The 78Th Legislative Session Begins Seven Law

February 12, 2015 OSB Public Affairs Newsletter for Bar Leaders

2015 PUBLIC AFFAIRS COMMITTEE

Travis Prestwich, Chair, Salem John Mansfield, Vice-Chair, Portland Tim Williams, Bend Charles Wilhoite, Portland Elisabeth Zinser, Ashland Guy Greco, Newport Kathleen Rastetter, Oregon City

The 2015 Legislative Ses- The 78th Legislative Session Begins sion began on January 12, 2015. If your section is On February 2, 2015, the 78th session of the chamber of origin by April 10, and the work interested in tracking any Oregon State Legislature opened with hear- session must be completed by April 21. legislation, please contact ings on clean fuels, residual funds from class the Public Affairs Depart- ment . action lawsuits, and automatic voter registra- The budget process began during Organiza- tion. Under the Oregon Constitution, the Leg- tional Days in January when the co-chairs of LEGISLATURE islature may be in session for 160 calendar the Joint Ways and Means Committee re- days, with a constitutional sine die of July 11, leased their budgetary framework for the 2015 Find your Legislator 2015. -2017 biennium. Agencies, commissions, and Oregon Legislative Infor- the judicial branch will be presenting their mation With the move to annual sessions, legislative respective budgets to the Ways and Means SENATE leadership has established a tight schedule of subcommittees in the coming months. Review deadlines to ensure that bills move through of the Oregon Judicial Department’s proposed Committee Assignments both chambers in a timely basis. The last day budget by the Ways and Means Public Safety Legislative Calendar to introduce legislation is February 25. Bills Subcommittee is expected to begin in March. must be scheduled for a work session in their HOUSE

Committee Assignments Seven Law Improvement Bills Receive Hearings

BUDGET In the first days of session, seven of the Oregon State Bar’s law improvement bills had public Ways and Means Committee hearings in the Senate and House Judiciary Committees.

Governor’s Budget The Senate Judiciary Committee opened on Wednesday, February 4, with a presentation by Travis Prestwich, Board of Governors (BOG) member and chair of the Public Affairs Commit- tee, on the responsibilities of the Oregon State Bar and its legislative priorities for the 2015 Legislative Session.

PUBLIC AFFAIRS DEPARTMENT Pat Wade from the Debtor-Creditor section provided testimony on SB 368 (Money Awards in

Susan Grabe, Judicial Foreclosure) which was voted out of committee with a “do-pass” recommendation. Public Affairs Director The bill will be voted on by the full Senate in the next week. Amy Zubko, Public Affairs Legislative Attorney Matt Shields, Ryan Carty and Clark Williams from the Family Law section provided testimony on SB 370 Public Affairs Staff Attorney (Retirement Benefits for Former Spouses). The bill will remain in committee while the Family Amanda Lunsford, Public Affairs Assistant (Continued on page 2)

February 12, 2015 Capitol Insider

(Continued from page 1) will be voted on by the full House in the next week. Jordan Silk, a member of the Appellate Law section discusses possible amend- Practice section, testified regarding HB ments with the Public Employees Re- Erin Olson, on behalf of the Procedure 2336 (Filing and Service of Third- tirement System and the City of Port- and Practice Committee, testified re- Party Commercial Carriers). The bill land. garding HB 2333 (Minority Tolling). will remain in committee while the The fiscal impact statement was not Appellate Practice section discusses The House Judiciary Committee re- completed at the time of the hearing, possible amendments with the Oregon ceived testimony on five Oregon State and the bill will have a work session Judicial Department. Bar law improvement bills as well. once the paperwork is completed. Thank you to everyone who traveled to Helen Hierschbiel, General Counsel Jamie Contreras, chair of the Oregon the Capitol this week in support of the for the Oregon State Bar, testified re- State Bar’s Uniform Criminal Jury In- Oregon State Bar’s law improvement garding two of the three BOG bills: structions Committee, testified regard- legislation. For more information on HB 2327 (Custodianship) and HB ing HB 2335 (Criminal Trespass Cor- these proposals and other law improve- 2328 (Entity Representation). The bills rection). The bill was voted out of ment bills, please visit the Oregon were voted out of committee, each committee with a “do-pass” recom- State Bar’s 2015 Law Improvement with a “do-pass” recommendation, and mendation and will be voted on by the Proposals. full House in the next week. Class Action Residual Funds

