Capitol Insider

SB 360, An Update to the Oregon Nonprofit Corporation Act (ORS Chapter 65), Moves through First Chamber

On March 4, the Oregon State Bar’s Nonprofit Organizations Law Section bill, SB 360 received a work session and passed out of the Senate Judiciary Committee. Senator Cliff Bentz (R-Ontario) carried the bill on the Senate floor, where it passed 24 to 2 (with 4 excused). The bill is now on its way to the House for consideration.

In 2014, the Nonprofit Organizations Law Section created a work group to review and update ORS Chapter 65, the Oregon Nonprofit Corporation Act. Over the last several years, the work group has reviewed the statute, solicited feedback from lawyers who work with nonprofits and the Nonprofit Association of Oregon, and updated and modernized the language. The work group had two guiding principles:

• • • • (1) Changes should clarify or improve the functioning of the statutory framework, but not make major policy changes to the legal structure for nonprofit corporations in Oregon.
      • (2) A nonprofit corporation should, with limited exceptions, be able to draft its own governance rules through its articles and bylaws. At the same time, certain rules will be mandatory and will be clearly identified as such in the statutes.

  In addition, SB 360 includes several provisions to combat abuses by anonymous shell corporations. The new provisions require more transparency and provide the state additional enforcement tools to combat fraud and other illicit activities.

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  House Judiciary Committee passes HB 2462 from the Military and Veterans Law Section out of committee

  On March 19 the House Judiciary Committee held a public hearing on HB 2462, a bill from the Military and Veterans Law Section. The bill, as amended with the -3 amendments, would require a court at the time of arraignment to inform a defendant that their status as a servicemember may make the defendant eligible for treatment programs, specialty courts, diversion or mitigated sentencing and that they may wish to speak to their attorney about these options. Jesse Barton, a member of the Military and Veterans Law section, testified in support of the bill. On March 27 the bill passed out of committee unanimously with the -3 amendments.

  Additionally, the bill specifies that a defendant’s status as a servicemember may not be used as an aggravating factor in sentencing, and permits a defendant to request that the court seal within the court file any information regarding a defendant’s status as a service member.

  Veterans involved with the criminal law system has been a focus of the Military and Veterans Law Section for several sessions. In 2010 the section worked to pass SB 999 which allowed for diversion for veterans in certain circumstances and in 2013, the section passed SB 124 which directs the court at sentencing to consider evidence received during a criminal proceeding regarding the defendant’s status as a servicemember in determining aggravation or mitigation.

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  Bills of Interest

  SB 113 – Authorizes court to award prevailing retail customers, who bring actions against vehicle dealers, attorney fees under certain circumstances.

  SB 421 – Prohibits insurer from receiving reimbursement or subrogation for personal injury protection benefits or health benefits insurer provided to person injured in motor vehicle accident from any recovery injured person obtains in action for damages except to extent that injured person first receives full compensation for injured person’s injuries and reimbursement or subrogation is paid only from amount of recovery in excess of amount that fully compensates for injured person’s injuries.

  SB 728 – Includes insurance in definition of real estate, goods, and services that are subject to penalties for unlawful trade practices.

  HB 2014 – Restricts limitation on award of noneconomic damages to claims in actions for wrongful death.

  HB 2517 – Prohibits state agencies from suspending or revoking license required to pursue commercial activity, trade, occupation, or profession because licensee is delinquent in paying student loan debt.

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  Senate Judiciary Committee Holds Hearings and Work Sessions on Proposed Family Law Legislation

  On March 6, 2019, the Senate Judiciary Committee held public hearings on a number of family law bills. During the hearing, legislators heard testimony on equal parenting time, appointing legal counsel for children in contested domestic relations proceedings, and creating a procedure for alternative dispute resolution for custody and parenting time modifications, among other topics.

  In 2016, the Senate Judiciary Committee convened a work group to review Oregon custody and parenting-time statutes. The work group included advocates; expert practitioners, including representatives from the OSB Family Law Section; judges; and stakeholders. Over the last few years, the work group took the opportunity to review current Oregon law and practice as well as statutes in other states, developments in case law, and research on best practices for child custody and parenting time.

  SB 318 – Creates rebuttable presumption that equal parenting time is in best interests of child. (Scheduled for a work session on April 4, 2019)

  SB 356 – Permits detailed parenting plan to include instructions regarding notification requirements for specified matters. (Passed the Senate as introduced on March 28, 2019)

  SB 371 – Establishes pilot programs for purpose of appointing legal counsel for children in contested domestic relations proceedings. (Passed out of committee with the -3 amendments on March 21, 2019)

  SB 385 – Directs presiding judge of each judicial district to establish alternative dispute resolution conference procedure for custody and parenting time modifications and enforcement proceedings. (Passed out of committee with the -3 amendments on March 21, 2019)

  SB 736 – Modifies terminology in domestic relations proceedings regarding custody of and parenting time with children. (Public Hearing held on March 6, 2019)

   

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  Justice Reinvestment Accountability and Equity Act Moves to the House Floor

  On March 14, 2019, the House Judiciary Committee held a public hearing on HB 3064. In 2013 the Oregon Legislature passed the Justice Reinvestment Act to support justice reinvestment efforts. The Act both changed the charging practices on specific crimes and allowed for public safety cost savings. Because of the savings from the Act, the state delayed building a new women’s prison in Oregon.

  HB 3064 as amended with the -1 amendment would update the Act. The bill would make a number of changes to the program, from expanding the Justice Reinvestment Grant Review Committee, to requiring the Criminal Justice Commission to assess the engagement of the counties in reducing use of prison beds. The bill gives the Criminal Justice Commission the ability to reduce, withhold, or redirect grant funds if counties have not reduced the use of imprisonment.

  The bill passed out of committee on March 21 with the -1 amendment.

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  Oregon State Bar Day at the Capitol

  Oregon State Bar Day at the Capitol
  Wednesday, May 8, 2019
  8:00am – 5:00pm
  Willamette University Hearings Room & OCJC Lobby
  900 State St, Salem, OR 97301

  If you are interested in attending this event, please contact Kellie Baumann at [email protected].

