

Falls), who served on the subcommittee in

2011. The other House members are Rep.

Barker and former Co-Speaker Bruce

Hanna (R Roseburg), both of whom have

previous experience on the subcommittee.

The Joint Committee on Public Safety

grows out of the interim Commission on

Public Safety that developed various pol-

icy options for sentencing reform to place

before the 2013 legislature. Fittingly, the

co-chairs from each chamber are the legis-

lators who served on the commission:

Sens. Winters and Prozanski and Reps.

Garrett and Olson. Sens. Roblan and Close

are the other Senate members, and Reps.

Barker, Hicks, Krieger and Greg Matthews

(D Gresham), a firefighter, are the remain-

ing House members. Worth noting is that

four of the six House members have had

direct experience in law enforcement.

(Continued from page 2)

All Bills Are Available Online

The Oregon Legisla-









cluding amendments



measures. The Oregon

Legislative Information

System within the web-

site includes all written

materials submitted to

committees.


go to



prompts.


Susan Grabe,


David Nebel,


Matt Shields,


Amanda Roeser,


A ll bills introduced and all amendments adopted in committee during the 2013 Session are

available at the Oregon Legislature’s website at www.leg.state.or.us/bills_laws/.

Capitol Insider









March 1, 2013 OSB Public Affairs Newsletter for Bar Leaders

March Revenue Forecast: Short Term OK, Long Term

Guarded

The Office of Economic Analysis delivered its

March 2013 forecast on February 15, and the

news was mildly encouraging. The forecast for

general fund revenues in the current biennium,

which ends on June 30, 2013, was up $161.2

million from the forecast issued in November

2012. The projected figure of $14.105 billion is

actually $97 million more than the figure on

which the biennial budget was based when it

was enacted in June 2011. Total general fund

and lottery revenues for the current biennium are

$15.185 billion.

The outlook for the next biennium (July 1, 2013

- June 30, 2015) is not as positive. Revenues are

projected to be $72 million less than predicted in

November. The prediction for the general fund

is $15.445 billion - an increase of 9.4 percent

from the current biennium, but less than needed

to maintain services at current levels.

The bottom line is that the state will likely be

spared the short term difficult budget decisions

that have characterized the last few sessions, but

balancing the long term budget will be a chal-

lenge. To view the Economic and Revenue Fore-

cast, go to www.oregon.gov/DAS/OEA/pages/

economic.aspx#most_recent_forecast.

Bills of Interest under Consideration

Many veterans in the Capitol have been sur-

prised by the speed with which the legislature

has been doing its work. By the close of the third

week of the session, the legislature had con-

ducted hearings on 15 of the bar’s 16 bills. In

addition, the legislature has already begun to

consider a number of other bills in which law-

yers may be interested.

HB 2559 modifies the statutes regarding the

establishment, modification, and termina-

tion of spousal support.

SB 483 arose from the interim Patient

Safety and Defensive Medicine Workgroup.

The bill would establish a voluntary system

for resolving claims based on medical er-

rors, relying on alternative dispute resolu-

tion procedures before resorting to standard

tort remedies and procedures. SB 483 has

passed out of Senate Judiciary and Ways

and Means, and seems to be on a fast track.

SB 421 and SB 426 would modify mental

commitment proceedings to allow for





http://www.leg.state.or.us/bills_laws/

http://www.oregon.gov/DAS/OEA/pages/economic.aspx#most_recent_forecast

http://www.oregon.gov/DAS/OEA/pages/economic.aspx#most_recent_forecast

2

March 1, 2013 Capitol Insider

longer commitments for criminal defendants who are unable

to aid in their own defense. These bills were heard in the

Senate Judiciary Committee on February 19, and the issue

was referred to a workgroup for further consideration.

SB 558 may be this session’s vehicle for further work on

foreclosure procedures. At least it is the first foreclosure

avoidance bill the legislature considered in earnest. A public

hearing in the Senate General Government, Consumer and

Small Business Protection Committee was held on February

27.

The Senate Judiciary Committee is considering exemptions

from execution in SB 396. This bill, as filed, creates a new

exemption for medical savings accounts; the committee is

considering an amendment that would allow debtors to

choose between state exemptions and the exemptions pro-

vided in the Federal Bankruptcy Act. Another amendment in

this bill would substantially increase the homestead exemp-

tion.

The policy options outlined by the interim Commission on

Public Safety have been released as HB 3193, HB 3194, HB

3195, HB 3196, and HB 3197. Hearings have not been

scheduled, but these bills are of keen interest to anyone in-

volved in criminal justice, sentencing, corrections, and more

broadly in state budget priorities.


Oregon eCourt Implementation in Progress

The Oregon Judicial Department (OJD)

continues early implementation of the Ore-

gon eCourt program, while addressing a

number of issues that have arisen during

the process.

Yamhill County Circuit Court is the initial

eCourt pilot court, and has been using the

new system since last fall. Files for most

newly introduced cases are now being

maintained in an electronic form; clerks

immediately convert paper filings to the

electronic format upon filing. Files from

older cases will continue to be maintained

in paper form, and electronic conversion is

unlikely for cases that are already closed.

In the past week several selected pilot law

firms have begun helping OJD test the new

eFiling system, which will allow lawyers

to file by internet from their offices. OJD

anticipates that this pilot eFiling stage will

continue for several months before the

system becomes more widely available.

Linn, Crook, and Jefferson Counties have

also begun the eCourt implementation,

although they are not as far along as Yam-

hill County. Jackson County will go live

with eCourt during March.

While implementation is rolling along, a

number of details are still being worked

out between the OJD, the vendor, the bar,

and other interested parties. One important

detail is exactly what case information will

be available to different types of users re-

motely once the new system is fully imple-

mented. While an ideal system would

make the entire case file available online to

all users, security concerns and federal

restrictions will require that some sensitive

information remain accessible only in per-

son at the courthouse. In addition, some

technical problems have impeded non-

court parties in searching court data for

filings and other information. OJD is ad-

dressing these issues, but full resolution

may take some time.

New counties should be coming online

throughout the next two years, likely at an

ever increasing rate as the implementation

process becomes more streamlined. OJD

has reported that the more recent imple-

mentations are already going more quickly

than in Yamhill county, as the department

is able to make changes based on lessons

learned during the first implementation.

Oregon Law Commission Legislative Agenda

The Oregon Law Commission has introduced a number of law

improvement bills in the 2013 session. These bills have been de-

veloped by work groups of practitioners and interested parties,

and generally reflect the work groups’ strong consensus. They

include the following:

SB 592: Technical revisions of the Uniform Trust Code.

SB 622: Amendments to statutes governing juvenile court

proceedings, including provisions defining when the record

and the file are subject to disclosure and designating who can

obtain copies.

SB 623: An omnibus bill dealing with procedure in adoption

proceedings.

HB 2833: Uniform Unsworn Foreign Depositions Act.

HB 2834: Revised Uniform Law on Notarial Acts.

HB 2836: Establishes standards for determining a youth’s

fitness to proceed in a delinquency hearing.

The Commission has also filed two measures dealing with selec-

tion of appellate judges, HB 3182 and HJR X, but will probably

not proceed with them due to the significance of the issues raised,

the lack of strong consensus within the work group that proposed

them, and the relative lateness in the session to begin work on

such a controversial set of issues.

In 2012, the Commission proposed, and the legislature enacted,

HB 4035 - an update to the Uniform Commercial Code Article 9

(ORS Chapter 79). The Oregon Bankers Association (OBA) dis-

sented from the work group on the way the bill treats issues re-

garding the name of the debtor listed on financial statements. The

OBA has filed HB 2600 to alter how that issue is resolved.