On the first day of session, the House Judiciary Committee began the 2015 Legislative Session with HB 2700. The bill, sponsored by Representative Jennifer Williamson and Representative Tobias Read, will modify the class action claim form process and allow for the implementation of the cy pres doctrine in Oregon. During the 2014 Legislative Session, a similar concept was introduced in HB 4143 (2014), which passed the House but failed to pass the Senate. After two days of hearings, the committee voted HB 2700 to the House floor (5-3-1) with the possibility of a minority report.

HB 2700 would direct at least 50 percent of any residual funds to Oregon’s Legal Services Program. The remaining residual funds could be directed to any entity for purposes the court determines are directly related to the class action or to a purpose directly beneficial to the interests of the class members.

The bill passed the House with a 35-22-3 vote after consideration of a minority report. HB 2700 will now move to the Senate for consideration.

Taking a Position on Proposed Legislation

Oregon State Bar sections and committees have the oppor- behalf of the BOG before taking any action. If approved by tunity to provide input on a legislative issue as well as take the Public Affairs Committee, Public Affairs staff will sub- a position on proposed legislation. If your section or commit a section or committee’s testimony and position 24 mittee decides to take a position, please complete this form hours prior to a hearing. For more information, please visit and submit it to the Public Affairs Committee through Su- the Public Affairs webpage. san Grabe, OSB Public Affairs Director. Proposals must receive approval from the Public Affairs Committee on

February 12, 2015 Capitol Insider Tracking Legislation

Is your section or committee interested islative session and refers bills to the Oregon State Bar’s legislative web- in tracking legislation? The Public Af- groups that we feel might be interest- site for review. Contact fairs Department is available to assist ed. Contact your section or committee [email protected] with any questions. all Oregon State Bar sections and com- chair or legislative contact in regards mittees with bill tracking. As part of to what bills your section or committee that process, Public Affairs staff re- has asked to be tracked. Up-to-date views all bills introduced during a leg- information on each bill is posted on

March 31, 2015 OSB Public Affairs Newsletter for Bar Leaders

2015 PUBLIC AFFAIRS COMMITTEE

Travis Prestwich, Chair, Salem John Mansfield, Vice-Chair, Portland Tim Williams, Bend Charles Wilhoite, Portland Elisabeth Zinser, Ashland Guy Greco, Newport Kathleen Rastetter, Oregon City

The 2015 Legislative Ses- Oregon Judicial Department (OJD) budget receives first sion began on January 12, hearings in Ways and Means Public Safety Subcommittee 2015. If your section is interested in tracking any On March 2, the Ways and Means Public court facilities. In addition, OJD has proposed legislation, please contact Safety Subcommittee began a series of public an increase in judicial seats in Multnomah, the Public Affairs Depart- hearings on the Oregon Judicial Department’s Marian, and Washington Counties and addi- ment . 2015-2017 proposed budget, SB 5514. Review tional support for family law and treatment

and approval of each state budget involves an courts.