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  Archives

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

  2018 Public Affairs Committee Members

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  Eric Foster, Chair
  Eddie Medina, Vice Chair
  Whitney Boise
  John Bachofner
  Kate Denning
  Kamron Graham
  Bik-Na Han
  Michael Rondeau 

  Public Affairs Department

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  Susan Grabe, Public Affairs Director
  Amy Zubko, Public Affairs Legislative Attorney
  Matt Shields, Public Affairs Staff Attorney
  Kellie Baumann, Public Affairs Assistant

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Board of Governors Hosts 2019 President’s Reception in Salem

Every year, the Oregon State Bar’s Board of Governors holds its February meeting in Salem. This year, in conjunction with the legislative session, the BOG hosted the 2019 President’s Reception at the Salem Convention Center on February 21. 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 Christine Costantino, 2019 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.

The next OSB legislative event is the Oregon State Bar Day at the Capitol. Scheduled for May 8, 2019, this is an opportunity for practitioners to meet with legislators, experience the legislative process, and advocate for the Bar’s legislative priorities. Please contact Kellie Baumann at [email protected] for more information.

Eddie Medina, Senator Floyd Prozanski, Dawn Evans, and Eric Foster

OSB Past President Vanessa Nordyke, Representative Mike McLane, and OSB President Christine Costantino

John Bachofner and Justice Thomas A. Balmer

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Oregon State Bar Focuses on Consumer Protection in Salem

HB 2460 – Provides that transferee of homestead is not liable for amounts of outstanding deferred property taxes due on homestead if transferee receives no interest in real or personal property from estate.

HB 2588 – Requires certain persons that service student loans in this state to obtain or renew license.

HB 3022 – Makes various changes to workers’ compensation laws of this state.

SB 388 – Directs Governor or designee to notify presiding judge of circuit court of county of conviction within 10 days of granting pardon.

SB 608 – Prohibits landlord from terminating month-to-month tenancy without cause after 12 months of occupancy.

SB 681 – Prescribes optional form for supported decision-making agreement.

SB 684 – Specifies requirements for covered entities that own, license, maintain, store, manage, collect, process, acquire or otherwise possess personal information, and for vendors that provide services to covered entities, to notify consumers of breach of security.

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Chief Justice Hosts Court Funding Breakfast in Portland

On February 19 the Citizens Campaign for Court Funding (CCCF) held its first nonprofit breakfast at Mercy Corps in downtown Portland. The event, hosted by the Oregon State Bar and the Oregon Judicial Department, was an opportunity for nonprofit organizations throughout Oregon to meet with Chief Justice Martha Lee Walters and discuss the need for adequate funding for Oregon’s court system. Representatives from the American Federation of State, County and Municipal Employees (AFSCME), Central City Concern, the ACLU, the Oregon Law Center, Catholic Charities, and the Nonprofit Association of Oregon, among others, spent the morning discussing the challenges of providing needed services to Oregonians. Participants focused on the intersection of social services and the court system and the need to provide adequate funding across programs and agencies to strength the system as a whole.

Additional information on the CCCF can be found on its website.

Chief Justice Martha Lee Walters

OSB President Christine Costantino

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Legal Aid Funding Bill Moves Out of Committee

On February 18, the Senate Judiciary Committee held a public hearing and work session on Senate Bill 357. The bill increases the statutory allocation for state legal-aid funding, ties legal-aid funding to the consumer price index, and clarifies the Oregon State Bar’s commitment to the efforts of Oregon courts to ensure access to justice.

Amy Edwards, the president of the Oregon Law Center’s board of directors, Monica Goracke, the executive director of the Oregon Law Center, and Bill Penn, the associate director of the Oregon State Bar’s Legal Services Program and the associate director of the Oregon Law Foundation, testified in support of the bill. Each of the speakers focused on a different aspect of Oregon’s civil legal-aid services.

Discussion in committee ranged from the types of services provided by legal-aid attorneys, the regulatory and funding oversight provided by the OSB Legal Services Program, and the 2018 Legal Needs Study.

SB 357 moved out of committee with a unanimous vote and will now go to the Joint Committee on Ways and Means for further consideration.

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Important Dates

February 27, 2019 – Revenue Forecast
April 9, 2019 – First Chamber Deadline
May 8, 2019 – Oregon State Bar Day at the Capitol
May 24, 2019 – Second Chamber Deadline

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Oregon State Bar Testifies in Support of Increasing the Number of Judges in Oregon and Judicial Compensation

On the first day of session, the Oregon Judicial Department (OJD) provided an overview of Oregon’s court system to the Senate and House Judiciary Committees. During the hearings, Chief Justice Martha Lee Walters and State Court Administrator Nancy Cozine provided an overview of the OJD and answered questions from committee members. The presentation delved into the structure of the court system and the types and volume of the different cases that come before the courts. The OJD’s presentation can be found here.

In addition to an overview of the court system, the OJD presented three bills to the Judiciary Committees. In the morning, the Senate Judiciary Committee heard testimony in support of SB 186, which updates the references to the consumer price index for the Oregon Tort Claims Act. In the afternoon, the House Judiciary Committee heard testimony in support of increasing judicial compensation (HB 2238) and increasing the number of circuit court judges in Oregon (HB 2239). Supporting adequate and stable judicial funding is one of the OSB’s legislative priorities for the 2019 legislative session, and the Bar submitted testimony in support of both bills heard in the House Judiciary Committee. In addition, Mark Comstock, former Board of Governors member, and Lea Ann Easton, chair of the OSB’s work group tasked with updating The Specific Standards for Representation in Juvenile Dependency Cases traveled to the Capitol to testify in support of these two pieces of legislation.

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Oregon State Bar Focuses on Consumer Protection in Salem

On January 30, Christine Costantino, 2019 Oregon State Bar (OSB) President, and Amber Hollister, OSB General Counsel, traveled to Salem to represent the Bar. At the request of the House and Senate Judiciary Committees, they discussed the Bar’s 2019 Legislative Priorities and the 2019 Law Improvement Package, provided legislators with an overview of the OSB, and met with legislators. In addition, the Senate Judiciary Committee held a public hearing on SB 358, the 2019 Bar Act bill.

The presentation highlighted the Bar’s commitment to consumer protection, access to justice, and a fair and impartial judiciary. Legislators had an opportunity to learn about the Bar’s Lawyer Referral Service, including the Modest Means Program and the Military Assistance Panel; the Client Security Fund; and Bar member involvement with the Campaign for Equal Justice. The OSB looks forward to working on these important issues during the 2019 legislative session.

