Legislative Proposals for 2013 Session

The Oregon State Bar has published a list of legislative proposals submitted by OSB groups for sponsorship in the 2013 session of the Oregon Legislature. The proposed bills address the following subject areas:

Board of Governors

  • Dischargability of Costs – an award of costs in an OSB Disciplinary proceeding would no longer be dischargeable in bankruptcy
  • Custodianship of a Law Practice – custodians who take over a law practice would receive first priority in payment of fees/expenses

 Unlawful Practice of Law

  • Amending the Unlawful Trade Practices Act (UTPA) to make the unlawful practice of law a violation under the UTPA

Lawyers for Veterans

  • Requiring notice of compliance with the Servicemembers Civil Relief Act in administrative hearings
  • Allowing increased judicial discretion in sentencing qualifying veterans suffering from PTSD or traumatic brain injury

Administrative Law

  • Requiring state agencies to maintain Final Orders in digital format to facilitate inclusion in Fastcase

 Animal Law

  • Allowing peace officers to enter premises, search and seize an animal without a warrant under specified conditions

 Business Law

  • Permitting remote shareholder meetings via Webcasts or similar electronic communications medium
  • Providing express authority for boards of directors to delegate to corporate officers the authority to grant equity awards to corporate employees

 Consumer Law

  • Amending the UTPA to require disclosure of early cancellation fees

 Debtor-Creditor

  • Clarifying the duties of a trustee in a trust deed foreclosure
  • Permitting another attorney in the trustee attorney’s firm to act on behalf of the attorney trustee when he/she is not available

Elder Law

  • Clarifying the rules regarding attorneys fees and costs in protective proceedings

Estate Planning

  • Establishing definitions and rules for digital assets; numerous technical changes to Uniform Trust Code

 Family Law

  • Housekeeping corrections to ORS Chapters 107 and 109
  • Providing for attorneys fees in certain cases involving ordered life insurance policies
  • Protection of survivor benefits for former spouses

 Juvenile Law

  • Technical correction to ORS 419B

 Criminal Law

  • Technical correction to Uniform Criminal Jury Instructions

See the detailed list of legislative proposals here.

1 thought on “Legislative Proposals for 2013 Session

  1. Pingback: The Year in Review – Useful Tips You May Have Missed « Oregon Law Practice Management

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