March 21, 2023

Oregon State Bar Hosts President’s Reception in Salem

After a two-year hiatus, the Oregon State Bar (OSB) Board of Governors (BOG) returned to Salem to hold its February board meeting this year. In conjunction with the legislative session, the BOG hosted the 2023 President’s Reception at the Salem Convention Center. The reception provides an opportunity for practitioners, judges, legislators, and bar leadership to discuss many of the issues that are affecting the practice of law and the judiciary. During the reception, Lee Ann Donaldson, 2023 OSB President, spoke about the important role the bar plays in public protection, access to justice, and supporting the judiciary and highlighted the bar’s legislative priorities: adequate funding for the courts, civil legal aid, and indigent defense.

Justice Adrienne Nelson (left) and OSB President Lee Ann Donaldson (right)

Chief Justice Meagan Flynn (center), Rep. Lily Morgan (left) and guest (right)

Rep. Kevin Mannix (center) talking with Phil Lemman (left) and Nancy Cozine (right)

Rep. Paul Evans (right) talking to guest (left)

Valerie Colas (left) Chief Justice Meagan Flynn (center) and Nancy Cozine (right)

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Bills of Interest

This legislative session, over 2,800 bills have been introduced so far, and more are possible. Below are a few bills that may be of interest to practitioners.

HB 2001 – Establishes Oregon Housing Needs Analysis in Oregon Department of Administrative Services.

HB 2008 – Specifies property and funds of judgment debtor that are exempt from execution or garnishment.

HB 2950 – Bars creditors’ claims against decedents’ estates if no petition for appointment of personal representative or small estate affidavit is filed within 18 months following decedent’s date of death.

HB 3242– Provides insured with cause of action for insurer’s unfair claim settlement practices.

HB 3243– Includes insurance in definition of real estate, goods and services that are subject to penalties for unlawful trade practices.

HB 5019 A– Appropriates moneys from General Fund to specified state agencies for certain purposes related to housing.

HCR 18 – Recognizes importance of civic education and commends Classroom Law Project for 40 years of service in providing interactive civic education programs.

SB 619 – Permits consumers to obtain from a controller that processes consumer personal data confirmation as to whether controller is processing consumer’s personal data and categories of personal data controller is processing, list of specific third parties to which controller has disclosed consumer’s personal data and copy of all of consumer’s personal data that controller has processed or is processing.

For a comprehensive list of introduced bills, go to the Oregon Legislative Information System (OLIS). For a list of bills by practice area, go to the Oregon State Bar’s Public Affairs page.

Thank you to the OSB Section and BOG volunteers for traveling to Salem to testify on proposed legislation.

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Legislative Deadlines, Important Dates, and What to Watch For

To keep the legislative process moving and ensure that the legislature completes its responsibilities before the end of the legislative session, the House and Senate have established internal deadlines for moving bills through the legislative process.

This year, the deadline for scheduling a bill for a work session in its chamber of origin was March 17, 2023, and the deadline for voting a bill out of committee in its chamber of origin is April 4, 2023. Those bills, with a few exceptions identified below, that have not been scheduled by March 17 and moved out of committee by April 4 are no longer active and may not be voted into law by the legislature under that bill number.

There are a few exceptions to this rule. For example, the deadlines do not apply to bills that are in the House or Senate Rules Committees, the House or Senate Revenue Committees, or the Ways and Means Committees or subcommittees. Further, bills in the Joint Committee on Transportation and the Joint Committee on Semiconductors are on their own unique schedule.

For those tracking legislation, the period before a legislative deadline can be complex. The weeks before the deadline often result in a fair amount of juggling and amending bills. For example, a legislative concept in one bill may be amended into another bill with a better chance of passage. Another option is for a legislator to move a bill to either the Senate or House Rules Committees to keep it alive after the deadline. Finally, if neither option seems feasible during the legislative session, a concept may be sent to an interim work group to be discussed and finalized for the next legislative session.

Upcoming Deadlines

• • March 17, 2023 – Posting Deadline in First Chamber
  • April 4, 2023 – First Chamber Deadline
  • May 17, 2023 – Revenue Forecast
  • May 19, 2023 – Second Chamber Deadline

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Oregon Judicial Department Presents 2023 – 2025 Proposed Budget

Last week, the Oregon Judicial Department (OJD) presented its 2023–2025 proposed budget to the Ways and Means Public Safety Subcommittee for consideration. The presentation, which lasted four days, touched on pretrial release, judicial compensation, updating or replacing courthouses, and increasing the number of judges, to mention just a few priorities.

Last fall, the OSB House of Delegates and the OSB Board of Governors voted to make funding the OJD a legislative priority, along with adequate funding for public defense and civil and immigration legal services.

In addition to the bar’s support, this year the Oregon Campaign for Court Funding (OCCF), led by Ed Harnden, Peter Bragdon, and Graciela Gomez Cowger, submitted testimony  in support of the OJD budget. Similar to years past, the OCCF focused on the need for funding to maintain adequate staffing in Oregon’s courts to support an open and accessible court system.

As part of the bar’s support of civil and immigration legal services, and with the support of the OJD, the bar and the Oregon Law Center also shared their support for Policy Option Package (POP) 118 in the OJD budget. POP 118 would increase funding for both civil and immigration legal services in the next biennium.

The budget hearing for the Public Defense Services Commission is expected to be scheduled later this month. Final decisions on the state budget will be made before the end of June.

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Ways and Means Roadshows to be Hosted Across Oregon 

Every two years, the Oregon Legislature’s Ways and Means Committee hosts community meetings throughout Oregon. The goal is to provide Oregonians who cannot make it to Salem the opportunity to provide feedback on the state’s budget. The community meetings will be held in April and early May. Stay tuned for date, time and location.

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