Bar and Citizens’ Campaign for Court Funding Plan

May 1 Day at the Capitol

The Oregon Legisla-









cluding amendments



measures. The Oregon

Legislative Information

System within the web-

site includes all written

materials submitted to

committees.


go to



prompts.


Susan Grabe,


David Nebel,


Matt Shields,


Amanda Roeser,


Capitol Insider









April 1, 2013 OSB Public Affairs Newsletter for Bar Leaders

The Oregon State Bar and the Citizens’ Cam-

paign for Court Funding will be holding a Day at

the Capitol on Monday, May 1. A day for law-

yers and concerned members of the community

to talk with their legislators about bar priorities,

including adequate funding for the courts, legal

services and indigent defense. More information

will be forthcoming on the Public Affairs De-

partment homepage at www.osbar.org/

pubaffairs. To register for this event please e-

mail [email protected].

Ways and Means Considers Judicial Department Budget

The Public Safety Subcommittee of the Joint

Committee on Ways and Means conducted three

days of hearings on March 18-20 on the Oregon

Judicial Department (OJD) budget bill, HB

5016. The ultimate resolution of the OJD budget

must await the release of the May revenue fore-

cast and legislative action on other budgets and

substantive issues, including PERS reform and

potential changes in the public safety system.

Chief Justice Tom Balmer presented the outlines

of the budget, including the following additions

(“policy option packages”) not included in the

Governor’s Recommended Budget:

Continuing the investment in Oregon

eCourt technology.

Implementing the expansion of the Court of

Appeals from 10 to 13 judgeships.

Securing adequate resources so Oregon

courts can be open five days a week and

meet critical services measures.

Addressing judicial compensation.

Restoring family law resources and state-

wide availability of pro se service centers.

Restoring and preserving statewide avail-

ability of treatment court docket programs.

Supporting a long-term state court facility

and security improvement plan.

The total of general fund costs for these addi-

tions is$35.8 million.

The OJD budget also includes appropriations for

the Oregon Law Commission, the Council on

Court Procedures and law libraries.




https://www.osbar.org/pubaffairs

https://www.osbar.org/pubaffairs

mailto:[email protected]?subject=May%201%20Day%20at%20the%20Capitol

2

April 1, 2013 Capitol Insider

Major Bills Move through the Process

The governor has signed two bills of substantial significance.

HB 2800 authorizes bond financing up to $450 million

for a new I-5 bridge over the Columbia. The funding is

contingent on funding commitments from the State of

Washington and the federal Department of Transportat-

ion.

SB 483 is the product of the interim Patient Safety and

Defensive Medicine Task Force, and passed with the

approval of both the Oregon Medical Association and

the Oregon Trial Lawyers Association. The bill estab-

lishes a voluntary system of dealing with “adverse

health incidents,” in which the injured patient and the

provider meet informally to discuss the situation and at

tempt to resolve any outstanding issues. If that process

does not result in resolution, the parties may move on to

mediation. If mediation is unsuccessful, the injured

party maintains a full right to sue.

In addition, the legislature has passed and sent to the governor

HB 2787, a bill to grant in state college tuition to Oregon high

school graduates independent of their immigration status.

SB 396 creates an exemption from execu-

tion for health savings accounts. Hearing

held in Senate Judiciary on February 18.

SB 463 requires the Criminal Justice Com-

mission to create, at a legislator’s request,

a racial and ethnic impact statement for

proposed legislation. Public hearing held

in Senate Judiciary on March 14.

SB 558 is a comprehensive foreclosure

mediation bill, applying a mediation re-

quirement to both judicial and non-judicial

foreclosures. Work session scheduled in

Senate General Government, Consumer

and Small Business Protection for April 3.

SB 686 and HB 3160 would both move the

insurance industry into the ambit of the

Unlawful Trade Practices Act. Hearing

held in the Senate General Government,

Consumer and Small Business Protection

on SB 868 on March 15; HB 3160 had a

work session in House Consumer Protec-

tion and Government Efficiency on March

26.

HB 2205 is a vehicle for the Elder Abuse

Task Force. Amendment will include a

provision making attorneys mandatory

elder abuse reporters.

HB 2433 reduces the extent to which a

court can take a parent’s disability into

account in determining custody and parent-

ing time. Passed the House, in Senate Judi-

ciary.

HB 2548 would re-establish a commercial

bail system. Public hearing in House Judi-

ciary on March 26.

HB 2559 would impose guidelines for the

establishment, modification and termina-

tion of spousal support. Hearing held in

House Judiciary on February 12; informal

work group is working on amendments.

HB 2563 would increase judicial salaries

in as yet undetermined amounts. Passed

out of House Judiciary to Ways and Means

on March 7.

HB 2826 regulates the practice of debt

buyers. Public Hearing in House Con-

sumer Protection and Government Effi-

ciency on March 28.

HB 3126 authorizes the State Treasurer to

issue general obligation bonds to finance

construction and improvement of court-

houses. The bond proceeds would be used

to match local funds for courthouse up-

grades. Passed out of House Judiciary to

Ways and Means on March 22.

HB 3174 allows people declaring bank-

ruptcy to claim either federal or state ex-

emption. Public Hearing in House Con-

sumer Protection and Government Effi-

ciency on March 28.

HB 3194 and HB 3195 would implement

different policy option packages in crimi-

nal sentencing in the report of the Com-

mission on Public Safety. HB 3194 would

provide broader judicial discretion in sen-

tencing certain Measure 11 offenses. In the

Joint Committee on Public Safety.

HB 3249 increases grandparents’ rights in

juvenile court proceedings. Work session

scheduled in House Judiciary for April 2.

Bills of interest

3

April 1, 2013 Capitol Insider

Status of Oregon State Bar sponsored bills

The bar has sponsored 17 bills in the 2013 session. The following

is a brief description of these bills and their current status. The

full text and history of all bills introduced in the session is avail-

able at www.leg.state.or.us/bills_laws/.

SB 52: (Administrative Law Section) Establishes protocols

for maintenance of final agency orders for posting on Fast-

case. Moved from Senate Judiciary to floor on March 28.

SB 53: (Animal Law Section) Clarifies that police may enter

property to investigate possible animal distress. Public hear-

ing in Senate Judiciary on February 6; further action

unlikely.

SB 54: (Estate Planning and Administration Section) Deals

with “digital property” in estate administration. Public hear-

ing in Senate Judiciary on February 11; negotiations with

technology industry ongoing; work session scheduled for

April 4.

SB 55: (Committee on Uniform Criminal Jury Instructions)

Change to criminal jury instruction to conform statute to case

law. Passed both chambers; on its way to Governor for sig-

nature.

SB 124: (Lawyers for Veterans Steering Committee) Allows

court on sentencing to consider defendant’s status as a ser-

vicemember in determining aggravation or mitigation.

Passed Senate March 11; in House Committee on Veterans

and Emergency Preparedness with a subsequent referral to

Judiciary.

SB 125: (Lawyers for Veterans Steering Committee) Re-

quires state agencies to provide notice to active duty service-

members of the right to stay proceedings. Passed out of Sen-

ate Committee on Veterans and Emergency Preparedness to

Senate Judiciary; hearing and possible work session sched-

uled for April 3.

HB 2565: (Board of Governors) Technical amendments to

the bar act. Governor signed March 11.

HB 2566: (Business Law Section) Authorizes corporate offi-

cers to award equity compensation. Passed House February

22; in Senate Business and Transportation.

HB 2567: (Business Law Section) Authorizes corporations to

conduct shareholder meetings by remote communications.

Passed House March 20.

