March 12, 2024

Legislature Makes Changes to Ballot Measure 110

House Bill 4002 is the main work product of the legislature’s efforts to address the fentanyl crisis in Oregon and modifies the continued implementation of Ballot Measure 110.

The bill modifies current statutes related to delivery of a controlled substance in response to the decisions in State v. Hubbell, 314 Or App 844 (2021), aff’d, 371 Or 340 (2023), to expand the definition of “deliver” to include possession of a controlled substance with the intent to deliver.

The bill also creates new sentencing options for misdemeanor possession charges, including the option to reduce jail sentences for time the defendant spends in drug treatment. The bill encourages probationary sentences, which may include a requirement for drug treatment. In the case of probation violations, the bill permits structured jail sanctions to be imposed.

HB 4002 also creates new deflection provisions, which encourage law enforcement and district attorneys to refer individuals to drug treatment providers in lieu of arrest or prosecution. The Criminal Justice Commission (CJC) is assigned the task of studying best practices for deflection programs and reporting back to the legislature with recommendations.

Much of the funding to implement HB 4002 is housed within HB 5204. That bill allocates $20.7 million into a grant program administered by the CJC to be used, among other things, for county deflection programs.

As part of the $20.7 million provided for grants, the bill makes direct allocations to 23 of Oregon’s 36 counties, providing 50% of their funds for deflection programs up front. The other 13 counties will receive deflection funds through the normal grant process.

The bill also allocates funds for a number of other criminal-justice-related purposes. This includes dedicating nearly $7 million to the CJC for specialty court grants. The bill also makes a one-time $10 million allocation to the Oregon Jail-Based Medications for Opioid Use Disorder Grant Program, which is likewise administered by the CJC. Additionally the bill allocates $4 million for the Restorative Justice Grant Program, which was created in 2021, and $500,000 for a jail reentry pilot program.

The bill has passed the House and Senate and is awaiting the Governor’s signature.

 


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Bills of Interest

HB 4001 – Establishes the Task Force on Specialty Courts. Directs the task force to study certain issues concerning specialty courts and to provide the results of the study to the interim committees of the Legislative Assembly related to the judiciary no later than November 15, 2024. The bill has passed the House and Senate and is awaiting the Governor’s signature.

SB 1595 – This bill was identified by some advocates as “The Family Financial Protection Act of Oregon”. The bill increases a number of exemptions from garnishment and execution, and modifies various provisions relating to unfair debt collection practices. The bill has passed the House and Senate and is awaiting the Governor’s signature.

HB 4056 – Requires counties to establish a process to determine the amount of any surplus proceeds from the sale of property deeded to the county after a property tax lien foreclosure. Requires counties to notify all interested parties of the surplus. Requires counties to determine the right to the surplus. Requires counties to deposit the surplus in full in an interest-bearing account until the amount and the distribution of the surplus have been determined. The bill has passed the House and Senate and will soon be sent to the Governor.

SB 1541 – Creates new circuit court judge and staff positions in Washington, Jackson, and Clackamas Counties. New positions take effect in Washington and Jackson Counties July 1, 2024, and in Clackamas County July 1, 2025. The bill has passed the House and Senate and is awaiting the Governor’s signature.


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Board of Governors Legislative Reception

On February 22, 2024, the Board of Governors hosted its annual President’s Reception at the Salem Convention Center. The event was co-hosted by Chief Justice Meagan Flynn and the Supreme Court Council on Inclusion and Fairness which is chaired by Justice Bronson James.

OSB Board President David Rosen (left) Attorney General Ellen Rosenblum (center), Chief Justice Meagan Flynn (center) and Rep. Kevin Mannix (right)

Executive Director PDSC Jessica Kampfe (left) and Chair of OSCCIF Justice Bronson James (right)

Daniel Moltke, Chief of Staff for Rep. Hartman (left), Rep. Annessa Hartman (center) and OSB Director of Diversity and Inclusion JB Kim (right)

OJD Director of Civil and Criminal Programs Division Dana Walton-Macaulay (left) and OSB Chief Executive Officer Helen Hierschbiel (right)

Sarah El Ebiary, Chief of Staff for James Hieb (left) and OSB General Counsel Ankur Doshi (right)

OSB Board Member Nicholas Yanchar (left), OSB President-Elect Myah Kehoe (center) and Rep. Travis Nelson (right)

OJD Access to Justice Counsel Shalini Vivek (left), OJD Counsel in Charge OEEI Valerie Colas (center), OJD Director of Civil and Criminal Programs Division Dana Walton-Macaulay (center) and Supreme Court Appellate Legal Counsel Lisa Norris-Lampe (right)

Rep. Rob Nosse (left), PLF Board Member Chair Steve Hill (center) and Rep. Jason Kropf (right)

OSB Board Member and Immediate Past-Chair of Public Affairs Committee Gabriel Chase (left) and Rep. Travis Nelson (right)

OSB Public Board Member and Public Affairs Committee Member Eddie Pasadore (left) and Chief Justice Meagan Flynn (right)

The reception provided an opportunity for the Board of Governors and members of the local bar to discuss the bar’s legislative priorities with legislators and share feedback on bills and issues currently under consideration in the Capitol. The reception has become an annual event held in coordination with the February Board of Governors meetings in Salem.

This year attorneys and members of the public attended, as well as legislators and staff.


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OSB Law Improvement Legislative Proposals for 2025 Due April 1, 2024

During the 2025 legislative session, the Oregon State Bar will introduce a package of law improvement legislation, which includes bills proposed by OSB sections and committees. These proposals often clarify statutory ambiguities or amend laws to conform to court decisions or court practices.

OSB sections interested in proposing legislation for the 2025 legislative session must provide those proposals to the OSB Public Affairs Department no later than April 1, 2024. Sections are limited to no more than three proposals, and each must be approved by the section executive committee.

Additional information on the OSB’s Law Improvement Program can be found on the Public Affairs page of the OSB Website. Sections that are currently exploring making such a proposal should contact Susan Grabe at [email protected] or Matt Shields at [email protected] for more information.


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Farewell, Amy!

Amy Zubko is leaving her position as Public Affairs Director here at the Oregon State Bar. Amy has been a key part of the Public Affairs team for the last decade and has been instrumental in advancing the bar’s public services mission in Salem. She has also been responsible for most of the content of this publication. We at the bar will miss her and wish her the best in the future.

*The next edition of the Capitol Insider will have a budget update and additional information on the 2024 legislative session.


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Archives



Thank you for reading the Oregon State Bar’s CAPITOL INSIDER.
The archives are available here.

2024 Oregon State Bar Officers and Public Affairs Chair



David Rosen,
President, Oregon State Bar
Myah Kehoe,
President Elect, Oregon State Bar
Lee Ann Donaldson,
Immediate Past President, Oregon State Bar
Curtis Peterson,
Chair, Public Affairs Committee, Oregon State Bar Board of Governors

For questions about articles, legislation, or the legislative process, please contact:


Susan Grabe, Chief Communications and Public Affairs Officer
Matt Shields,
Public Affairs Staff Attorney 
Sara Doherty,
Public Affairs Administrative Assistant 

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February 15, 2024

2024 Legislative Session Convened February 5, 2024 

The 2024 legislative session began on February 5, 2024. Unlike a legislative session held in an odd-numbered year, which can last up to 160 days, a legislative session held during an even-numbered year is limited to 35 days. Historically, even-year sessions have a narrower agenda, and legislators and committees are often limited in how many bills can be proposed. Timelines are very short, and most bills are required to move out of their chamber of origin during the first two weeks.