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Oregon State Bar Bills Receive First Hearing in Senate Judiciary Committee

On February 4, three of the OSB Law Improvement Program bills received a public hearing in the Senate Judiciary Committee. SB 359, the Business Law Section’s proposed bill to ratify defective corporate acts, received a public hearing and a work session and will move out of committee and to the Senate floor. SB 360, the Nonprofit Organizations Law Section’s proposed bill to update ORS Chapter 65, Oregon’s law on nonprofit corporations, received a public hearing. SB 361, the Sustainable Future Section’s proposed bill to update Oregon’s Prudent Investor Rule, also received a public hearing. Thank you to Valerie Sasaki and David Ludwig of the Business Law Section, Susan Bower of the Nonprofit Organizations Law Section, and June Wiyrick Flores of the Sustainable Future Section for making the trip to Salem on a snowy Monday morning.

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Bills of Interest

Oregon Judicial Department
HB 2238 – Modifies annual salaries of judges of Supreme Court, Court of Appeals, circuit courts and Oregon Tax Court.
HB 2239 – Increases number of circuit court judges in certain judicial districts.
HB 2240 – Authorizes State Court Administrator to establish Central Violations Bureau and designate employees to act as violations clerks.
HB 2241 – Authorizes Chief Justice of the Supreme Court to impose fees on public bodies for use of certain electronic court services.
SB 186 – Changes index for determining cost of living adjustments to limitations on damages under Oregon Tort Claims Act.
SB 187 – Provides that judicial marshal certified by Department of Public Safety Standards and Training qualifies as police officer under Public Employees Retirement System.

Oregon State Bar
SB 357 – Directs Oregon State Bar to include in Legal Services Program methods of evaluation of legal services providers and support for Judicial Department’s efforts to improve public access to and information about court system.
SB 358 – Removes provisions prohibiting Oregon State Bar from charging membership fees to members admitted to practice law for 50 years or more, modifies provisions relating to information provided to bar by Department of Revenue, and modifies provisions regarding submission of certification and disclosures for lawyer trust accounts.
SB 359 – Provides structure and procedures by which business corporations and nonprofit corporations may ratify and approve defective corporate actions.
SB 360 – Updates laws that govern nonprofit corporations in this state.
SB 361 – Modifies prudent investor rule to allow trustee to consider environmental, social and governance factors of investments when making investment decisions.
HB 2459 – Provides procedure for certain persons that hold interest in real property to request and obtain lien information statement that shows amounts necessary to satisfy encumbrance against real property from other person that holds encumbrance.
HB 2460 – Provides that transferee of homestead is not liable for amounts of outstanding deferred property taxes due on homestead if transferee receives no interest in real or personal property from estate.

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Save the Date

President’s Legislative Reception
Thursday, February 21, 2019
5:00pm – 7:00pm
Salem Convention Center
200 Commercial St SE, Salem, OR 97301

Oregon State Bar Day at the Capitol
Wednesday, May 8, 2019
8:00am – 5:00pm
Willamette University Hearings Room & OCJC Lobby
900 State St, Salem, OR 97301

If you are interested in attending either event, please contact Kellie Baumann at [email protected].

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Oregon Legislature Gears Up for 2019 Legislative Session

The 2019 legislative session begins Tuesday, January 22, 2019, and the legislature is gearing up.  Committee membership has been published, committee schedules have been released, and pre-session filed bills have been posted on the Oregon Legislative Information System (OLIS).

The Public Affairs Department is available to assist all Oregon State Bar sections and committees track proposed legislation. If a section or committee has already identified specific bills to follow, please contact Kellie Baumann in the Public Affairs Department at [email protected], to ensure that legislation is included in the section’s bill-tracking list.

As bills are introduced, the Public Affairs Department will review all proposed legislation and refer specific bills to groups that may be interested in the subject. Throughout the session, a section or committee’s legislative contact will likely receive periodic emails from the Public Affairs Department notifying him or her of bills that might interest the group.

Once a section or committee has identified bills to follow, those bills will be input into the group’s bill-tracking page. Each group has its own page on the Public Affairs Department’s 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.

If you have any questions about proposed legislation, do not hesitate to reach out to the Public Affairs Department. Proposed legislation will be posted on the Oregon Legislative Information System (OLIS).

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Proposed Changes to the UTCR – Request for Public Comment

The Uniform Trial Court Rules committee met on October 5, 2018, to review proposals to amend the UTCR and to make preliminary recommendations to the Chief Justice of the Oregon Supreme Court. A description of the proposals and action taken by the committee is posted at: http://www.courts.oregon.gov/programs/utcr/Pages/currentrules.aspx.

Proposals of special note address the certificate of document preparation; translations of exhibits; consumer debt-collection cases; exhibits in juvenile cases; filing of the DMV record; extreme-risk protection orders; notice of filing expedited matters; electronic signatures on declarations; and statewide postconviction-relief rules.

The committee encourages all interested parties to submit comments on the proposals. Comments can be posted at the web address mentioned above; mailed to the UTCR Reporter at the Office of the State Court Administrator, Supreme Court Building, 1163 State Street, Salem, Oregon 97301-2563; or emailed to [email protected]. In order to be considered by the committee, public comment must be received by the UTCR Reporter by 5:00 p.m. on February 22, 2019.

The committee will make final recommendations on these proposals at the next UTCR meeting on March 8, 2019, at 9:00 a.m.

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Oregon State Bar Adopts 2019 Legislative Priorities

On January 11, 2019, the Oregon State Bar’s Board of Governors met in Tigard. As part of their meeting, the Board adopted their 2019 Legislative Priorities. The Oregon State Bar looks forward to supporting its partners in the judicial branch in advocating for adequate funding for Oregon’s court system, civil legal aid, and indigent defense, as well as supporting the bar’s law improvement priorities.

1. Support Court Funding. Support for adequate funding for Oregon’s courts.

• • • Citizens Campaign for Court Funding. Support the statewide coalition of citizens, businesses, and community groups formed to ensure adequate and stable court funding.
    • Court Facilities Funding. Work with the legislature and the courts to make critical improvements to Oregon’s court facilities.
    • Judicial and Staff Resources. Support the request for additional judges and staff to ensure access to justice.

2. Support Legal Services for Low-Income Oregonians.

• • • Civil Legal Services. Increase the current level of funding for low-income legal services.
    • Indigent Defense.
    • • • Public Defense Services. Constitutionally and statutorily required representation of financially qualified individuals in Oregon’s criminal and juvenile justice systems:
          • Ensure funding sufficient to support adequate compensation for publicly funded attorneys in the criminal and juvenile justice systems.
          • Support reduced caseloads for attorneys representing parents and children.
          • Support efforts to ensure the right to counsel for adults at the trial level in Oregon.