HB 2568: (Debtor-Creditor Section) Clarifies procedure for

amended notices of sale in non-judicial foreclosure proceed-

ings. Passed House March 20; in Senate Committee on Gen-

eral Government, Consumer and Small Business Protection.

HB 2569: (Debtor-Creditor Section) Authorizes law firm to

be designated trustees in non-judicial foreclosure proceed-

ings. Passed House March 20.

HB 2570: (Elder Law Section) Clarifies procedure and fac-

tors to be considered in awards of attorney fees in protective

proceedings. Passed House March 6; in Senate Judiciary.

HB 2571: (Family Law Section) Housekeeping amendments

to domestic relations statutes. Passed House February 20; in

Senate Judiciary.

HB 2572: (Family Law Section) Allows awards of attorney

fees in domestic relations proceedings relating to life insur-

ance. Passed House February 20; in Senate Judiciary.

HB 2573: (Board of Governors) Makes unlawful practice of

law by an immigration consultant a violation of the Unlawful

Trade Practices Act. Passed House February 28; in Senate

Judiciary.

HB 2608: (Board of Governors) Applies interest on some

escrow accounts to fund legal services. Public hearing in

House Business and Labor March 15.

HB 3350: (Board of Governors) Creates tax credit for contri-

butions to Campaign for Equal Justice. Passed House Judici-

ary March 22; in House Revenue.


Tax Increases Blocked; Stage Set for Negotiations

OLIS The legislature

unveiled a new, valu-

able tool in 2013: the

Oregon Legislative

Information System

(OLIS). The OLIS por-

tal is on the legisla-

ture’s homepage at


index.html. OLIS con-

tains extensive infor-

mation on committee

consideration of meas-

ures, including all

written testimony and

amendments under

consideration, as well

as the current text of

the bills and their

status.


Susan Grabe,


David Nebel,


Matt Shields,


Amanda Roeser,










May 7, 2013 OSB Public Affairs Newsletter for Bar Leaders

B oth the Governor’s budget for the 2013-

15 biennium and the Co-Chairs of the

Joint Ways and Means Committee’s

budget rely on a number of components to reach

balance. These include increased taxes, savings

from the reform of the Public Employees Retire-

ment System (PERS), and savings from public

safety reforms brought forward by the Commis-

sion on Public Safety at the beginning of the

session. Each of these issues is fraught with par-

tisan politics. The defeat on April 24 of most of

the Democrats’ tax proposals in HB 2456 brings

these issues to a head. How they are resolved

will affect the budgets of virtually all state agen-

cies, including justice system agencies and the

judicial branch.

The Democrats’ version of HB 2456 would have

raised $275 million by increasing taxes on upper

income individuals and businesses, and needed a

three-fifths majority to pass. The 34 Democrat /

26 Republican split in the chamber held; De-

mocrats were unable to garner two Republican

votes for passage. The House went on to pass

unanimously a severely scaled back bill—HB

2456A—which will raise roughly $20 million by

eliminating an off-shore tax loophole for some

businesses. HB 2456 now heads to the Senate,

where the Democrat’s majority is slimmer.

Later on the same day the House passed SB 822,

the PERS reform bill that Republicans opposed

because it does not cut enough. The bill cuts

$460 million over the next two years and post-

pones payment of $350 million until next bien-

nium. SB 822 goes directly to the Governor,

who has said he will sign it.

The budget negotiations going forward will be

complicated. The governor will likely play a

more central role. As long as they stick together,

Republicans can defeat revenue raising measures

in either chamber, and can also defeat proposals

to reduce voter passed sentencing guidelines

which require a two-thirds majority for passage.

A negotiated “grand bargain” combining further

PERS reductions, increased taxes and sentencing

reform is one possibility; another is a meager

state budget that results from failure in partisan

negotiations.

What follows is a list of bills that may be of interest to Bar Members. The status changes quickly,

but should be current through April 30. The full current text of all bills and updated bill status are

available at www.leg.state.or.us/bills_laws/.

HB 2205: Makes lawyers mandatory reporters of elder abuse. Passed House; in Senate Judiciary.

HB 2533: Authorizes awards of attorney fees in tax magistrate’s court. In House Revenue.

HB 2548: Establishes commercial bail system. Dead.

HB 2559: Modifies law regarding spousal support. Dead.

HB 2563: Modifies judicial salaries in unspecified amounts. In Ways and Means.

HB 2600: Modifies requirements for naming the debtor in UCC Article 9 filings. Dead.


Bills of Interest Update

http://www.leg.state.or.us/index.html

http://www.leg.state.or.us/index.html


2

May 7, 2013 Capitol Insider

HB 2608: Requires interest on some escrow accounts to support legal services. Work group expected.

HB 2662: Allows local government to keep up neglected property and impose a lien for reasonable costs. Passed House.

HB 2671: Creates State Office of Public Guardian and Conservator. In Ways and Means.

HB 2822: Requires publication of information about execution sales of real property by internet posting and in newspapers; requires

sheriffs to maintain a website for posting certain notices. Passed House.

HB 2826: Regulates debt buyers. In House Rules.

HB 3126: Authorizes issuance of bonds to finance courthouse construction and improvements. In Ways and Means.

HB 3129: Requires certification of professional fiduciaries and creates a work group to review professional fiduciary practices. In

Ways and Means.

HB 3160: Includes insurance in services subject to the Unlawful Trade Practices Act. Passed House; in Senate General Government.

HB 3174: Allows a debtor to choose federal or state exemptions in bankruptcy proceedings. In House Rules.

HB 3249: Broadens rights of grandparents in juvenile dependency hearings. In Ways and Means.

HB 3520: Similar to HB 3174, but with language specifically limiting application to bankruptcy proceedings.

SB 54: Provides procedure for dealing with digital assets in estate administration. Dead; interim work group possible.

SB 90: Modifies certification system for shorthand reporters. Passed Senate.

SB 396: Exempts medical and health savings accounts from execution. Passed Senate.

SB 558: Requires mediation in both judicial and non-judicial foreclosures, with exceptions. Passed Senate; in House Consumer Pro-

tection and General Government.

SB 592: Technical revisions of the Uniform Trust Code. Passed Senate.

SB 622: Clarifies who has access to court records in juvenile proceedings. Passed Senate.

SB 623: Clarifies who has access to court records in adoption proceedings. Passed Senate.

SB 635: Requires shorthand reporter for aggravated murder trials. In Ways and Means.


Next Deadlines Loom: May 20 and May 31

As the bill status list above shows, a number of bills are “dead” -

they did not emerge from the originating chamber committee by

an April 18 deadline. Exceptions are the bills that are in the origi-

nating chambers’ rules or revenue committees or in the Joint

Ways and Means Committee.

What is the next set of deadlines? Again, with the exceptions

noted above, bills in the second chamber (i.e., senate bills in the

house and vise-versa) must be posted for work session by Mon-

day, May 20. (A work session is a meeting at which a committee

takes action to amend or pass the bill out of committee or both.)

After that, committees must vote such bills out of committee by

Friday, May 31. In other words, if by May 31 a bill is not on its

way to a floor vote, in the senate or house rules or revenue com-

mittees or in Joint Ways and Means, the bill is dead.

In this context “dead” needs some qualification. Proponents of a

dead bill may look for another bill into which the dead bill’s pro-

visions may be amended. The only limit on this process is that

the dead bill’s subject must “relate to” the same subject as the

original bill. In this sense, no bill is ever truly “dead” until the

legislature adjourns.