For the complete calendar, visit the Secretary of the Senate’s web page.

Both public hearings and work sessions are available both remotely and in person. Some of the bills of interest this session include:

    • HB 4001 – This bill creates the Task Force on Specialty Courts and tells the task force to report to the legislature by September 15, 2024. HB 4001 moved out of the House Judiciary and to the Ways and Means Committee on February 13, 2024.
    • HB 4002 – This bill is a placeholder bill that is intended to address substance abuse issues, including treatment. HB 4002 is currently in the Joint Committee on Addiction and Community Safety Response.
    • HB 4097 – This bill modifies the process for setting aside convictions, dismissals, and guilty except for insanity judgments. The bill also modifies when the court is required to hold a hearing on and grant motions to set aside. This bill moved to the House Rules Committee on February 15, 2024.
    • SB 1576 – This bill is an omnibus Senate Judiciary Committee bill addressing a number of issues including recreational immunity and probate courts in several Central Oregon counties. SB 1576 is currently in the Senate Judiciary Committee and has a work session schedule on February 19, 2024.
    • SB 1595 – This bill increases the number of exemptions from garnishment and execution and modifies provisions relating to unfair debt collection practices. SB 1595 passed out of the Senate Committee on Labor and Business on February 14, 2024 and out of the Senate Finance and Revenue Committee on February 15, 2024 and is now in the Ways and Means Committee.

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Oregon Judicial Department Requests Three New Judicial Positions

This session the Oregon Judicial Department introduced one bill, SB 1541. This bill would add three additional judicial positions to districts around Oregon.

Specifically, the bill would add one additional position each in Jackson and Washington Counties effective July 1, 2024, and one position in Clackamas County effective July 1, 2025. These specific counties were recommended by the Oregon Judicial Department. Each of these counties has experienced significant growth in the last decade, and each county would benefit from an increase in the number of judges.

Oregon State Bar Board of Governors member Tomás Hernandez testified in support of the new positions before the Senate Judiciary Committee at the bill’s initial hearing. The bill moved out of the Senate Judiciary Committee on February 8, 2024, and is now in the Ways and Means Committee awaiting further action.


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How to Track Proposed Legislation

The Public Affairs Program is available to assist OSB sections and committees with tracking proposed legislation. If a section or committee has already identified specific bills to follow, please contact Matt Shields in Public Affairs at [email protected] to ensure that legislation is included in the section’s bill-tracking list.

As bills are introduced, Public Affairs staff review all proposed legislation and refer specific bills to groups that may be interested in the subject. Because this is a short legislative session, the majority of bills were publicly posted on February 1, 2024, and are now available for review.

Once a section or committee has identified which bills to follow, those bills are input into the group’s bill-tracking page. Each group has its own page on the Public Affairs webpage. This will enable each group to receive updates and to review changes to any legislation that a group has expressed an interest in following.


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OSB President’s Reception

On February 22, OSB President Dave Rosen and the OSB Board of Governors will host a legislative reception for legislators and bar members. The reception will be hosted in coordination with Chief Justice Meagan Flynn and the Supreme Court Council on Inclusion and Fairness.

The reception will be held at the Salem Convention Center from 5:30 to 7:30 pm on February 22.

The annual President’s Reception is a great opportunity for legislators, the Board of Governors, and bar members to discuss the bar’s legislative agenda and show support for our judicial system.

OSB members who are interested in attending the reception should RSVP here or by contacting Cassandra Dyke at 503-431-6386.


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OSB Law Improvement Legislative Proposals for 2025 Due April 1

Every other year, during the legislative session held in an odd-numbered year, the OSB has the opportunity to introduce a package of law improvement legislation, which includes bills proposed by OSB sections and committees. These proposals often address mistakes in statute or amend laws to conform to court decisions or changing court practices.

Additional information on the OSB’s Law Improvement Program can be found on the OSB website.

OSB sections interested in proposing legislation for the 2025 legislative session have an April 1, 2024 deadline to provide those proposals to the OSB Public Affairs Department. Sections are limited to no more than three proposals, and each must be approved by the section executive committee.

Sections that are currently exploring making such a proposal should contact Amy Zubko at [email protected] for more information.


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Dates of Interest

February 22 – OSB President’s Reception at the Salem Convention Center.

March 10 – Constitutional sine die: The legislature must adjourn by this date.

March 12 – Filing deadline for the 2024 election.

April 1 – Deadline for OSB sections to propose legislation for the 2025 session.


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Archives



Thank you for reading the Oregon State Bar’s CAPITOL INSIDER.
The archives are available here.

2024 Oregon State Bar Officers and Public Affairs Chair



David Rosen,
President, Oregon State Bar
Myah Kehoe,
President Elect, Oregon State Bar
Lee Ann Donaldson,
Immediate Past President, Oregon State Bar
Curtis Peterson,
Chair, Public Affairs Committee, Oregon State Bar Board of Governors

For questions about articles, legislation, or the legislative process, please contact:


Susan Grabe, Chief Communications and Public Affairs Officer
Amy Zubko, Director of Public Affairs 

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January 25, 2024

Legislative Concepts Shared with Interim Committees During January Legislative Days

Last week the Legislature met over three days to discuss the upcoming legislative session.  Meetings were held on January 10th, January 11th, and January 12th. Topics of discussion touched on a number of policy issues, from proposals to fund wildfire protection to discussion regarding Ballot Measure 110. While the Senate did not hold a floor session, legislators were busy with full days of committee meetings and a deadline to submit proposed legislation for the 2024 Legislative Session by Friday, January 12 at 5:00 p.m. Because of the threat of inclement weather, the third day of the January Legislative Days was held, in part, remotely to allow legislators, staff, and members of the public to avoid potentially dangerous travel conditions.

During Legislative Days, there were a number of opportunities for legislators to share their proposed legislative concepts. Similar to previous short sessions, legislators are limited, for the most part, to introducing two bills, and committees are limited to introducing three bills. While many concepts were shared during the hearings, not all proposals were discussed during Legislative Days and additional concepts may be introduced in the coming weeks. The Oregon Legislative Information System (OLIS) is expected to be updated with the concepts, organized by bill number, before the first day of the session on February 5, 2024.

For those interested in reviewing the legislative concepts prior to the legislative session, many of the concepts from both committees and legislators have been shared as part of the committee materials for a hearing held on a specific date. Until OLIS is updated, these concepts can be found posted under the “Meeting Materials” tab under each committee’s meeting date. For example, to find proposed concepts under the House Judiciary Committee, visit the Interim House Judiciary Committee meeting page on January 12, 2024, which can be found here. Legislative Concepts are labeled “LC.”