3. Support OSB 2019 Law Improvement Package and Continue to Engage with Ongoing Legislative Work Group and Task Force Proposals.

Additional information on the budgets of the Oregon Judicial Department and the Public Defense Services Commission can be found on their websites.

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Oregon Law Commission Completes Report on Workplace Harassment in the Legislature

In the spring of 2018, the Oregon Legislature requested that the Oregon Law Commission “advise the Legislative Assembly on how best to revise its laws and policies related to workplace harassment.” Led by the chair, P.K. Runkles-Pearson of Miller Nash Graham & Dunn LLP, and a member of the Oregon Law Commission, the work group  conducted a review of the legislature’s process and policies for addressing workplace harassment. During the December 2018 legislative days the Oregon Law Commission submitted its final report from the Oregon State Capitol Workplace Harassment Work Group to the legislature for consideration.

After review of the legislature’s process and procedures, the work group organized its recommendations into two spheres: cultural change (Training and Culture) and enforcement (Workplace Harassment Policy). In addition, the work group provided a suggested definition of “workplace harassment” for consideration by the legislature and suggestions on implementing the work group’s recommendations.

The Oregon Legislature is expected to respond to the report during the 80th Legislative Assembly, which begins on January 22, 2019, and runs through June 2019.

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Judiciary Committee Meets in Salem during Legislative Days

Last week the Oregon Legislature met in Salem for December Legislative Days. This was the first meeting since the November election and conversations focused on proposed legislation for the 2019 legislative session. On Friday afternoon, both the Senate and the House Interim Judiciary Committees met to discuss a variety of issues that may arise in the Judiciary Committees during the upcoming session.

The meeting opened with the introduction of committee legislative concepts. Draft legislation can be found on the Oregon Legislative Information System (OLIS) under the Committees’ “Meeting Materials” pages (Senate Interim Committee on Judiciary, House Interim Committee on Judiciary).

The remainder of the meeting focused on a number of criminal justice issues, including:

• • • A preview of Kaylee’s Law (LC 644). Proposed legislation for the 2019 legislative session that formalizes and clarifies the role of campus public safety officers.
    • An update from the Law Enforcement Contacts Policy and Data Review Committee (LECC). A review of work that the LECC has completed, focusing on stop data, including data collection and law enforcement training.
    • Trauma-Informed Approaches in the Justice System. A discussion of the need for training for law enforcement in victim-centered, trauma-informed practices.
    • Crime Rates of Unlawful Use of a Motor Vehicle. A review of Oregon and national data.
    • Sixth Amendment Center Review of Oregon Public Defense Services. A presentation of the findings and recommendations regarding Oregon’s public defense services. The final report will be released in the new year.
    • Post-Conviction DNA Testing. Proposed legislation for the 2019 Legislative Session that would streamline Oregon’s DNA testing statute and make testing more accessible.

To watch the hearing, please go to OLIS for the recording.

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Grand Jury Recording – Reports to the Oregon Legislature

During the 2017 legislative session, the Legislature passed SB 505 (2017). The bill created a pilot project in three counties, Deschutes, Jackson, and Multnomah, to require the recording of grand jury proceedings beginning in March 2018. The remaining counties are required to begin recording grand jury proceedings on July 1, 2019.

The responsibility for grand jury proceedings is split between the Public Defense Services Commission, the Oregon Judicial Department, and the district attorneys. Over the course of the December Legislative Days, all three had the opportunity to present reports on their experiences and the impact of the grand jury recording requirement.

The Public Defense Services Commission identified cost of recordings, cost of transcription, and attorney workload in a preliminary report to the Legislature as areas to watch. The district attorneys requested funding to cover costs for the three pilot counties. The Oregon Judicial Department identified preliminary hearings, grand jury transcripts, protective orders, and possibly shorthand reporters as areas of interest. As the remaining districts prepare to record grand jury proceedings, the use of preliminary hearings will continue to be explored.

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Committee Assignments for the 2019 Legislative Session

This week, the Oregon Legislature released the committee assignments for the 2019 Legislative Session. While the Legislature’s budget writers for the 2019 Legislative Session had already been announced, Senate and House leadership waited until after the 2018 election and caucus meetings to determine committee assignments.

Many of the issues that Bar members track flow through the Senate and House Judiciary Committees as well as the Public Safety Subcommittee of the Ways and Means Committee.

House Judiciary Committee
Rep. Jennifer Williamson, Chair
Rep. Chris Gorsek, Vice Chair
Rep. Sherrie Sprenger, Vice Chair
Rep. Jeff Barker
Rep. Janelle Bynum
Rep. Mitch Greenlick
Rep. Rick Lewis
Rep. Mike Mclane
Rep. Carla Piluso
Rep. Bill Post
Rep. Karin Power

Senate Judiciary Committee
Sen. Floyd Prozanski, Chair
Sen. Kim Thatcher, Vice Chair
Sen. Sara Gelser
Sen. Dennis Linthicum
Sen. James Manning Jr.
Sen. Cliff Bentz
Sen. Shemia Fagan

Ways and Means Public Safety Subcommittee
Rep. Carla Piluso, Co-Chair
Sen. Jackie Winters, Co-Chair
Rep. Janelle Bynum
Sen. Dennis Linthicum
Rep. Gary Leif
Sen. James Manning Jr.
Rep. Tawna Sanchez
Rep. Duane Stark

Joint Ways and Means Co-Chairs
Sen. Betsy Johnson, Co-Chair
Sen. Elizabeth Steiner-Hayward, Co-Chair
Rep. Dan Rayfield, Co-Chair

For a complete list of House committee assignments, visit the Oregon State Legislature’s website here. For a complete list of Senate committee assignments, visit the Oregon State Legislature’s website here.

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Government Relations Listserve (GRList)

Are you interested in government relations in Oregon? Are you an Oregon lawyer engaged in the legislative or rulemaking process? If yes, consider joining the new Government Relations Listserve (GRList).

The GRList is for attorneys that practice or have an interest in government relations in Oregon. The opt-in listserve will provide a forum for attorneys in this area to discuss topics relating to government relations, legislation, CLEs, rulemaking, etc. The goal is to create a space where attorneys in this practice area can regularly connect on issues, network, refer potential clients, develop relevant CLEs, and work to create and update practice tools and other items of relevance to the practice.