Bar Holds Day at the Capitol

The bar held its biennial Day at the Capitol on May 1, at which bar members met with their

legislators to discuss issues facing the justice system. Activities were focused on the bar’s pri-

orities: adequate funding for the courts, indigent defense and legal services. The event feasted a

noon presentation from Chief Justice Tom Balmer, bar president Mike Haglund, and a half

dozen supportive legislators.

Over 50 lawyers from around the state participated and participants met with over 53 legislators

or their staff. Joining the bar in this effort was the Citizens’ Campaign for Court Funding, an

advocacy organization of state leaders, business leaders and bar leaders that advocates for ade-

quately funded courts in Oregon.

Revenue Forecast: Up for a Change

End of Session

Comes into View. All

committees except the

House and Senate

Rules Committees,

House and Senate

Revenue Committees

and the Joint Ways and

Means Committee will

close on or before May

31. At the beginning of

the session leadership

established June 28 at

the target date for ad-

journment; the consti-

tutional time limit for

the session requires

adjournment by July

13.

Oregon eCourt roll-

out continues. For

further information, go

to www.osbpublicaffairs.ho

mestead.com/files/

May13OJDWebNotice-

FileServev10ed.pdf


Susan Grabe,


David Nebel,


Matt Shields,


Amanda Roeser,










May 24, 2013 OSB Public Affairs Newsletter for Bar Leaders

L egislators received welcome news from

the state economist on May 16: the pro-

jected revenue for both the current bien-

nium and the next biennium were up roughly

one percent. The increase in this budget cycle

was fueled by robust tax collections in April and

the continued, if slow, recovery from the reces-

sion.

For the biennium that ends on June 30, 2013,

this means an increase of $126.2 million over

the last forecast and an increase totaling $223.3

million over the “close of session” forecast on

which the budget was based. In fact, the forecast

is good enough that both the corporate and per-

sonal income tax kickers may come into play.

The economists expect corporate tax collections

to exceed the kicker threshold, which will result

in kicker payments of $20.3 million. (The corpo-

rate kicker ballot measure that was passed in

2012 does not take effect until the next bien-

nium.) The personal income tax kicker is possi-

ble, but unlikely.

The economists forecast general fund net reve-

nue of $15.485 billion for the 2013-15 biennium,

which begins on July 1, 2013, representing an

8.8 percent increase over the current biennium.

This figure is significant, because it will be the

number on which the budget will be based. It is

also the number on which the next biennium

kicker will be calculated: if revenue exceeds this

sum by two percent or more, the entire amount

in excess will be returned to taxpayers. The

economist referred to the possibility that this

forecast underestimates the strength of the eco-

nomic recovery as an “upside risk.”

The changes to the current biennial figures will

allow the state to carryover $115.1 million into

the next biennium. Including this carryover, the

state should have $271.5 million more in the

next biennium than previously forecasted in

March.

Before the release of the revenue forecast on May 16, resolution of the budget issues seemed to

require some combination of increased revenue and additional savings from the PERS system. The

Governor had released such a proposed package on May 15, and asked the leaders of the legislative

caucuses to respond by the end of the next day.

To some extent, the strength of the revenue forecast took the pressure off the legislature to raise

revenue or to make cuts to generate savings, because the unexpected $271 million increase is close

to what the Ways and means Co-Chairs need to make the budget work. Republicans insist that they

are willing to continue talks about tax increases and PERS. Meanwhile, the Governor and the Co-

Chairs are developing a budget based on the assumption that no new revenue or savings will be-

come available.

Even if negotiations go nowhere, the Democrats must still get some Republican support in the Sen-

ate for the budget to pencil out. HB 2216 renews a hospital tax that was originally passed in 2003

and has been re-passed without much debate each session since then. The hospital tax would raise


Budget Negotiations: Work in Progress

http://www.osbpublicaffairs.homestead.com/files/May13OJDWebNoticeFileServev10ed.pdf




2


$800 million during the next biennium, which would then generate $1.3 billion in Medicaid matching funds from the federal govern-

ment. If HB 2216 fails to pass, Oregon loses these matching funds, as well as the income from the tax itself. This bill passed the

House with Republican support, but some think the Senate Republican caucus may view it as a bargaining chip in gaining further

PERS reductions.


Expenses that One Lobbyist Incurs in Lobbying Another:

Reporting Required?

Professional lobbyists are required to reg-

ister with the Oregon Government Ethics

Commission (OGEC) and to report lobby-

ing expenditures on a quarterly basis. Ex-

penditures have been understood to include

money expended for lobbying government

officials, such as money spent on taking a

legislator to lunch.

Lobbying is a collegial pursuit in which

lobbyists representing different clients

cooperate to advocate for or against bills in

which the clients’ interests may be similar.

Recently, the OGEC issued a staff opinion

stating that expenses incurred by a regis-

tered lobbyist when lobbying another lob-

byist must be reported on the quarterly

reports. In addition, the opinion would also

require the lobbyists’ employers to report

expenses that they incur when discussing

lobbying matters with their own lobbyist.

This opinion took the lobby by surprise, to

say the least: until now, no one had consid-

ered such expenses reportable. The House

Rules Committee has introduced HB 3528,

which would restore the reporting require-

ments to what has always been standard

practice. The committee held a public

hearing on May 20, but the future of the

bill is unclear.

Multnomah County Trial Court Administrator, Doug Bray, Honored

Doug Bray, trial court administrator for Multnomah County, has

received the National Center for State Courts (NCSC) 2012 Dis-

tinguished Service Award, one of the highest awards the NCSC

bestows. The award is presented annually to persons who have

made significant contributions to the justice system and who have

supported the mission of the NCSC, that is, to improve the ad-

ministration of justice through leadership and service to state

courts. Justice David Brewer, an NCSC board member, will pre-

sent the award to Mr. Bray at a Multnomah Bar Association event

on May 28.

Mr. Bray has worked for the judicial branch since 1971, and has

been the Multnomah County trial court administrator since 1991.

He has both a J.D. and an MBA from Willamette University. Mr.

Bray has been an active part of many court-improvement initia-

tives, most recently including active involvement in the state

wide rollout of the Oregon eCourt program.

Bar Legislation Update

Most of the bills introduced at the Bar’s request have made their

way through the legislative process. All bills are available at

www.leg.state.or.us/bills_laws.

SB 52 (Administrative Law Section) requires state agencies, with

certain exceptions, to maintain final agency orders in contested

cases in simple digital format and to forward orders upon request

to the Bar for posting on the Bar’s legal research data base, Fast-

case. Governor signed; effective January 1, 2014.

SB 53 (Animal Law Section) would have allowed peace officers,

as part of their community caretaking function, to enter and re-

main on private property if necessary to prevent harm to animals.

Dead.

SB 54 (Estate Planning and Administration Section) would have

provided for administration of “digital assets” in estate admini-

stration. Dead; however the Uniform Laws Commission is devel-

oping uniform legislation, which could lead to an interim work

group.

SB 55 (Uniform Criminal Jury Instructions Committee) resolves

a conflict between a statute and a 1961 Supreme Court ruling.

Governor signed; effective January 1, 2014.

SB 124 (Military and Veterans Law Section) allows a court to

consider a defendant’s status as a servicemember in determining

sentence mitigation. Passed House and returned to Senate for

concurrence with House amendments; effective on Governor’s

signature.

SB 125 (Military and Veterans Law Section) requires administra-

tive agencies to comply with the notice requirements of the fed-

eral Servicemembers Civil Relief Act. Awaiting Governors sig-

nature; effective September 1, 2013.


http://www.leg.state.or.us/bills_laws

3


HB 2565 (Board of Governors) is a Bar housekeeping bill that

does three things:

1. Gives priority to claims for compensation and expenses of a

law-practice custodian;

2. Aligns the due dates for member compliance; and

3. Allows the Bar to provide delinquency notices by e-mail.

Governor signed; effective March 11, 2013.