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Senate and House Judiciary Committee Members Announced for 2024 Legislative Session

The membership of the 2024 House and Senate Judiciary Committees was announced in the new year. With the exception of former Representative Lily Morgan, who has stepped down from the legislature, and  Representative Dwayne Yunker, who was appointed to complete her term, the membership on the committees remains the same.

Senate Judiciary Committee

Chair Senator Floyd Prozanski

Vice-Chair Senator Kim Thatcher

Senator Sara Gelser Blouin

Senator Dennis Linthicum

Senator James Manning Jr.

House Judiciary Committee

Chair Representative Jason Kropf

Vice-Chair Representative Tom Andersen

Vice-Chair Representative Kim Wallan

Representative Janelle Bynum

Representative Farrah Chaichi

Representative Charlie Conrad

Representative Rick Lewis

Representative Lisa Reynolds

Representative Thuy Tran

Representative Dwayne Yunker


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Interim Senate and House Judiciary Meet Jointly During January Legislative Days

During the January Legislative Days, the Interim House and Senate Judiciary Committees met jointly on Friday afternoon. Because of the weather, the committees met remotely. During the hearing, each committee voted to introduce their committee bills. In addition, the committees held a number of informational hearings on issues of interest.

The Interim Senate Judiciary Committee voted to introduce three bills. The legislative concepts include:

    • LC 218 – Relating to construction agreements
    • LC 228 – Relating to civil matters (see “Summary of Committee Legislative Concepts for 2024” in Meeting Materials for more information)
      • Consumer Data Privacy
      • Privacy protections for minors’ personal injury settlements
      • Temporary adjustments to the recreational immunity statutes
    • LC 202 – Relating to public safety
      • Designates abuse of a corpse that involves sexual activity as a sex crime
      • Clarifies that humane special agents are considered law enforcement officials for driver licenses and identification cards.

The Interim House Judiciary Committee voted to introduce three bills as well. The legislative concepts include:

    • LC 224 – Relating to cannabis
    • LC 256  – Relating to fingerprint retention
    • LC 260 – Relating to the Sexual Assault Task Force

During the hearing there were a number of informational hearings as well. Topics included:

    • Property tax foreclosure in light of the Tyler v. Hennepin County decision
    • A report from the Commission on Statewide Law Enforcement Standards of Conduct and Discipline
    • Parole reform
    • Senate Bill 337 – update on the Public Defense Crisis Plan

To review the materials, go to either the Interim House or Senate Judiciary Committee meeting held on January 12, 2024. To watch the hearing, click on the blue triangle surrounded by a circle in the upper left-hand side of the screen.


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Public Defense Services Commission is now Oregon Public Defense Commission

As of January 1, 2024, the Public Defense Services Commission has become the Oregon Public Defense Commission. Under Senate Bill 337, the Commission, made up of recommendations from the Senate President, the Speaker of the House, the Governor, and the Chief Justice, and appointed by the Chief Justice, will provide oversight of Oregon’s public defense system as it moves to its new structure. The Commission membership includes:

Oregon Judicial Department appointees:

    • Rob Harris
    • Susan Mandiberg
    • Judge Robert Selander (Retired)

Governor appointees:

    • Alton Harvey
    • Adrian “Addie” Smith
    • Jennifer Parrish Taylor

Senate President appointee:

    • Tom Lininger

House Speaker appointee:

    • Jennifer Nash

Joint House and Senate appointees:  

    • Peter Buckley

Nonvoting members:

    • Representative Paul Evans
    • Senator Floyd Prozanski
    • Brook Reinhard
    • Jasmine Wright

The Commission’s first meeting was held on January 5, 2024.

During Legislative Days, the Commission presented information to a number of committees on the transfer of responsibilities to the new structure, an update on the unrepresented persons crisis, administrative and operational projects including a case and financial management system, and a budget rebalance for the 2023–2025 biennial budget.


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Memorial for Edwin Peterson, retired Chief Justice of the Oregon Supreme Court, on February 5, 2024

Edwin Peterson, former Chief Justice on the Oregon Supreme Court, passed away on December 2. Justice Peterson served on the court from 1979 to 1993 and was the chief justice from 1983 to 1991. During his time on the court, Justice Peterson led the court’s efforts to organize the state court system under a statewide administrative structure, including development of uniform, statewide trial court rules to be used in all circuit courts, adoption of an electronic case management system, and statewide time standards.

He received numerous state and national awards for his work on diversity, professionalism, and court administration. Peterson was the first recipient of the Oregon State Bar Edwin J. Peterson Professionalism Award in 2003. In 1998 he was awarded the Lewis F. Powell, Jr. Award for Professionalism and Ethics by the American Inns of Court, which was conferred at the U.S. Supreme Court.

Justice Peterson is survived by his wife, Anna Peterson, and two grown children. A memorial service will be held on February 5, 2024, at 11:00 a.m. at St. Paul’s Episcopal Church, 1444 Liberty Street SE, Salem.


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Update on File and Serve Electronic Service

The electronic filing vendor for Oregon’s circuit courts and the Oregon Tax Court, Tyler Technologies, has changed how individuals who are served through File & Serve access documents. Previously, after the court accepted a document, File & Serve would send the individuals served by the filer an email with a direct link to the filed document. Now, after the court accepts a document, File & Serve will send an email that includes a field that requires the individuals served by the filer to enter their email address before they can download the document.

This is a recent change, and we are still gathering more information from our vendor. If you encounter issues, please contact Tyler Technologies’ support team https://odysseyfileandserve.zendesk.com/hc/en-us/requests/new. If, after contacting Tyler Technologies’ support team, you still have questions or concerns, please reach out to Sam Dupree at [email protected]; or (971) 283-1133.


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Archives



Thank you for reading the Oregon State Bar’s CAPITOL INSIDER.
The archives are available here.

2024 Oregon State Bar Officers and Public Affairs Chair



David Rosen,
President, Oregon State Bar
Myah Kehoe,
President Elect, Oregon State Bar
Lee Ann Donaldson,
Immediate Past President, Oregon State Bar
Curtis Peterson,
Chair, Public Affairs Committee, Oregon State Bar Board of Governors

For questions about articles, legislation, or the legislative process, please contact:


Susan Grabe, Chief Communications and Public Affairs Officer
Amy Zubko, Director of Public Affairs 

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December 29, 2023

Gearing Up for the 2024 Legislative Session

The 2024 Legislative Session is fast approaching. While the session will formally open on February 5, 2024, bills must be filed with the Secretary of the Senate or the Chief Clerk of the House by January 8, 2024 and pre-session Organizational Days are scheduled for the first full week of January.

Legislative sessions held in even-numbered years are short, lasting no more than 35 calendar days and are traditionally focused on budget issues and outstanding policy issues from the previous legislative session. This year the short session will end on March 10, 2024 and the first deadline for moving legislation through the process falls on February 12, 2024, just seven days after the opening of session. Because of the limited amount of time, it can be difficult to pass legislation that has not been worked out prior to the beginning of session.