To join, please email [email protected] and request to be added to the GRList.

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Request for Public Comment – Legislative Assembly’s Harassment-Free Workplace Policy

At the request of the Legislative Assembly, the Oregon Law Commission has reviewed the law and policies concerning workplace harassment in the State Capitol. After extensive deliberation, the Commission’s work group has produced a number of preliminary recommendations and now seeks your feedback.

To review the preliminary recommendations, work group materials and other relevant information, please visit https://law.uoregon.edu/explore/olc-workplace-project.

The Commission will accept written testimony and comments until 6:00 PM on November 30.

There are three ways for you to provide input addressing the preliminary recommendations of the Oregon State Capitol Workplace Harassment Work Group:

• • • Public Oral Testimony – You may provide oral testimony to the work group on November 30, from 4:00 PM to 6:00 PM, in Hearing Room B of the State Capitol.
    • Public Written Testimony – You may submit written testimony to: [email protected].
    • Informal Written Comment – You may submit informal comments – with or without attribution – via the Oregon Law Commission website.

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House of Delegates Meets at Bar Offices

On November 2, 2018 the Oregon State Bar’s House of Delegates (HOD) met at the bar offices in Tigard. The meeting began with comments from Chief Justice Martha Lee Walters; Vanessa Nordyke, the current Oregon State Bar President; and David Wade, the Chair of the Board of Governor’s Budget and Finance Committee.

Chief Justice Walters began the morning with an overview of the state of the Oregon court system and a call for Bar member support for the Oregon Judicial Department’s 2019 – 2021 proposed budget. In addition, David Wade announced that member fees would not increase in 2019 but may increase in the next few years. There will be a $5 increase in the Client Security Fund to $15.

This year the HOD voted on six resolutions.

• • • Adequate funding for legal aid
    • Transparency in Criminal Proceedings
    • Expand the definition of “rural” for the purposes of the Justice Across Oregon Stipend for Summer Employment
    • Study the creation of a young lawyer tier for annual license fees
    • In Memoriam
    • Veterans Day Remembrance

The HOD adopted each of the resolutions. The Annual Meeting has been posted on the bar’s website at https://www.osbar.org/leadership/hod/ for those who could not attend. Thank you to all of the HOD delegates who participated.
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2018 election results in legally-trained elected officials

This election cycle a number of legally-trained candidates successfully ran for office. Kate Brown was re-elected as Governor of Oregon. Governor Brown is a former family law attorney, legislator, and Secretary of State. Attorney General Rosenbaum, a former Court of Appeals judge and Secretary of State Dennis Richardson, a former litigator, were not up for re-election this year. Oregon Commissioner of Labor and Industries, Brad Avakian, a civil rights attorney, did not run for re-election and will step down in 2019.

The House of Representatives included nine legally-trained legislators from 2016 to 2018. Two legally trained representatives will be leaving at the end of the term. Thank you to Representative Rich Vial (Sherwood) and Representative Phil Barnhart (Eugene) for your support of Bar priorities, including funding for the courts, civil legal services, and indigent defense. Representative Linninger (Lake Oswego) left during to become a Circuit Court Judge in Clackamas County and Representative Bentz (SE Oregon) received a mid-term appointment to the Senate.

Two new legally-trained legislators will be sworn in and join the House of Representatives: Kim Wallan (Medford) and Marty Wilde (Eugene). In addition, five legally-trained members of the House of Representatives successfully ran for re-election. Congratulations to:

• • • Representative Dan Rayfield (Corvallis)
    • Representative Ken Helm (NE Washington County)
    • Representative Karin Power (Milwaukie)
    • Representative Jennifer Williamson (SW Portland)
    • Representative Mike McLane (S Central Oregon)

This election increases the number of legally-trained senators to five. While Senator Betsy Johnson (St. Helens/North Coast) was not up for re-election this year, Senator Floyd Prozanski (South Eugene) and Senator Peter Courtney (Keizer/Woodburn) both ran successful campaigns and will be returning to Salem. In addition, Senator Cliff Bentz (SE Oregon), who was appointed to the Senate in 2017, ran a successful re-election campaign. Shemia Fagen (Clackamas), a former state representative, successfully ran her first Senate race this year.

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Citizens Campaign for Court Funding Kickoff

The 2018 Citizens Campaign for Court Funding Breakfast was held early Halloween morning in downtown Portland. Chief Justice Martha Lee Walters and Justice Thomas Balmer of the Oregon Supreme Court as well as leaders in the legal and business community, joined Ed Harnden, Michael Haglund, and Graciela Gomez Cowger to discuss the importance of adequate funding for Oregon’s Court system. Over the course of the breakfast, the Justices shared the budget priorities for the Oregon Judicial Department.

This biennium the Oregon Judicial Department is focusing on increasing the number of judges and court staff, safe and secure courthouses, and adequate judicial salaries. The court has provided a list of priority projects which can be found here. Of particular concern to the courts is judicial compensation. Oregon currently ranks 46th of the 50 states in cost-adjusted salaries.

During the legislative session that begins in January and will run through June, lawyers and business leaders will have the opportunity to reach out to legislators and share their support for adequate funding for Oregon’s court system. For more information on the CCCF and how you can get involved, please visit the CCCF website.

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Commission on Judicial Fitness and Disability Public Meeting

On December 14, 2018, the Commission on Judicial Fitness and Disability will be holding a public meeting from 9:00am – 10:00am at the Oregon State Bar in Tigard. Please see below for the agenda and more information.

 

Commission on Judicial Fitness and Disability
Public Meeting
December 14, 2018
9:00 – 10:00 am
Oregon State Bar Building, Columbia Room
16037 SW Upper Boones Ferry Rd, Tigard, OR 97224

Agenda:
1. Review proposed revisions to the Commission’s Rules of Procedure
2. Budget
3. Proposed Customer Service Survey

Comments from the public will be taken in person, or by phone by dialing 866-403-9130 and entering passcode #1135315.

Comments can also be emailed ahead of time to [email protected].
____________________________________________________________________

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What’s Next?