HB 2566 (Business Law Section) allows a corporation’s board of

directors to delegate to a corporate officer the authority to make

equity awards to employees. Governor signed; effective January

1, 2014.

HB 2567 (Business Law Section) allows corporations to conduct

remote-only shareholder meetings and non-profit corporations to

conduct remote-only membership meetings, such as meetings by

webcast without a physical location. Awaiting Governor’s signa-

ture; effective January 1, 2014.

HB 2568 (Debtor-Creditor Section) clarifies the procedure for

amending a notice of sale in a trust deed foreclosure after a re-

lease from a stay of proceedings. Governor signed; effective

January 1, 2014.

HB 2569 (Debtor-Creditor Section) allows a law firm to be des-

ignated as trustee in trust deed foreclosures. Governor signed;

effective January 1, 2014.

HB 2570 (Elder Law Section) clarifies the procedures and the

factors a court considers in awarding attorney fees in protective

proceedings. Governor signed; effective January 1, 2014.

HB 2571 (Family Law Section) addresses:

1. Termination of spousal support upon the death of either

party; and

2. The applicability of financial restraining orders to non-

married parents.

Governor signed; effective January 1, 2014.

HB 2572 (Family Law Section) provides authority to courts to

award attorney fees in actions to enforce a requirement that the

obligor maintain life insurance. Governor signed; effective Janu-

ary 1, 2014.

HB 2573 (Board of Governors) makes unauthorized practice of

law by immigration counselors an unlawful trade practice. Gov-

ernor signed; effective January 1, 2014.

HB 2608 (Oregon Law Foundation) would have established an

IOLTA-like program with interest on certain escrow accounts.

Dead; interim work group likely.


Judicial Department Budget: A Mixed Bag

Prospects for legisla-

tive adjournment by

the end of June are

guarded. Most com-

mittee’s are closed, but

negotiations on critical

issues continue, in-

cluding public safety

and PERS reforms,

new revenue and the

budget for K-12

schools.

Oregon eCourt

rollout continues. For

further information, go

to www.osbpublicaffairs.ho

mestead.com/files/

May13OJDWebNotice-

FileServev10ed.pdf


Susan Grabe,


David Nebel,


Matt Shields,


Amanda Roeser,










June 17, 2013 OSB Public Affairs Newsletter for Bar Leaders

T he Ways and Means Public Safety Sub-

committee has voted out HB 5016—the

Judicial Department budget for the 2013-

’15 biennium. As usual, this budget is a mix of

good news and bad news. The general fund allo-

cation is $402.5 million, an increase of $34.7

million from last biennium, but $6.8 million less

than required to maintain current services.

First the good news:

The bill provides funds for a new three

judge panel for the Court of Appeals, effec-

tive October 1, 2013.

Annual judicial salaries will increase by

$5,000, effective January 1, 2014.

Freelance certified court interpreters will

receive a raise to $40 per hour.

Bond funding of $24.3 million and nearly

38 full time limited duration positions will

enable continued roll out of Oregon eCourt.

$3.5 million will be provided for local facil-

ity infrastructure projects, including $2 mil-

lion toward replacement of the Union Coun-

ty Courthouse

Funding for basic court operations is suffi-

cient to avoid the unpaid furloughs that

have been in effect for the last two biennia:

courts will be open five days every week.

Unfortunately the budget does not address con-

tinued inadequate support for trial court services.

The amount required to maintain services at

current levels totals $214.6 million; the amount

appropriated is $207.2 million. The result is that

court users can expect understaffing of clerical

positions to continue. The department’s budget

request had included funds to restore more than

60 positions lost over the last two biennia; in-

stead the budget includes funds for some five

additional full time equivalent positions.

HB 5016 also includes an unspecified $3 million

general fund reduction to assist in the balancing

of the state’s general fund budget. The depart-

ment is instructed to “take management actions

to implement the reductions.”

The 2013 legislature considered a number of issues that received some attention but were thought

to need further study. The further study can take a number of forms. The legislature could formally

create a task force to consider an issue and report to a future session, a legislative committee could

decide to study a project in the interim, or a group like the bar could agree to draw interested par-

ties together to attempt to resolve an issue. The following is a list of issues likely to be addressed in

one of these ways during the legislative interim.

Interest on escrow accounts: (HB 2608) A work group to consider the idea of using interest on

real estate escrow accounts to support legal services is likely under the auspices of the House

Business and Labor Committee.

Definition of “elder abuse”: HB 2205 mandates formation of a task force to define “elder

abuse” for the purposes of the abuse reporting statutes.


Interim Work Groups and Task Forces





2

June 17, 2013 Capitol Insider

Public notice by Internet: The bar has appointed a task force to explore a system for providing notice to the public on a searcha-

ble website.

Spousal support factors: (HB 2559) The House Judiciary Committee may form a work group to consider possible changes to the

factors the court considers in awarding spousal support.

Digital assets: (SB 54) The OSB Estate Planning Section proposed a bill in 2013 that was shelved in light of the work of the

Uniform Laws Commission on a uniform law about administering digital property in decedents’ estates. A work group seems

likely if the ULC completes its work in time for the 2015 session.

Practice issues: The bar will create one or two work groups to deal with several disparate practice issues that arose in 2013.

Alternate jurors in criminal cases. (SB 798)

Procedure for change or resignation of counsel. (SB 799)

Limiting motions for change of judge in small judicial districts. (SB 812)

Speedy Trial requirements: (HB 2692) The legislature passed a repeal of the current speedy criminal trial statute, effective April

1, 2014. This put the onus on the criminal defense bar to put an effective work group together to address this issue for the 2014

session.

The Oregon Law Commission will also generate work groups on a number of issues, including probate modernization. See http://

www.willamette.edu/wucl/centers/olc/groups/2011-2013/Probate%20Modernization/pdf/Probate%20Modernization%20Proposal%

2010.02.12.pdf

A commission work group on judicial selection worked hard in 2012 but was not ready to place a proposal before the 2013 session;

that group may continue its work in the next interim.


Effective Dates for Legislation: A Trap for the Unwary

Measures passed in a legislative session take effect by default on

January 1 of the next year, unless the measure provides for a dif-

ferent effective date. Many measures contain an “emergency

clause,” which means that the measure is effective upon the Gov-

ernor’s signature. Other measures contain designations of specific

effective dates.

Failure to know the existence and effective date of a relevant

legislative measure can prejudice a client’s case and leave a prac-

titioner open to professional negligence claims. For example, the

governor signed SB 124 on June 6, and the bill became effective

immediately. SB 124 says that a court may take into account a

defendant’s status as a service member or veteran in considering

mitigation of sentence. An attorney currently representing a vet-

eran who fails to make an argument for mitigation based on vet-

eran status after a guilty verdict disserves her or his client and

risks a malpractice claim.

Many bills carry emergency clauses or clauses establishing a spe-

cific effective date. Besides SB 124, some of the bills passed this

session that are currently in effect include:

SB 32, relating to military regulations for governance of the

militia.

SB 42, relating to DNA testing.

SB 44, relating to appeals.

SB 50, relating to trial court jurisdiction after notice of ap-

peal has been filed.

SB 51, relating to state court administration, and addressing

consolidation of probation violation proceedings.

SB 141, relating to documents used in connection with busi-

ness entities.

SB 142, relating to improving the Secretary of State’s busi-

ness registry procedures.

SB 483, relating to resolution of matters related to health

care.

SB 558, relating to foreclosures of residential trust deeds.

(Most of the substantive provisions of this bill do not take

effect until August 5.)