The Governor shared her priorities for the session including $600 million for housing and homelessness, $19 million to the Oregon Department of Transportation to cover a budget shortfall, and a discussion of education funding.  Other areas of focus may include behavioral health, community corrections, and Ballot Measure 110.

With a few exceptions, the bar has not sponsored legislation during a short session in an even-numbered year. However, just as it has in years past, the bar will monitor proposed legislation and react as necessary.


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Board of Governors adopts OSB 2024 Priorities and Guidelines

This fall, the Oregon State Bar’s Board of Governors adopted its legislative priorities for 2024. The priorities stem in part from the actions of the House of Delegates and the resolutions passed during the annual meeting in October.

At its November meeting, the Oregon State Bar Board of Governors adopted priorities for the 2024 legislative session:

    • Support stable funding for Oregon’s courts.
    • Support civil and immigration legal services for lower income Oregonians.
    • Partner with stakeholders in support of a healthy and functioning justice system for all Oregonians, including a robust public defense system.

In addition, the Board of Governors adopted the 2024 Legislative Guidelines which can be found here.


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2025 OSB Law Improvement Program

Is your section or committee interested in the legislative process? Is there a statutory fix that needs to be made? It may feel like the 2023 legislative session just ended, but it’s time to start planning for the 2025 legislative session. The Oregon State Bar Law Improvement Program (LIP) is an avenue for Bar sections and committees to participate in the legislative process. Law improvement legislation includes proposals to clarify statutory ambiguities, to modify unforeseen glitches in major legislation passed in previous sessions, and to codify case law as necessary. In 2023, Bar members successfully advocated to update the process for notices of appeal, updated the Uniform Voidable Transfer Act, and updated statutory language for the licensed paralegal program.

The Public Affairs Committee (PAC) of the Board of Governors oversees the Bar’s legislative activities and establishes priorities on public policy issues important to the legal profession. The PAC, chaired by Gabe Chase in 2023 and Curtis Peterson in 2024, is made up of eight members of the Board of Governors.

If your Bar group intends to propose legislation for the 2025 legislative session, proposals should be submitted to the PAC through the Public Affairs Department by April 1, 2024, for review, approval, and potentially pre-session drafting and filing. Bar legislative activities involve the regulation of the legal profession or the improvement of the quality of legal services available to the people of Oregon.

If a section or committee has questions about the LIP program or is interested in submitting a legislative concept for consideration, please contact Susan Grabe ([email protected]) or Amy Zubko ([email protected]).


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Effective Date of Legislation from the 2023 Legislative Session

In Oregon, the default effective date for a bill that passes the legislature and is signed by the Governor is January 1. Legislation that passed during the 2023 legislative session without a specifically noted effective date in the text of the legislation will go into effect next week, on January 1, 2024.

Information on bills can be found in the Oregon Legislative Information System. For bills passed during the 2023 Legislative Session, click on the “Bills” icon in the upper right hand corner and enter the bill number. For a quick analysis of legislation tracked by the Oregon State Bar, look for the 2023 issue of Legislation Highlights, published this fall and available on the bar’s website.


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Dates of Interest 

Organizational Days January 10 – 12, 2024
First Day of Legislative Session February 5, 2024
Revenue Forecast February 7, 2024
Constitutional End of Legislative Session March 10, 2024
Filing Deadline for 2024 General Election March 12, 2024

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Archives



Thank you for reading the Oregon State Bar’s CAPITOL INSIDER.
The archives are available here.

2023 Oregon State Bar Officers and Public Affairs Chair



Lee Ann Donaldson,
President, Oregon State Bar
David Rosen,
President Elect, Oregon State Bar
Kamron Graham,
Immediate Past President, Oregon State Bar
Gabriel Chase,
Chair, Public Affairs Committee, Oregon State Bar Board of Governors

For questions about articles, legislation, or the legislative process, please contact:


Susan Grabe, Chief Communications and Public Affairs Officer
Amy Zubko, Director of Public Affairs 

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August 23, 2023

Senate Interim Committee Membership Announced 

The Oregon Senate published its 2023–2024 interim committee assignments for legislators. The list, which can be found here, include assignments to many of the committees that historically have reviewed bar legislation, including the Senate Judiciary Committees and the Ways and Means Public Safety Subcommittee. House committee assignments are expected to be published in the coming weeks.

Senate Interim Judiciary Committee

    • Floyd Prozanski, Chair
    • Kim Thatcher, Vice Chair
    • James Manning, Jr.
    • Dennis Linthicum
    • Sara Gelser Blouin

Joint Interim Committee on Ways and Means Interim Subcommittee on Public Safety

    • Janeen Sollman, Co-Chair
    • David Brock Smith
    • Chris Gorsek

Committee assignments for the legally trained legislators are posted on OLIS, click on the name of the legislator below. House interim committee assignments are expected to be published in the coming weeks.


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House of Delegates Will Meet on October 27, 2023

The annual House of Delegates (HOD) meeting provides Oregon lawyers the opportunity to approve increases to annual licensing fees, approve changes to the Oregon Rules of Professional Conduct, modify or rescind actions of the Board of Governors, and direct the Board of Governors in future actions.

This year, the HOD is scheduled to meet on October 27, 2023. On July 29, 2023, the Oregon State Bar held an orientation meeting (https://www.osbar.org/leadership/hod/meeting.html). The HOD includes approximately 240 members elected from the bar licensees. To meet quorum requirements, at least 50% plus 1 will need to attend.

Proposed resolutions are due to the Oregon State Bar by September 12, 2023, at 5:00 p.m.

For more information on the HOD meeting, the proposed resolutions, and reports from the Board of Governors, please visit the Oregon State Bar’s HOD webpage (https://www.osbar.org/leadership/hod/).


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2023 Legislation Highlights to be Published this Fall

This fall the Oregon State Bar will be releasing the 2023 Oregon Legislation Highlights.

Each year, the bar produces a book detailing many of the more significant bills passed by the legislature during the recently completed session. Bill summaries are arranged by topic, allowing lawyers to easily review those that may be relevant to their practice. Summaries are authored by volunteer attorneys who are experienced in the area of law on which they are writing, and often include useful practice tips for lawyers who are working with the new laws. Legislation Highlights is available free online for bar members through BarBooks. Editions from previous years are also available and can be an invaluable tool for a lawyer researching past legislation. If you have any questions or need more information about the 2023 Legislation Highlights, please contact OSB Public Affairs.


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Archives



Thank you for reading the Oregon State Bar’s CAPITOL INSIDER.
The archives are available here.

2023 Oregon State Bar Officers and Public Affairs Chair



Lee Ann Donaldson,
President, Oregon State Bar
David Rosen,
President Elect, Oregon State Bar
Kamron Graham,
Immediate Past President, Oregon State Bar
Gabriel Chase,
Chair, Public Affairs Committee, Oregon State Bar Board of Governors

For questions about articles, legislation, or the legislative process, please contact:


Susan Grabe, Public Affairs Director
Amy Zubko, Director of Public Affairs

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June 29, 2023

Courthouse Construction Investments Continue in 2023-2025 Legislative Session

This session, the legislature continued to provide bonding authority for the renovation or replacement of Oregon’s courthouses. This project, which has been ongoing for more than a decade, is a partnership between the Oregon Judicial Department, the Oregon Legislature, and the counties where the courthouses are located. This biennium, the legislature provided bonding authority and a state match for a number of counties to move forward with their courthouse plans.