December 11: Task Force Day
December 12 – 14: Legislative Days
January 14: Swearing In
January 15 – 16: Organizational Days
January 22: Opening Day of Session

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Continued Focus on Public Safety Issues during September Legislative Days

Senate and House Interim Committees on Judiciary

On September 26, 2018, the Senate and House Interim Committees on Judiciary met in Salem during the fall legislative days. Over the almost three-hour meeting the committee members received information regarding the passage of Senate Bill 719 (2017), which instituted extreme-risk protection orders (ERPOs), and the implementation of House Bill 2355 (2017), which treats possession of controlled substances in some situations as a misdemeanor.

• • • Extreme-risk protection orders (SB 719). Judge Maureen McKnight from Multnomah County, along with the superintendent of the Oregon State Police and the Multnomah County Sheriff, testified on the use of ERPOs. In addition, a representative from Everytown for Gun Safety also testified. Judge McKnight focused on the impact of the ERPOs on the judicial system and provided data on the use of ERPOs in the court system.
    • Misdemeanor charging for some possession of controlled-substance arrests (HB 2355). Attorney General Ellen Rosenblum as well as representatives from Unite Oregon and the Criminal Justice Commission testified regarding the implementation of HB 2355. The speakers reported on the decrease in arrests as well as a decrease in racial disparities in felony possession of controlled-substances convictions.

In addition, the committees received information on a Behavioral Health Reinvestment Project, the Women’s Justice Project, an update on the Juvenile Justice Work Group, and marijuana diversion. These four projects may generate proposed legislation for the 2019 legislative session.

Joint Emergency Board Interim Subcommittee on Human Services

On September 24, 2018, the Joint Emergency Board Interim Subcommittee on Human Services met in Salem to hear reports and review funding requests from agencies engaged in healthcare, human services, and public safety. During the hearing, the Department of Justice, the Department of Human Services, the Oregon District Attorneys Association, and the Criminal Justice Commission as well as other agencies participated as part of a packed agenda. For a full review of the hearing materials, review the “Meeting Materials.”

• • • Juvenile dependency legal representation. The Department of Human Services and the Department of Justice jointly reported to the subcommittee regarding the implementation of HB 5006 and SB 5526. These two bills, passed during the 2017 legislative session, provide funding for enhanced legal representation for child-welfare workers in juvenile dependency hearings. The report from the two agencies indicated that full implementation of the program in all 36 counties is expected to occur by July 1, 2019, to meet the specific needs of each county.
    • Grand-jury recording. During the 2017 legislative session, the legislature passed SB 505, which requires the recording of grand-jury proceedings. The legislation required three counties to begin recording all grand-jury proceedings by March 1, 2018, while the remaining counties are required to begin by July 1, 2019. During the September meeting, the Oregon District Attorneys Association requested a funding allocation for costs associated with the implementation of SB 505. Central to the discussion were questions surrounding the financial responsibilities of the counties and the state.

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House of Delegates Regional Meetings

On Tuesday, October 12, 2018, the House of Delegates (HOD) proposed resolutions were published on the Oregon State Bar’s website. If you are interested in discussing these proposals prior to the HOD Annual Meeting on Friday, November 2, 2018, please consider participating in one of the HOD regional meetings scheduled for October 16–18, 2018. These meetings will be hosted in each bar region and provide an opportunity to learn about the HOD agenda and proposed resolutions for the annual meeting.

Tuesday, October 16, 2018

9:00 AM House of Delegates, Region 6, Conference Call
9:00 AM House of Delegates, Region 7, Clackamas County Counsel,
2051 Kaen Road, Oregon City
1:00 PM House of Delegates, Region 4, Oregon State Bar,
16037 SW Upper Boones Ferry Road, Tigard

Wednesday, October 17, 2018

9:00 AM House of Delegates, Region 3, Foster Denman LLP,
 3521 E. Barnett Road, Medford
9:00 AM House of Delegates, Region 8, Conference Call

Thursday, October 18, 2018

9:00 AM House of Delegates Region 2, Conference Call
9:00 AM House of Delegates, Region 5, TBD
1:00 PM House of Delegates, Region 1, Peachy & Myers PC,
401 E 3rd Street, Suite 105, The Dalles

For more information, please visit the Oregon State Bar’s House of Delegates page.

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Council on Court Procedures Publishes Draft Amendments

On September 8, 2018, the Oregon Council on Court Procedures met to discuss draft amendments to the Oregon Rules of Civil Procedure (ORCP). Over a two-year cycle, the council drafts, reviews, and promulgates rules and amendments to the Oregon Rules of Civil Procedure in response to developments to case law, new Oregon or federal legislation, innovations in technology, or changes in legal practice.

This cycle the council voted to publish the amendments and solicit comments on the following proposed rules and amendments. The full text of all proposed amendments can be found here:

• • • ORCP 7 – Summons
    • ORCP 15 – Time for Filing Pleadings or Motions
    • ORCP 16 – Form of Pleadings
    • ORCP 22 – Counterclaims, Cross-Claims, and Third-Party Claims
    • ORCP 38 (Conforming Amendment for ORCP 55) – Persons Who May Administer Oaths for Depositions; Foreign Depositions
    • ORCP 43 – Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
    • ORCP 44 (Conforming Amendment for ORCP 55) – Physical and Mental Examination of Persons; Reports of Examinations
    • ORCP 55 – Subpoena
    • ORCP 65 (Conforming Amendment for ORCP 55) – Referees

The council will meet again on December 1, 2018, to discuss comments and vote on the proposed rules and amendments. To submit comments or feedback, visit the Council on Court Procedure’s website for more information: http://www.counciloncourtprocedures.org.

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Oregon State Bar House of Delegates to Meet in November

This year, the annual meeting of the House of Delegates (HOD) will be on Friday, November 2, 2018, at the Oregon State Bar Center located at 16037 SW Upper Boones Ferry Road, Tigard, OR 97281.

Oregon State Bar members were invited to submit resolutions to include on the HOD agenda. HOD members submitted a question or measure for the agenda by delivering a copy of the full text of the item to be presented, including a description of any financial impact, to the Executive Director at least 45 days in advance of the meeting. A Bar member who is not a delegate may submit a resolution by a petition signed by at least 2 percent of all active members.

In mid-October, the Board of Governors will host HOD regional meetings throughout the state. This is an opportunity for OSB members to review the proposed resolutions and ask questions. The HOD agenda will be distributed on October 12, 2018, and regional meetings will be scheduled October 16 to 18, 2018.

For more information on the House of Delegates, please visit https://www.osbar.org/leadership/hod.

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Get Involved. How to Support Bar Priorities

Do you support a well-funded court system? Is adequate funding for legal aid and indigent defense important to you? Is access to the court system a priority?