HB 2378, relating to time for filing petition seeking appoint-

ment of guardian for a minor upon attaining majority.

HB 2627, relating to driving while under the influence diver-

sion agreements.

HB 2944, relating to electronic legal materials.

Many other bills passed in 2013 are now in effect, but those listed

above may be of immediate importance to practitioners.

http://www.willamette.edu/wucl/centers/olc/groups/2011-2013/Probate%20Modernization/pdf/Probate%20Modernization%20Proposal%2010.02.12.pdf



3

June 17, 2013 Capitol Insider

In 2009, the legislature passed HB 2500 (www.leg.state.or.us/09reg/measpdf/hb2500.dir/hb2500.en.pdf) which directed the Depart-

ment of Administrative Services to establish a state transparency website, designed to provide citizens access to information that is

public record, not exempt from disclosure. www.oregon.gov/transparency/Pages/index.aspx In 2011 the legislature passed bills ex-

panding the content of the website.

The 2013 session has continued the transparency website project in the following bills:

HB 2370 requires additional information to be posted on the website relating to public meetings, administrative rules and con-

tracts. The bill requires that links to local government or special government financial transparency websites be provided to the

Department of Administrative Services for posting when such links are available. www.leg.state.or.us/13reg/measpdf/

hb2300.dir/hb2370.a.pdf

HB 3035 requires an advisory commission to develop a plan by January 1, 2015 to provide information on the website relating

to contracts entered into by various government entities. www.leg.state.or.us/13reg/measpdf/hb3000.dir/hb3035.a.pdf

As Oregonians become increasingly comfortable with seeking and finding information on the internet, the legislature continues to

prod all levels of government to provide more widely accessible information. The legislature itself has become more transparent in

2013 with the Oregon Legislative Information System, which allows the public access to all materials committees consider in acting

on legislation. Continuing improvements in internet state government transparency are likely to continue for the foreseeable future.

Legislature Expands Transparency Project

Legislature Sets Up Procedure to Assess Racial and Ethnic Impact

In recognition of the over-representation of

ethnic minorities in the state’s corrections

and foster care systems, the legislature is

likely to pass a bill to require a prospective

analysis of the effects of proposed legisla-

tion and ballot measures on minorities.

https://olis.leg.state.or.us/liz/2013R1/

Measures/Text/SB463/B-Engrossed Such

an analysis would occur only at the written

request of a member of the legislature from

each party. Upon such requests, SB 463

requires the Criminal Justice Commission

to prepare a statement on the impact of

proposed legislation or a ballot measure on

the racial and ethnic composition of the

criminal offender population or recipients

of juvenile dependency services.

In addition, SB 463 requires state agencies

that award grants to require grant applica-

tions to include racial and ethnic impact

statements. Such statements must include:

Any disproportionate or unique impact

or proposed policies or programs on

minorities;

A rationale for such policies; and

Evidence of consultation with repre-

sentatives of minorities that would

experience disproportionate or unique

impacts.

These requirements will apply only to

grants awarded to corporations or other

legal entities, not to natural persons.

A bill that addresses racial profiling by law

enforcement officers was introduced but

did not move during the session. https://

olis.leg.state.or.us/liz/2013R1/Measures/

Text/SB560/Introduced SB 560 may re-

ceive attention in the interim, however; an

“informational hearing” is scheduled for

the judiciary committees on June 18 to

consider the issues the bill raises.

http://www.leg.state.or.us/09reg/measpdf/hb2500.dir/hb2500.en.pdf

http://www.oregon.gov/transparency/Pages/index.aspx

http://www.leg.state.or.us/13reg/measpdf/hb2300.dir/hb2370.a.pdf



https://olis.leg.state.or.us/liz/2013R1/Measures/Text/SB463/B-Engrossed

https://olis.leg.state.or.us/liz/2013R1/Measures/Text/SB463/B-Engrossed

https://olis.leg.state.or.us/liz/2013R1/Measures/Text/SB560/Introduced



End of Session Wrap-Up

As the legislature ad-

journed, the leaders

published a schedule

of legislative meetings

and deadlines for the

interim. The next

events are released of

the first post-session

revenue forecast on

August 28 and com-

mittee hearings on

September 16-18.


Susan Grabe,


David Nebel,


Matt Shields,


Amanda Roeser,










July 17, 2013 OSB Public Affairs Newsletter for Bar Leaders

I n its final weeks, the legislature passed a

number of bills of particular interest to the

legal profession.

HB 5008 and HB 2322. Every session ends

with passage of a budget reconciliation bill that

allocates any available funds, and a “program

change bill” that implements these allocations.

The reconciliation bill is often referred to as the

“Christmas tree bill”, because it provides unex-

pected funding to its beneficiaries. These bills

indeed provided an unexpected increase to judi-

cial salaries, which were already increased in the

judicial department budget bill (HB 5016) by

$5,000, effective January 1, 2014. The Christ-

mas tree bill provides an additional $5,000 annu-

al increase, effective January 1, 2015.

HB 5008 also includes a supplemental appropri-

ation of $2.4 million for the Public Defense Ser-

vices Commission to reduce juvenile dependen-

cy caseloads and increase compensation.

SB 5506 authorized issuance of bonds for vari-

ous projects, including $15.2 million for court-

house capital construction as seed money for

Multnomah County and improvements and $4.4

million for renovations to the Supreme Court

building.

HB 2562 resolves a number of issues for state

and local courts. In addition to housekeeping

provisions relating to Oregon eCourt, the bill

addresses the distribution of fine revenue be-

tween the state and local jurisdictions and re-

solves in the short term Oregon eCourt fees.

With respect to the distribution of revenue, cur-

rent law provides that the first $60 of fine reve-

nue collected by justice and municipal courts

must be paid into the state’s Criminal Fine Ac-

count (CFA). HB 2562 reduces that amount to

$45 and provides for an equal split of income

from fines received above $45 between the CFA

and the local jurisdiction.

HB 2562 also temporarily resolves issues sur-

rounding fees for eCourt filings. The judicial

department’s initial proposal was to allow the

Chief Justice to set fees. The department circu-

lated a proposed schedule that would have re-

quired a fee for each electronic filing, and either

a subscription or a per view fee to look at docu-

ments online. The bill that ultimately passed

increases some filing fees by five percent and

dedicates the revenue to a fund for maintenance

of the electronic court system. This part of the

bill takes effect on October 1, 2013 and sunsets

June 30, 2014. Oregon eCourt fees will clearly

be on the table in the February 2014 session.

HB 3194. A focus of interim activity between

the 2012 and 2013 sessions was a Commission

on Public Safety, appointed by the governor and

chaired by former Chief Justice Paul De Muniz.

The objective was to avoid projected increases

in the prison population over the next 10 years

and thereby to avoid increasing Corrections

spending. The commission developed two policy

option packages: a robust proposal that included

granting judges more discretion in sentencing in

three specific Measure 11 offenses; and a more

scaled back set of recommendations. After

months of difficult negotiations, a scaled back

version emerged from the special joint com-

mittee established specifically to consider

public safety and sentencing reform.

HB 3194 is intended to hold the prison popu-

lation at current levels for the next five years

by eliminating some mandatory and presump-tive sentences in Measure 57, lowering penal-

ties for some marijuana related crimes and for

driving while suspended, allowing non-violent


2

July 17, 2013 Capitol Insider

offenders to convert two months of prison time to parole time, and allowing probation officers to impose looser requirements for

persons they supervise. The savings for the first two years will be $17 million, which will be added to other resources to provide

more support for local community corrections programs.