Four courthouses received bonding authority to replace their existing courthouses. The four courthouses are located in Clackamas, Morrow, Curry, and Benton Counties. In addition, two courthouses, in Deschutes and Columbia Counties, received bonding authority for renovations. For each of these courthouses, the county will provide matching funds to support the cost of the project.

In addition to the state bonding authority, three counties received one-time federal funding from the American Rescue Plan Act for renovations or replacement planning. The three counties are Harney, Umatilla, and Hood River.

 


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Legislators Return for Floor Votes

This legislative session, after approximately six weeks of failing to meet the quorum requirements because of a Senate Republican and Independent walkout, ended in a flurry of votes over the last eight days. While the Senate had been unable to vote bills off the floor and through their chamber, committee meetings had continued throughout the six weeks, allowing many bills to move through the process. Bills of interest that had been sitting in the backlog in the Senate included:

Senate Bill 11: Requires certain executive department boards or commissions that conduct public meetings through electronic means to record and promptly publish recording on website or hosting service so that public may observe or listen to meetings free of charge.

Senate Bill 428: Modifies pay equity requirements for employers. Removes certain provisions relating to obligations, rights and remedies under pay equity laws. Makes conforming amendments. Declares emergency, effective on passage.

Senate Bill 619: Permits consumers to obtain from 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 or any personal data and copy of all of consumer’s personal data that controller has processed or is processing.

Senate Bill 807: Provides procedure whereby elected judge may challenge party, attorney, law firm, district attorney’s office, defense consortium or public defender’s office that files motions to disqualify judge that effectively deny judge assignment to criminal or juvenile delinquency docket.

Each of these bills successfully passed out of the legislature and are headed to the Governor’s desk for her signature.


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Public Defense Restructure Passes Legislature

Senate Bill 337, the bill to restructure the public defense system in Oregon, passed out of the Senate and House in the waning days of session. The bill, which included funding for a number of components of the new Oregon Public Defense Commission (OPDC), will have a staggered implementation. Dates of interest include:

2023

    • Takes effect upon passage.
    • Requires the development and implementation of a “coordinated public safety unrepresented defendant crisis plan” by September 1, 2023.
    • Requires the Oregon Criminal Justice Commission to report back to the legislature on the plans by October 1, 2023.

2024

    • Modifies the OPDC appointment process beginning January 1, 2024.
    • Requires the OPDC to hire trial-level attorneys beginning January 1, 2024.
    • Requires the OPDC to promulgate and enforce standards, provide oversight, collect data, and report back to the legislature beginning January 1, 2024.

2025

    • Abolishes the Office of Public Defense Services on January 1, 2025.
    • Transfers the OPDC from the Judicial Branch to the Executive Branch on January 1, 2025.
    • Requires the OPDC to contract directly with attorneys as of July 1, 2025.
    • Disallows incentives or disincentives that may interfere with effective assistance of counsel as of July 1, 2025.
    • The OPDC and the Executive Director serve at the pleasure of the Governor from January 1, 2025, to July 1, 2027.

2027

    • Prohibits subcontracting, with the exception of nonprofits, as of July 1, 2027.
    • The Executive Director serves at the pleasure of the voting members of the OPDC beginning July 1, 2027.
    • OPDC members may be removed from office by the Governor only for inefficiency, neglect of duty, or malfeasance in office beginning July 1, 2027.

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How a Bill Becomes a Law

On Sunday, June 25, 2023, the House and Senate adjourned sine die and the legislative session closed. After the legislature adjourns, there are still a few steps each piece of legislation needs to complete.

Governor’s Signature. During the legislative session, the Governor has five days (including holidays but excluding weekends) to veto whole bills or “single items in appropriation bills.” Or Const, Art V, §§ 15a, 15b(3). For bills that are passed in the last five days of session, the Governor has 30 days (including holidays but excluding weekends) to veto a bill. A bill may pass without the Governor’s signature. If the 30 days have passed and the Governor has not vetoed the bill, it is presumed signed. Or Const, Art V, § 15b(3).

Effective Date. In Oregon, the default effective date for a bill is January 1 of the following year. ORS 171.022. See generally Or Const, Art IV, § 28 (without an emergency clause, a bill cannot take effect until 90 days “from the end of the session”). This session, a bill without a specifically noted effective date in the text of the legislation will have an effective date of January 1, 2024.

Some bills, many of them from the legislature’s budget committee, the Joint Ways and Means Committee, will have an emergency clause. An emergency clause makes the bill effective upon passage, that is, when either the Governor proactively signs the bill or either 5 or 30 days have passed and the bill was not vetoed.

Other bills, for example, bills that raise revenue, can have an effective date of 91 days after sine die.

The fourth option is to have a specific effective date identified within the text of the bill. In some circumstances, different sections of a bill will have different effective dates. Also, some bills will have both an effective date and an operative date. In many circumstances, this is used to allow state agencies the opportunity to develop administrative rules.

Resources. Information on a bill can be found in the Oregon Legislative Information System. For bills passed during the 2023 Legislative Session, click on the “Bills” icon in the upper right-hand corner and enter the bill number. For a quick analysis of legislation tracked by the Oregon State Bar, look for the 2023 issue of Legislation Highlights, which will be published this fall.


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Upcoming Dates of Interest 

    • Wednesday, October 25, 2023. Celebrate Oregon Lawyers (The Sentinel Hotel, 5:00 – 7:00 pm).
    • Friday, October 27, 2023. House of Delegates Meeting (Oregon State Bar, 9:00 am).

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Archives



Thank you for reading the Oregon State Bar’s CAPITOL INSIDER.
The archives are available here.

2023 Oregon State Bar Officers and Public Affairs Chair



Lee Ann Donaldson,
President, Oregon State Bar
David Rosen,
President Elect, Oregon State Bar
Kamron Graham,
Immediate Past President, Oregon State Bar
Gabriel Chase,
Chair, Public Affairs Committee, Oregon State Bar Board of Governors

For questions about articles, legislation, or the legislative process, please contact:


Susan Grabe, Public Affairs Director
Amy Zubko, Public Affairs Legislative Attorney

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June 9, 2023

Public Defense Bills Pass Out of Committee

On June 9, the Joint Ways and Means Committee passed out two bills addressing Oregon’s public defense system. The first, SB 337, included a restructure of Oregon’s public defense commission. The second, SB 5532, is the budget bill for the new commission.

An overview of the changes made by SB 337 can be found in the previous Capitol Insider here. In addition, the bill was amended during a subcommittee committee meeting on June 6. Earlier this session, SB 1093, which creates regional task forces to address the unrepresented persons crisis, received a public hearing in the Subcommittee on Public Safety. This proposal was amended into SB 337 during the hearing on the 6th.