If you answered yes to any of these questions and are interested in advocating for the Bar’s legislative priorities, consider participating in the Oregon State Bar’s legislative outreach program.

To sign up, go to https://publicaffairs.osbar.org/grassroots-advocacy-for-court-funding.

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Thomas Balmer steps down as Chief Justice

This summer, Justice Thomas Balmer ended his tenure as the Chief Justice of the Oregon Supreme Court. Justice Balmer was the 43rd chief justice of the Oregon Supreme Court and served in that role for six years, from 2012 to 2018. In this role he was also the administrative head of the unified court system. Justice Balmer continues to serve on the court.

During his tenure as chief justice, the Oregon Judicial Department moved forward on a number of legislative proposals. Under Chief Justice Balmer’s leadership, the department completed the statewide implementation of Oregon eCourt, continued much-needed courthouse maintenance and replacement projects including the replacement of the Multnomah County Courthouse, and successfully advocated for sufficient funding from the legislature to increase judicial compensation and the number of judges within both the circuit courts and the Oregon Court of Appeals.

Justice Balmer was appointed to the Oregon Supreme Court by Governor Kulongoski in 2001. Prior to joining the judicial branch, Justice Balmer practiced in Boston and Washington DC and was a partner at Ater Wynne in Portland.

Thank you to Justice Balmer for his service as the Chief Justice of the Oregon Supreme Court.

For information on current Chief Justice Martha Lee Walters, read the July 2, 2018, issue of the Capitol Insider.

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Martha Walters becomes Chief Justice of Oregon Supreme Court

Chief Justice Martha Walters began her tenure as the Chief Justice of the Oregon Supreme Court on July 1, 2018. Justice Walters is the 43rd Chief Justice of the Oregon Supreme Court and the first female elected to the role.

Justice Walters has been a member of the Oregon Supreme Court since 2006. Prior to joining the judicial branch, Justice Walters practiced employment law and civil litigation in Eugene.

In addition to her practice, Justice Walters has been an active volunteer with the Oregon State Bar, the Lane County Bar Association, and the first woman president of the National Conference of Commissioners on Uniform State Laws. Prior to joining the court, Justice Walters was involved with the Civil Legal Services Task Force, the Oregon State Bar Disciplinary Board, and the Judicial Administration Committee, to name just a few of her commitments in Oregon.

Further, Justice Walters joined the National Conference of Commissioners on Uniform State Laws as one of the four Oregon Commissioners in 1992. In 2007 she was voted in as the first female president of the Commission.

According to the Oregon Judicial Department, “By statute, the seven Supreme Court justices elect the Chief Justice to a six-year term. The Chief Justice presides over the Supreme Court and assigns opinions to associate justices to write after oral arguments on cases. She also serves as the administrative head of the Judicial Department – the state court system consisting of 194 trial and appellate judges, 1,584 non-judge employees, and a biennial General Fund budget of $454.5 million.”

Congratulations to Chief Justice-elect Walters!

A retrospective of Chief Justice Balmer’s tenure will run in the next issue of the Capitol Insider.

Attorney General Ellen F. Rosenblum and Supreme Court Chief Justice Martha Lee Walters at the Oregon State Bar’s President’s Reception in Salem, Oregon. February 2018.

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Simple, two-thirds, or three-fifths majority votes?

In some situations, the Oregon Constitution requires greater than a majority vote to pass legislation. Under Article IV, section 25, bills that raise revenue require a three-fifths majority for passage. And under Article IV, section 33, of the Oregon Constitution, some bills that reduce criminal sentences require a two-thirds majority for passage. Two separate bills that passed in the last two legislative cycles are currently being challenged in Oregon’s courts based, in part, on these constitutional requirements.

Revenue Bills

Article IV, Section 25

In 2018, the Oregon Legislature passed Senate Bill 1528. The bill removed a state tax add back in the calculation of Oregon’s adjusted gross income for some taxpayers. SB 1528, which began in the Senate, passed the Senate 16–13 with 1 excused and passed the House 32–28. While the bill did not receive three-fifths of the votes in either chamber, proponents have argued it did not “raise revenue” for the purposes of Article IV and therefore did not need to meet this requirement. Senator Brian Boquist (R Dallas) filed suit challenging the passage of the bill in June.

Sentencing Bills

Article IV, Section 33

In 2017, the Oregon Legislature passed House Bill 3078, which reduced sentencing for some property crimes. Measure 57, a voter-approved initiative passed in 2008, addressed repeat property crimes.

Under Article IV, section 33, of the Oregon Constitution, bills that reduce a criminal sentence approved by the people requires a two-thirds majority for passage. HB 3078 passed the House 33–26 with 1 excused and passed the Senate 18-11 with 1 excused. In this case, the bill did not receive two-thirds of the votes in either chamber. Proponents of the bill have argued that the changes to Measure 57 in 2009 modified the initiative enough so that Article IV does not apply. Clackamas County District Attorney John Foote, among others, have challenged the constitutionality of HB 3078.

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Election Update – Lawyer Legislators

With the completion of the May primary elections, the Republican, Democratic, and Independent candidates are gearing up for the general election on November 6, 2018. This election cycle, 10 of the 11 currently sitting lawyer-legislators are running for reelection. Representative Phil Barnhart (D-Eugene) has decided to retire after 18 of years representing his House district.

Three new lawyers are running for a legislative seat this election cycle. Candidate Kim Wallen (R-Medford) is running for Representative Sal Esquival’s seat in House District 6. Candidate Marty Wilde (D-Eugene) is running for Representative Barnhart’s seat in House District 11. In addition, Shemia Fagan (D) won a primary challenge and will be running unopposed in the general election to fill the District 24 Senate seat (Mid-Multnomah County).

The thirteen lawyers running for office are:

Oregon House of Representatives

• • • District 6 (Medford):                               Kim Wallen (R)
    • District 11 (Eugene):                              Marty Wilde (D)
    • District 16 (Corvallis):                             Dan Rayfield (D)
    • District 26 (Wilsonville):                          Rich Vial (R)
    • District 34 (NE Washington County):      Ken Helm (D)
    • District 36 (SW Portland):                      Jennifer Williamson (D),
      House Majority Leader
    • District 41 (Milwaukie):                          Karin Power (D)
    • District 55 (S Central Oregon):              Mike McLane (R),
      House Republican Leader (R)

Oregon Senate

• • • District 4 (S Eugene, Lane County):       Floyd Prozanski (D)
    • District 11 (Keizer, Woodburn):               Peter Courtney (D),
      Senate President
    • District 13 (Keizer):                                  Paul Diller (D)*
    • District 16 (St. Helens, N Coast):            Betsy Johnson (D)
    • District 24 (Mid-Multnomah County):      Shemia Fagan (D)
    • District 30 (Greater Eastern Oregon):     Cliff Bentz (R)

Best of luck to all of the candidates!