HB 3194 passed 40-18 in the House and 19-11 in the Senate. A two-thirds majority is arguably required for passage of this bill, since

it might be found to reduce a criminal sentence approved by the people through the initiative process. See the Oregon Constitution,

Article IV, Section 33. Notwithstanding an opinion to the contrary from legislative counsel, given the dissatisfaction of some crime

victim advocates with this bill, litigation on the issue is not out of the question.


Further Notes on Traps for the Unwary

A perceptive reader of the last issue’s article on effective dates

and emergency clauses pointed out that some bills carry emer-

gency clauses but also have provisions that some sections be-

come operational on different dates. This is often the case where

an agency needs time to make implementing rules.

An example from the list in the last issue is SB 558, addressing

foreclosure mediation. Section 19 of the bill contains a standard

emergency clause, but that’s not the complete story. Section 16

(1) provides that the substantive provisions become operative 61

days after the effective date, and Section 16(2) authorizes the

attorney general to take action to exercise the duties the bill pro-

vides prior to the operative date. Section 17 spells out the appli-

cation of the bill to proceedings in process as of the operative

date specified in Section 16(1).

Having said all that, when is the bill effective? Emergency claus-

es mean that the bill takes effect “upon passage” - this is, when

the governor signs the bill. This information is available on the

legislative website, either in the measure history at

www.leg.state.or.us/bills_laws or in the OLIS system at https://

olis.leg.state.or.us/liz/2013R1. The governor signed SB 558 on

June 4, and 61 days later is August 5.

Another striking example of the variation of effective dates is in a

bill from the 2012 session, which adopted various amendments to

UCC Article 9 proposed by the Uniform Laws Commission. HB

4035 contained an emergency clause and took effect for rulemak-

ing purposes on March 4, 2012, when the governor signed it. The

operative date, however, is July 1, 2013. The bill contained ten

sections setting forth effective dates and the bills application to

transactions in process between March 4, 2012 and July 1, 2013.

www.leg.state.or.us/bills_laws.

When in doubt, the safest way to find out whether a bill has taken

effect is to look at the bill itself. All bills are available on the leg-

islative website. www.leg.state.or.us/bills_laws.

Federal Justice System Braces for Sequester to Kick In

Lawyers who pay attention to public policy issues on the state level are aware of the travails of Oregon’ judicial branch, which has

struggled to provide full service over the last several biennia due to budget constraints. Perhaps less well known are the challenges

currently facing the federal justice system in light of the automatic cuts that result from the budget sequester.

If Congress does nothing to address the problem, the challenges in the fiscal year that begins October are dire:

Oregon federal courts have already stopped holding criminal proceedings on Fridays. Further cuts may require lay-offs in a

system that is already stretched to the maximum.

The federal defender office will be especially hard hit. The office must either lay-off between 20 and 25 of its 74 employees, or

implement 70 to 80 furlough days in the fiscal year that begins on October 1.

The defender office will decline representation in cases that it cannot handle competently. Those cases must either be dis-

missed, or private counsel appointed at greater cost.

The U.S. Attorney’s office and bankruptcy court are also facing substantial cutbacks. U.S. Attorney Amanda Marshall is con-

cerned that drug and alcohol treatment centers may be substantially reduced.

The disarray in the federal budget process is causing unprecedented insecurity in the federal justice system as a whole, which will

likely affect public safety and disrupt the conduct of both criminal and civil litigation.


https://olis.leg.state.or.us/liz/2013R1

https://olis.leg.state.or.us/liz/2013R1



3

July 17, 2013 Capitol Insider

Chief Justice Thomas A. Balmer has approved changes to the Uniform Trial Court Rules (UTCR) that become effective on August 1,

2013. Changes of particular interest address media access, motions to suppress evidence, sealed documents, depository statements,

and small claims dismissals. The 2013 version of the UTCR can be found at: http://courts.oregon.gov/OJD/programs/utcr/

utcrrules.page.

The UTCR committee’s next meeting is scheduled for October 18 (and 19, if necessary), 2013. The committee welcomes proposals

for change to the UTCR. Please submit your proposals by August 30, 2013, to [email protected] or UTCR Reporter, Supreme

Court Building, 1163 State Street, Salem, Oregon, 97301-2563.

UTCR Changes Effective August 1, 2013

Adjusted Tort Liability Limits Against Public Bodies Effective July 1, 2013

The office of the State Court Administrator

(OSCA) has followed the required statuto-

ry methodology, identified in ORS 30.273

(3), to calculate the annual adjustment to

the limitations on liability of public bodies

for property damage or destruction. Based

on these calculations, the limitations are

adjusted to $106,700 for any single claim-

ant and $533,400 for all claimants. These

new limitations became effective on July

1, 2013, and apply to all causes of action

arising on or after July 1, 2013, and before

July 1, 2014.

OSCA opened a public comment period on

the adjustments from March 29, 3013, to

5:00 p.m. on May 31, 2013, but received

no comments challenging the calculations.

As a reminder, ORS 30.271 and 30.272

establish the annual adjustments to the

limitations on liability of public bodies for

personal injury and death. Pursuant to ORS

30.271(2) and (3), the limitations applica-

ble to the state for personal injury and

death are adjusted to $1,900,000 for any

single claimant and $3,800,000 for all

claimants. Pursuant to ORS 30.272(2) and

(3), the limitations applicable to local pub-

lic bodies for personal injury and death are

adjusted to $633,300 for any single claim-

ant and $1,266,700 for all claimants. These

new limitations became effective on July

1, 2013, and apply to all causes of action

arising on or after July 1, 2013, and before

July 1, 2014.

A list of past and current limitations on

liability of public bodies can be found on

the Oregon Judicial Department website at:

http://courts.oregon.gov/OJD/courts/

circuit/tort_claims_act.page

Please submit questions or comments to

[email protected].

Three Legislative Veterans Retire

July sees the retirement of three lawyers who have been involved in the legislative process in various

roles over the last decade or longer.

Dave Heynderickx has retired after 25 years of distinguished service in the Office of Legislative Coun-

sel. Dave drafted many bills for the Oregon Law Commission, including a major re-write and moderni-

zation of the statutes pertaining to judgments. He also drafted many bills the bar sponsored on behalf of

sections.

Lou Savage began his career at legal services, was in private practice for a few years, ran Congressman

Ron Wyden’s district office, held various positions in the governor’s office and then worked in various

capacities in the Department of Consumer and Business Services, most recently as Insurance Commis-

sioner.

David Nebel also worked at legal services before moving to the bar’s Public Affairs Department in

2003. David’s work facilitated bar groups’ efforts to propose bills for bar sponsorship and then to pass

them in the legislature. He also has written for the Capitol Insider. David has been an invaluable mem-

ber of this staff and will be greatly missed.

The bar wishes them well in their future pursuits.

David Nebel, Public Affairs

Legislative Attorney

http://courts.oregon.gov/OJD/programs/utcr/utcrrules.page

http://courts.oregon.gov/OJD/programs/utcr/utcrrules.page

mailto:[email protected]

http://courts.oregon.gov/OJD/courts/circuit/tort_claims_act.page

http://courts.oregon.gov/OJD/courts/circuit/tort_claims_act.page

mailto:[email protected]

Focus on Elder Abuse Continues Next Legislative Events

As the 2014 session approach-

es, here are some deadlines that

will come into play:

January 13, 2014: Meas-

ure drafts will be returned

from Legislative Counsel

January 21, 2014:

Measures must be filed by

5:00 p.m.

February 3, 2014: 2014

Legislative Assembly

convenes

February 20, 2014: OSB

Legislative Reception

March 9, 2014: Deadline

for adjournment of 2014

session.