Under the amendment, the presiding judge of each judicial district with a population over 100,000 is charged with creating a crisis team made up of the presiding judge, district attorneys, and the public defense services executive director or designee, to create a “coordinated public safety unrepresented defendant crisis plan” to submit to the Oregon Criminal Justice Commission. A report is due back to the legislature in the fall of 2023.

SB 5532, the public defense budget bill, provides $535.5 million for the public defense commission for the 2023–2025 biennium. This is a total funds increase of 14.8 percent over the 2021–2023 legislatively approved budget.

Among other investments and technical adjustments, the bill includes new or continued investments to address the following:

    • caseload adjustments;
    • unrepresented defendant/person crisis;
    • nonunanimous jury convictions;
    • conversion of limited duration to permanent positions;
    • the costs of county discovery costs.

In addition to the funding included in the budget, the public defense commission has been directed through three Budget Notes (page two of document) to do the following:

    • Comprehensive Remediation Plan – report back to the legislature on the commission’s restructuring and modernization efforts.
    • Quality Measurement Plan – develop a quality measurement plan for public defense and associated Key Performance Measures and Indicators.
    • Internal Audit Function – report back to the legislature on internal audits, audits of provider contracts, and audit plans for the 2023–2025 biennium.

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End of Session Policy Packages Moving through Ways and Means Committees

This session, because of the Senate’s inability to reach quorum and vote during floor sessions, a number of legislative priorities have been repackaged into policy packages within a bill focused on a single overarching subject matter. The legislature has created five separate bills focused on housing, water resources, health care, climate, and economic development. Each bill contains a number of legislative concepts.

    • HB 3124 – Requires Water Resources Department to study drought. This bill has been assigned to the Subcommittee on Natural Resources but has not yet been scheduled for a hearing or work session.
    • HB 3395 – Requires Housing and Community Services Department to study housing. This bill is scheduled for a work session in the Subcommittee on Capital Construction on June 9, 2023.
    • HB 3396 – Requires Oregon Health Authority to study access to health care in Oregon. This bill is scheduled for a public hearing and work session in the Subcommittee on Capital Construction on June 9, 2023.
    • HB 3409 – Requires Department of Environmental Quality to study climate. This bill passed out of the Subcommittee on Natural Resources on June 8, 2023.
    • HB 3410 A – Appropriates moneys to Higher Education Coordinating Commission for distribution for purposes related to outdoor recreation economy. This bill moved out of the full Ways and Means Committee on June 2, 2023 and passed the House on June 8, 2023.

Of the five bills, two have been voted out of the subcommittee and two are scheduled for review in the subcommittee on Capital Construction on June 9, 2023. The Legislative Fiscal Office (LFO) has provided an index of programs within each bill that has been scheduled and the identified funding. To review the document, go to the bill link and then the “Analysis tab” on the ribbon. The LFO document will be accessible under that tab.

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Legislature Introduces Bill to Create Independent Public Service Compensation Commission

On June 6, 2023 the Senate Rules Committee introduced Legislative Concept (LC) 4412 to create the Independent Public Service Compensation Commission. If passed, the commission will be tasked with determining the salaries of public elected officials including:

    • Governor
    • Secretary of State
    • State Treasurer
    • Attorney General
    • BOLI Commissioner
    • Oregon Supreme Court Justices
    • Oregon Judges
    • State Senators
    • State Representatives

The proposed commission is limited and may not include officers or employees of the State of Oregon, lobbyists, and their immediate family members. The legislature may add additional criteria for commission membership. Under the proposal, funding for the salaries for the public officials will be drawn from the state’s General Fund based on the recommendations of the commission. If passed, LC 4412 is a constitutional amendment and will be referred to the ballot for consideration.

This session the Oregon Judicial Department introduced SB 233 to increase judicial compensation for trial and appellate court judges in Oregon. The bill is currently in the Joint Ways and Means Committee and has not been scheduled for a public hearing or work session.

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Archives



Thank you for reading the Oregon State Bar’s CAPITOL INSIDER.
The archives are available here.

2023 Oregon State Bar Officers and Public Affairs Chair



Lee Ann Donaldson,
President, Oregon State Bar
David Rosen,
President Elect, Oregon State Bar
Kamron Graham,
Immediate Past President, Oregon State Bar
Gabriel Chase,
Chair, Public Affairs Committee, Oregon State Bar Board of Governors

For questions about articles, legislation, or the legislative process, please contact:


Susan Grabe, Public Affairs Director
Amy Zubko, Public Affairs Legislative Attorney

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June 1, 2023

Oregon Judicial Department Budget Passes Out of Ways and Means Committee

On May 31, the Oregon Judicial Department (OJD) budget for the 2023–2025 biennium passed out of the Joint Ways and Means Committee. The bill, SB 5512, provides approximately $750 million in total funds to the OJD for the two-year period. This includes an increase in the General Fund funding over the 2021–2023 legislatively approved budget and is more than the proposed 2023–2025 current-service-level budget.

The recommended budget includes new or continued investments in

    • the pretrial release program;
    • protective proceedings;
    • expunction;
    • remote proceedings;
    • compensation plan changes;
    • collaborative grants and agreements; and
    • the backfill of a revenue shortfall in the eCourt program, among other less material changes.

An overview of the funding provided in SB 5512 can be found here. In the coming weeks, the legislature may make additional changes to the state budget, and further funding for OJD programs and projects may be added. Any updates will be included in future issues of the Capitol Insider.

Thank you to the members of the Campaign for Court Funding for all of your outreach in support of court funding this biennium! We look forward to continuing to work with you on this important project.


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Restructure of Public Defense Services Commission Passes Out of the Senate Rules Committee 

On May 30, SB 337 passed out of the Senate Rules Committee after the bill was amended with the –A8 amendment. SB 337 contains the phased restructure of Oregon’s public defense system. The bill passed out of committee with a 3-2 vote and is on its way to the Joint Ways and Means Committee.

Not only does SB 337 as amended create a new entity to house Oregon’s public defense system, the Oregon Public Defense Commission, it restructures the membership of the Commission, moves the Commission from the judicial to the executive branch by January 3, 2025, modifies the pay structure, allows for the hiring of trial-level state employee attorneys, and directs the commission to contract with providers, promulgate standards, and report back to the legislature.

Recent amendments to the bill give the Governor the authority to remove Commission members for cause, provide that the Executive Director works at the pleasure of the Governor through 2027, and modifies commensurate pay requirements.

The next step for the bill is review by the Joint Ways and Means Committee where legislators will delve into the costs of the program. The proposed 2023 – 2025 Public Defense Services Commission budget, found in SB 5532, is currently in the Joint Ways and Means Committee Public Safety Subcommittee as well.


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Bills of Interest 

    • SB 234 – Expands authority of Chief Justice of Supreme Court to make rules for gathering specified information and identifying and evaluating disparities and impacts in justice system in Oregon.
    • SB 619 A – Permits consumers to obtain from 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 or any personal data and copy of all of consumer’s personal data that controller has processed or is processing.
    • SB 807 A – Provides procedure whereby elected judge may challenge party, attorney, law firm, district attorney’s office, defense consortium or public defender’s office that files motions to disqualify judge that effectively deny judge assignment to criminal or juvenile delinquency docket.
    • HB 2225 – Increases fees that may be charged for preparation of court transcripts.