*Mr. Diller withdrew from the campaign in June. A replacement will be picked by the Democratic Party of Oregon to run in his place.

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May Legislative Days Include One-Day Special Session

This May, the legislature held a rare legislative special session scheduled to coincide with the previously scheduled Spring Legislative Days. On May 21, the Oregon Legislature met to modify tax treatment for some sole proprietorship. The special session, which was completed in one day, resulted in the passage of HB 4301. The bill, which passed with bipartisan support in both chambers, stemmed from legislation passed during the 2013 special session, recent changes to the federal tax code, and the passage of SB 1528 during the 2018 regular session.

After completion of the special session on May 21, the legislature returned to the previously scheduled legislative day’s schedule, including a joint meeting of the House and Senate Interim Judiciary Committees. On May 22, the committees met to discuss emerging issues and receive updates on work approved during the 2017 and 2018 legislative sessions. Topics included the sale of manufactured homes, the work of the Sixth Amendment Center with the Public Defense Services Commission, the criminal justice innovation program, and an update on testing Sexual Assault Forensic Evidence (SAFE) kits. To review the full agenda and supporting materials, please visit the Interim Judiciary Committee’s page on the Oregon Legislative Information System (OLIS).

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Oregon State Capitol Workplace Harassment Work Group Seeks Public Input

The Oregon Law Commission (OLC) seeks public comment on the rules governing workplace harassment in the Capitol, and it will provide a forum for public testimony at 5 p.m. on July 19, 2018, in the Capitol building.

In February 2018, House Speaker Tina Kotek and Senate President Peter Courtney asked the OLC to review the legislature’s ability to discipline members of the legislature for misconduct and review laws and rules governing harassment between lobbyists, the public, elected members, and employees of the legislature. The OLC is charged with recommending improvements to create a harassment-free workplace in the Capitol, including recommending changes to laws, policies, and the Oregon Constitution.

In response to the charge, the OLC constituted a work group (the Oregon State Capitol Workplace Harassment Work Group) chaired by Miller Nash Graham & Dunn employment attorney P.K. Runkles-Pearson. The group’s work is ongoing through the remainder of 2018 and updates will be posted on its website, which will also include a portal for written comment.

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2019 Section Legislative Package Adopted by Board of Governors

Every long legislative session, the Oregon State Bar submits proposed legislation as part of the Law Improvement Program to the Oregon Legislature for consideration. This year OSB sections, workgroups, and committees submitted 12 proposals for consideration by the Board of Governors (BOG) to be included as part of the 2019 Law Improvement Program package.

The OSB’s Law Improvement Program is intended to include proposed legislation from sections, workgroups, and committees that clarify statutory ambiguities, remove unnecessary procedural requirements, modify unforeseen glitches in previous legislation, or otherwise improve the administration of justice. Policy changes are also included in the bar package of legislation when deemed appropriate. For a legislative concept to be considered at the BOG’s Legislative Forum, it must be approved by a majority of the section executive committee, and executive committee members are encouraged to be representative of the diverse views of the section. Bar groups are encouraged to be mindful of differing viewpoints in the practice area.

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Agency Representation Standards Adopted by Board of Governors

On May 18, the BOG adopted Standards of Practice for Attorneys Representing the Child Welfare Agency. These new standards came about as a result of SB 222, passed during the 2015 Oregon Legislative Session, which created a task force charged with recommending models of legal representation in juvenile dependency proceedings. The Oregon Task Force on Dependency Representation, staffed by the Governor’s office, convened in 2015 and 2016 and issued its final report in July 2016. That report made a number of recommendations for improving services in juvenile dependency proceedings—including the creation of these new performance standards for agency attorneys.

Thank you to the Agency Standards work group, chaired by Joanne Southey, for the hard work over the last few years creating these performance standards.

Joanne Southey, Chair
Amy Benedum
Linn Davis
Shannon Dennison
Lori Fellows
Olivia Godinez
Amy Miller
Rahela Rehman

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Oregon State Bar and the Campaign for Equal Justice Travel to DC for ABA Lobby Day

This year, a joint Oregon State Bar / Legal Aid delegation traveled to Washington, DC, to participate in the American Bar Association’s annual Lobby Day. Led by Vanessa Nordyke, OSB President, and Ed Harnden, Campaign for Equal Justice board member, the Oregon delegation met with Oregon’s congressional delegation to discuss the importance of federal funding for legal aid services as well as maintaining the federal public loan forgiveness program.

During four days of meetings, the Oregon delegation met with Senators Merkley and Wyden and Representatives Blumenauer, Bonamici, DeFazio, Schrader, and Walden.

Thank you to everyone who took the time to attend: Brent Smith, Thomas Kim, Monica Goracke, executive director of the Oregon Law Commission, and Maya Crawford, executive director of the Campaign for Equal Justice

Monica Goracke, Vanessa Nordyke, Senator Jeff Merkley, Susan Grabe, OSB Public Affairs Director, Maya Crawford, Brent Smith and Ed Harnden (Thomas Kim, not pictured).

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Practice Tip: When does a bill become a law? Effective Dates and Operative Dates

In Oregon, the default effective date for a bill is January 1 of the following year. A bill passed during the 2018 Legislative Session, without a specifically noted effective date in the text of the legislation, will have an effective date of January 1, 2019.

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 signs the bill or 30 days pass since the end of session and the bill was not vetoed.

Other bills, for example, bills that raise revenue, have an effective date of 91 days after the end of session. This year, 91 days after the last day of the session, also known as sine die, is June 2, 2018.

The fourth option is to have a specific date identified within the text of the bill. In some circumstances, different sections of a bill will have different effective dates. In addition, a bill may have both an effective date and an operative date. This can happen when a bill requires administrative action such as rulemaking to implement the bill before the bill takes effect.

The effective date for each bill will be listed in OLIS once it is signed or deemed signed. However, do not neglect to review the bill text for additional effective dates or operative dates.

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