Reminder: Deadline for bar

bills

April 4, 2014 is the deadline

for sections and committees to

submit legislative proposals to

the Public Affairs Department

for bar sponsorship in the 2015

session. The materials should

describe the proposal in detail

and include draft bill language.


Susan Grabe,


Amy Zubko,


Matt Shields,


Amanda Lunsford,










December 18, 2013 OSB Public Affairs Newsletter for Bar Leaders

During the 2013 session, the Legislature contin-

ued to focus on elder abuse with the passage of

HB 2205. The bill, championed by House

Majority Leader Val Hoyle (D-14) and Repre-

sentative Vic Gilliam (R-18), not only recon-

vened the Oregon Elder Abuse Work Group

through June 30, 2015, it expanded the list of

individuals who are required to report elder

abuse to include attorneys, dentists, optome-

trists, chiropractors and members of the Oregon

Legislative Assembly. While HB 2205 became

effective on June 11, 2013; the changes to the

reporting process will not apply until January 1,

2015.

The work group, which now includes two mem-

bers appointed by the Board of Governors, met

during the September legislative days and split

into two sub-work groups. The first group is

charged with studying and making recommenda-

tions to develop a consistent definition of vul-

nerable persons across populations, agencies,

law enforcement, and service providers. The

second group will consider the implementation

of a reporting hotline and develop outreach ef-

forts. Both sub-work groups have been active

since September and are working toward a full

work group meeting in the new year.

Previously, mandatory reporters for elder abuse

could be generally described as caregivers: phy-

sicians, social workers, nurses, senior center

employees. HB 2205 expands the new reporting

requirement to bar members and extends the

requirement to all hours (24/7). The statute,

however, exempts attorneys and members of the

clergy from reporting elder abuse if the infor-

mation was obtained through their professional

capacity. The bill requires the Oregon State Bar

to establish minimum training standards for law-

yers regarding elder abuse. The changes to the

mandatory reporting process will become opera-

tive on January 1, 2015.

State Provides Financial Support for Courthouse

Construction and Improvements

Court facilities across Oregon will benefit from

increased legislative support for capital improve-

ments and life-and-safety upgrades. This year

the Legislature approved state funding for court-

house construction and improvements in the

2013–2015 state budget. The Union County

Courthouse, currently located in a repurposed

hospital built in 1937, received the lowest over-

all rating in a 2008 assessment of courthouse

facilities. The proposed replacement courthouse

in La Grande will receive $2 million in state

financial support to supplement contributions

and county funding. The Curry County Court-

house will receive $150,000 to finance the re-

placement of its 22-year-old roof. The Supreme

Court building in Salem will receive $4.4 mil-

lion in general obligation bond proceeds to ad-


2

December 18, 2013 Capitol Insider

dress major safety issues and perform essential repairs to the his-

toric facility. The bonds are scheduled to be issued in early 2015.

Finally, Curry, Gilliam, Malheur, and Wallowa counties will di-

vide close to $1.4 million to install life-and-safety upgrades, in-

cluding fire sprinklers and fire alarm systems.

The budget also includes $15 million in general obligation bond

proceeds to support efforts to replace the Multnomah County

Courthouse. Additional action, either by the Legislature or the

Emergency Board, will be necessary to release the funds for this

project.


Changes to PERS Trigger Lawsuits

Monday, December 9, 2013, was the filing deadline to challenge SB 861 and SB 862, the PERS bills passed by the Legislature dur-

ing the October 2013 special session. SB 861 limits the cost-of-living adjustment (COLA) to 1.25 percent on the first $60,000 of a

retiree’s annual benefit payment and 0.15 percent on amounts over $60,000, while providing supplemental payments until mid-2019.

SB 862 made policy changes to the PERS retirement benefits. A bill passed during the regular legislative session this past March, SB

822, modified the COLA and eliminated the out-of-state tax benefit for some retirees. The COLA modifications in SB 822 were su-

perseded in part by SB 861.

All three bills provide for expedited review. Four petitions were filed in response to SB 822, and Judge Stephen Bushong was ap-

pointed by the Supreme Court as Special Master. The fact-finding process was originally scheduled for completion at the end of

2013. However, due to the passage of SB 861 and SB 862, Judge Bushong suspended fact-finding for SB 822.

Four petitions have been filed challenging SB 861. Because the modifications to the COLA in SB 822 and SB 861 use the same pro-

cess, the Supreme Court will review both bills together.

Revenue Forecast up with a Twist

Legislation passed during the Legislature’s

October 2013 special session strengthened

the December revenue forecast. The fore-

cast, released November 21, showed a rev-

enue increase over both the close-of-

session and September 2013 forecasts.

With the legislative action taken in Octo-

ber, the general fund revenue forecast for

the current 2013–2015 biennium was re-

vised upwards by $115 million from the

September revenue forecast of $15,762.8

million. Lottery resources decreased by

almost $4 million from the September

forecast, to a total of $1.058 million. Be-

tween forecast revisions to the general

fund and lottery fund, and administrative

actions, revenues have increased $132.6

million above the September forecast, re-

sulting in projected net combined revenue

for the 2013–2015 biennium of $17,065

million.

While the changes to the forecast were

relatively minor compared to the total

2013–2015 general fund/lottery fund legis-

latively adopted budget of $16.440 billion,

the state economist did raise outstanding

issues that may affect the general fund

ending balance for the current biennium.

Due to the changes made in October, the

general fund forecast is halfway to the

personal income tax kicker threshold of

almost $292 million. With two more in-

come tax filing seasons before the end of

the biennium in July 2015, there are oppor-

tunities to breach the personal kicker

threshold. If the kicker is triggered, excess

revenue from general fund sources, ex-

cluding corporate tax revenue, is refunded

to individuals through the personal income

tax program. On the national level, con-

cerns regarding economic expansion stem-

ming from questions regarding federal

policy and continuing economic weakness

could negatively affect Oregon’s economic

health.

3

December 18, 2013 Capitol Insider

The House and Senate Judiciary Committees met jointly during the recent

November 2013 legislative days for lengthy discussions on the possibility

of marijuana legalization and the modification of the statutory speedy

trial requirements passed during the 2013 session.

Legislators opened the informational meeting receiving testimony on pro-

posed changes to Oregon’s marijuana laws. Congressman Earl Blumenau-

er from Oregon’s Third District, advocates for the legalization of the sale

of marijuana, and citizens from Washington and Colorado testified on the

legalization process and the benefits and challenges of decriminalization.

Senator Floyd Prozanski, chair of the Senate Judiciary Committee, ended

the hearing by sharing possible legislation for the 2014 session. https://

olis.leg.state.or.us/liz/2013I1/Downloads/

CommitteeMeetingDocument/31196.

HB 2962, passed during the 2013 legislative session, removes the statuto-

ry speedy trial requirements found in ORS 135.747. Former Oregon Su-

preme Court Chief Justice, Paul De Muniz, at the invitation of committee

staff, provided the committees with a history of statutory and constitu-

tional speedy trial requirements in Oregon. The presentation concluded

with presentations from Aaron Knott at the Department of Justice and

Gail Meyer with the Oregon Criminal Defense Lawyers Association and

a discussion of modifications that could be made to Oregon’s statutory

language.

Judiciary Committees meet during

November Legislative Days

New OSB Public Affairs

Legislative Attorney

We are pleased to announce that Amy

Zubko has joined the Oregon State

Bar as the Public Affairs Legislative

Attorney. Amy attended the Universi-

ty of Oregon School of Law and was

previously Senior Legislative Assis-

tant for Senator Devlin.

https://olis.leg.state.or.us/liz/2013I1/Downloads/CommitteeMeetingDocument/31196