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Annual Adjustment to Oregon Tort Claims Act and Wrongful Conviction Compensation 

Oregon Tort Claims Act

The Office of the State Court Administrator (OSCA) has calculated the annual adjustment to the limitations on liability of state and local public bodies for personal injury, death, and property damage or destruction. Based on these calculations, the limitations are adjusted as shown here.

The new limitations become effective on July 1, 2023, and apply to all causes of action arising on or after July 1, 2023, and before July 1, 2024. The OSCA opened a public comment period on the adjustments from March 10, 2023, to 5:00 p.m. on April 28, 2023. It received no public comment.

The OSCA makes these adjustments annually, as required by ORS 30.271(4), 30.272(4), and 30.273(3). A list of past and current limitations on liability of public bodies can be found on the OJD website at http://www.courts.oregon.gov/Pages/tort.aspx.

Wrongful Conviction Compensation

In 2022, the legislature passed SB 1584 (Oregon Laws 2022, chapter 105). The law allows a wrongfully convicted person to file a petition seeking compensation in the Marion County Circuit Court or in the circuit court for the county of conviction, and it directs the OSCA to adjust the compensation amounts annually according to the methodology described in the law. The adjusted amounts can be found here.

The new compensation amounts become effective on July 1, 2023. They apply to all petitions filed on or after July 1, 2023, and before July 1, 2024.

The OSCA opened a public comment period on the adjustments from March 10, 2023, to 5:00 p.m. on April 28, 2023. It received one public comment expressing an opinion that the wrongful conviction compensation amounts should be higher; however, the public comment did not contain any suggestion that the adjustments were incorrectly calculated under the statute.

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Archives



Thank you for reading the Oregon State Bar’s CAPITOL INSIDER.
The archives are available here.

2023 Oregon State Bar Officers and Public Affairs Chair



Lee Ann Donaldson,
President, Oregon State Bar
David Rosen,
President Elect, Oregon State Bar
Kamron Graham,
Immediate Past President, Oregon State Bar
Gabriel Chase,
Chair, Public Affairs Committee, Oregon State Bar Board of Governors

For questions about articles, legislation, or the legislative process, please contact:


Susan Grabe, Public Affairs Director
Amy Zubko, Public Affairs Legislative Attorney

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May 10, 2023

Oregon State Bar Bills Pass the Legislature

Over the last month, the Oregon State Bar’s law improvement bills have moved through the second chamber of the Legislature. At the time of publication, all eight of the Oregon State Bar’s Law Improvement Bills have been voted out of both chambers and have been sent to the Governor for her signature. The final deadline to move a bill out of a House policy committee is May 19, 2023.

    • Senate Bill 306 A – Modifies statutes to allow for nonattorney associate members of the Oregon State Bar to practice law in certain scope of practice.
    • Senate Bill 307 – Provides procedure by which party can present offer of judgment in arbitration proceeding.
    • Senate Bill 308 A – Changes title of “small estate affidavit” to “simple estate affidavit.” Modifies eligibility for simple estate affidavit to include estate of decedent dying testate if value of specific bequests does not exceed specified amount and residual beneficiary is decedent’s inter vivos trust.
    • Senate Bill 309 – Modifies number of weeks notice to interested persons in decedent’s estate must be published.
    • House Bill 2324 – Modifies provisions relating to mailing of notice of appeal.
    • House Bill 2325 – Allows public member of board of governors of Oregon State Bar to be elected as president or president-elect of board.
    • House Bill 2329 – Modifies execution formalities for appointment of person to make decisions concerning disposition of remains and for declaration for mental health treatment.
    • House Bill 2330 – Redesignates Uniform Fraudulent Transfer Act as Uniform Voidable Transactions Act.

Thank you to the section committee members and volunteers for your efforts to pass these bills through the legislative process.


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PDSC Budget Receives Public Hearing

This session, the Public Defense Services Commission (PDSC) proposed budget received a public hearing beginning April 17.  During the three days of hearings, the Joint Ways and Means Public Safety Subcommittee received testimony from the PDSC as well as a number of interested parties, including representatives from the Oregon Judicial Department, public defenders from throughout the state, the Oregon Criminal Defense Lawyers Association (OCDLA), and the Oregon State Bar, to name just a few. Thank you to Joe Piucci for testifying on behalf of the Board of Governors in support of SB 5532.

In addition to the testimony provided as part of the PDSC budget process, the Public Safety Subcommittee requested that the PDSC, the Oregon Judicial Department, the Oregon District Attorneys Association and representatives of public defenders in Oregon provide additional information on the unrepresented defendants/persons crisis in Oregon during an informational hearing on April 20.

Conversations about Oregon’s public defense system are ongoing. In addition to the proposed budget found in SB 5532, there are a handful of bills that could affect the delivery of criminal representation including: Senate Bill 337 A currently in the Senate Rules Committee, House Bill 2467 A currently in the Joint Ways and Means Committee, and Senate Bill 1093 currently in the Joint Ways and Means Committee Public Safety Subcommittee. An informational hearing on SB 337 will be held on May 11 in the Senate Rules Committee.


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Judicial Compensation Receives a Public Hearing

On April 27, Senate Bill 233 received a public hearing in the Senate Rules Committee.  The bill would increase the salaries for circuit and appellate judges in the Oregon Judicial Department. On May 4, the bill moved out of the committee and was sent to the Ways and Means Committee.

During the hearing, Chief Justice Megan Flynn, circuit court judges from around Oregon, representatives from the Oregon Association of Defense Counsel and the Oregon Trial Lawyers Association testified in support of the bill. Lee Ann Donaldson, 2023 President of the Oregon State Bar, also testified in support of the bill.


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Bar Members Testify at Ways and Means Roadshow

Every long session the Joint Ways and Means Committee hosts public hearings on the state budget at a variety of locations throughout the state with the goal of hearing from Oregonians who are unable to make the trip to Salem to testify in person.

Although the rise of remote conference technology has increased accessibility to the state legislative process, Oregon’s budget committee has continued to offer the opportunity for in-person testimony. This year, committee members travelled to Portland, Ontario, Roseburg, and Newport to receive testimony.

This year Joe Puicci (Portland), Chris Cauble (Roseburg), David Robinson (Newport), and Tim Helfrich (Ontario) testified in support of adequate funding for Oregon’s justice system and shared their support for state funding for the Oregon Judicial Department, Oregon’s indigent defense system, and Oregon’s civil legal aid programs.


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ABA Lobby Days Return to DC

This year the Oregon State Bar, along with Oregon’s civil legal service providers, participated in the American Bar Association’s annual Lobby Day. For the first time since 2019, the ABA Lobby Day was held in Washington DC rather than remotely.

The focus of this year’s Lobby Day was adequate funding for the federal Legal Services Commission, specifically a request to support an FY 2024 appropriation of $800 million dollars, the total amount in President Biden’s proposed budget for legal aid throughout the U.S.

OSB President-elect David Rosen, Ed Harnden (Campaign for Equal Justice), Ayla Ercin (Campaign for Equal Justice), Monica Goracke (Oregon Law Center), and Susan Grabe (Oregon State Bar) shared their support with Oregon’s federal delegation.

A meeting with Representative Bonamici during ABA Days. From left: OSB President-elect David Rosen, Ayla Ercin, Ed Harnden, Representative Suzanne Bonamici, Susan Grabe Front: Monica Goracke

A meeting with Representative Bentz during ABA Days. From left: Susan Grabe, Representative Cliff Bentz, OSB President-elect David Rosen, Ayla Ercin, Ed Harnden, Monica Goracke

 


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Bills of Interest

    • House Bill 3167– Modifies definitions to allow for publication of legal notices in digital newspaper.
    • House Bill 3294 A – Requires county clerk to replace recorded instrument with court-ordered version that redacts discriminatory language.
    • Senate Bill 234 – Expands authority of Chief Justice of Supreme Court to make rules for gathering specified information and identifying and evaluating disparities and impacts in justice system in Oregon.
    • Senate Bill 807 – Provides procedure whereby elected judge may challenge party, attorney, law firm, district attorney’s office, defense consortium or public defender’s office that files motions to disqualify judge that effectively deny judge assignment to criminal or juvenile delinquency docket.

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Archives



Thank you for reading the Oregon State Bar’s CAPITOL INSIDER.
The archives are available here.

2023 Oregon State Bar Officers and Public Affairs Chair



Lee Ann Donaldson,
President, Oregon State Bar
David Rosen,
President Elect, Oregon State Bar
Kamron Graham,
Immediate Past President, Oregon State Bar
Gabriel Chase,
Chair, Public Affairs Committee, Oregon State Bar Board of Governors

For questions about articles, legislation, or the legislative process, please contact:


Susan Grabe, Public Affairs Director
Amy Zubko, Public Affairs Legislative Attorney

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April 18, 2023

First Legislative Deadline Passes

On April 4, and with a few exceptions, the legislature completed its review of proposed legislation in each bill’s chamber of origin. Those bills that were not voted out of committee by the end of the day on the 4th died and will no longer be considered this legislative session.

If you are interested in a particular bill, go to the Oregon Legislative Information System (OLIS) (https://olis.oregonlegislature.gov/liz/2023R1#), click on “Bills” on the right-hand side, and enter the bill number. Those bills that did not receive a work session where the bill was voted out of committee by April 4, 2023, will not be moving forward this session. There are exceptions to this rule. For example, if a bill is currently in the Rules Committee, the Ways and Means Committee, or one of the Revenue Committees, the April 4 deadline does not apply.

Please find below a partial list of some of the bills that did not move forward this session. These concepts may be revived in an amendment later this session, or they may be reintroduced in the 2024 or 2025 legislative sessions.

Senate Bill 909– Updates and modernizes laws that govern formation, governance, operations and conversion of limited liability companies in this state and relations among members, managers and third parties with respect to limited liability companies in this state.

House Bill 2672– Establishes Public Law School Tuition Forgiveness program.

House Bill 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.

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Restructure of Oregon Public Defense System Moves to Ways and Means 

This session, the Oregon Legislature has continued its work to update and restructure the public defense system in Oregon. Since last May, the Three Branch Workgroup has met during the interim and during the legislative session to review the report and recommendations from the 6th Amendment Center and to consider Oregon’s unique needs.

On March 30th, the Senate Judiciary Committee held a public hearing on Senate Bill 337 A. The bill, originally introduced as a placeholder, was amended with the -1 amendment, which included a number of changes to the existing system. The bill, as amended, passed out of the Senate Judiciary Committee and was forwarded to the Joint Ways and Means Committee for additional review. Some of the proposed changes include

    • changing the name of the Public Defense Services Commission to the Oregon Public Defense Commission;
    • modifying the makeup of the commission, changing the appointment process, and specifying the qualifications of commission members;
    • identifying the duties of the commission;
    • transferring the commission from the Judicial to the Executive Branch; and
    • modifying the delivery model.

In addition to SB 337, the House Judiciary Committee forwarded House Bill 2467, which would provide additional services to public defense providers. Examples include legislative direction to increase wages for public defenders so they are commensurate with other state employees with similar responsibilities, as well as training and recruitment, a state-funded loan repayment and forgiveness program, grants to Oregon law schools to support recruitment efforts, and increased reporting requirements. HB 2467 moved out of the House Judiciary Committee on April 3rd and moved down to the Joint Ways and Means Committee for additional consideration.


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Bills of Interest 

House Bill 337 A – Directs Public Defense Services Commission to study ways to improve provision of public defense services within this state, and to provide results of study to interim committees of Legislative Assembly no later than December 31, 2024.

House Bill 3294 A – Requires county clerk to replace recorded instrument with court-ordered version that redacts discriminatory language.

House Bill 5532 – Appropriates moneys from General Fund to Public Defense Services Commission for certain biennial expenses

Senate Bill 233 – Increases salaries of state court judges.

Senate Bill 619 A – 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.


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Ways and Means Co-Chairs Release Proposed Budget Framework

Under Oregon’s constitution, the legislature must pass a balanced budget every two years. On March 23, the co-chairs of the Joint Ways and Means Committee released their 2023–2025 proposed budget framework. This proposed framework takes into account the current services provided by the state, the current economic and revenue forecasts, and unique needs in certain policy areas. This budget also takes into consideration the Governor’s proposed budget, which was released in early February.

This biennium, the co-chairs, Senator Elizabeth Steiner and Representative Tawna Sanchez, have released a budget that accounts for actions already taken by the current legislature. For example, the legislature already passed HB 2001, which provides significant funding for housing and homelessness throughout the state.

In addition, the co-chairs’ proposed budget incorporates cuts in the 2023–2025 budget that will result in partial funding for all three branches of government. The proposed Oregon Judicial Department’s budget is a 2.5% decrease in funding of the expected 2023–2025 current service level. While this is an increase in state funding over the current biennium, it will not fully fund the expected costs for the next biennium.

The co-chairs’ proposed framework recognizes that additional funding may be necessary for the Public Defense Services Commission. The Ways and Means Public Safety Committee will hold its first informational and public hearings on the Public Defense Services Commission 2023–2025 budget beginning on April 17, 2023. Hearings on HB 5532 will last until April 20.


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Thank you for reading the Oregon State Bar’s CAPITOL INSIDER.
The archives are available here.

2023 Oregon State Bar Officers and Public Affairs Chair



Lee Ann Donaldson,
President, Oregon State Bar
David Rosen,
President Elect, Oregon State Bar
Kamron Graham,
Immediate Past President, Oregon State Bar
Gabriel Chase,
Chair, Public Affairs Committee, Oregon State Bar Board of Governors

For questions about articles, legislation, or the legislative process, please contact:


Susan Grabe, Public Affairs Director
Amy Zubko, Public Affairs Legislative Attorney

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