SAVE THE DATE initial series of public hearings to provide an Oregon State Bar informational overview to committee mem- During the public hearings, legislators asked Day at the Capitol bers and allows for public testimony. questions on a variety of issues, including: May 5, 2015 This year, representatives from the Oregon  The effectiveness of batterer intervention Day at the Capitol is an State Bar’s Board of Governors, the Citizens programs for domestic violence offenders, opportunity for lawyers to Campaign for Court Funding, the Oregon Tri-  The referral rate to the Oregon State Hos- meet with their Representa- al Lawyers Association, Oregon Criminal De- pital for “aid and assist” evaluations, tives and Senators to talk about justice system issues fense Lawyers Association, Oregon Associa-  The impact of the new panel of judges at of importance to the bar. tion of Defense Counsel, Oregon Circuit Court the Court of Appeals, Judges Association, Oregon District Attor-  Whether having intelligent Family Abuse There will be a program at neys’ Association, business leaders, several Prevention Act (FAPA) restraining order noon with remarks by Chief counties, the League of Woman Voters, and request forms would expedite cases, and Justice Thomas Balmer. the Oregon Law Center provided testimony in  The weighted caseload study that supports Lunch will be provided to support of the OJD 2015 – 2017 budget. the request for new judicial positions and those that RSVP. pro tem/referee support.

For more information, con- The OJD has identified a number of priorities, tact Amanda Lunsford at 503 including: maintaining the current service lev- Additional public hearings and work sessions -431-6376 or el, completing the implementation of eCourt will be held later in the legislative session. [email protected] in the 17 remaining counties, increasing judi- Budget decisions will be finalized at the end cial salaries, and providing safe and suitable of the legislative session.

Oregon State Bar member, Kate Brown, is Oregon’s 38th PUBLIC AFFAIRS DEPARTMENT Governor

Susan Grabe, On February 18, 2015, Oregon’s Secretary of State, Kate Brown, became the 38th governor of Public Affairs Director Amy Zubko, Oregon, succeeding John Kitzhaber. Governor Brown previously served in both the House and Public Affairs Legislative Attorney Senate of the Oregon Legislature and served as the Secretary of State from 2008 – 2015. Matt Shields, Public Affairs Staff Attorney (Continued on page 2) Amanda Lunsford, Public Affairs Assistant

March 31, 2015 Capitol Insider

(Continued from page 1)

Prior to her legislative work, Governor Brown practiced family and juvenile law. She was a member of the Oregon State Bar’s Family Law section from 1988-2006 and a founding member of Oregon Women Lawyers. Governor Brown grad- uated from Lewis and Clark’s Northwestern School of Law in 1985.

The Oregon State Bar looks forward to working with Governor Brown and her administration in the coming years.

Public Defense Services Commission (PDSC) completes first round of public hearings in Ways and Means Public Safety Subcommittee

On March 10, 2015, the Public De-  Funding for consistent rate and  Funding to reduce the salary dis- fense Services Commission began the mileage for Public Defense Con- parity between OPDS employees first round of public hearings on its tract Providers, and comparable employee classifi- 2015 – 2016 proposed budget. PDSC  Funding for Public Defense Con- cations in other state agencies, is responsible for the Office of Public tractor Parity,  Funding for additional office Defense Services which handles crimi-  Funding for Contractor Quality space, and nal appeals and provides funding and Assurance including implementing  Funding to address the revenue oversight for public defense services at case management systems, shortfall in the Application Contri- the trial court level.  Funding to increase providers bution Program. hourly rates for attorneys and in- In addition to requesting funding to vestigators and mitigation special- Additional review of the proposed maintain the current service level, ists, PDSC budget will occur later in the PDSC has submitted eight policy op-  Funding to expand the Parent legislative session. tion packages. These include: Child Representation Program,

HB 2700 directs funding to Oregon’s Legal Aid Programs

During the opening month of the legislative session, the of an over 60% increase in Oregon’s poverty population House and Senate Judiciary Committee considered HB since the year 2000. In addition, federal funding and fund- 2700. The bill, co-sponsored by Representative Jennifer ing from the Interest on Lawyer Trust Accounts has de- Williamson and Representative Tobias Read, modified the creased. While HB 2700 will not fix legal aid’s funding distribution of class action residual funds and directed 50% shortfall, it may expand and enrich low income legal ser- of those funds to the Legal Services Program to fund Ore- vices throughout Oregon. gon’s legal aid programs. HB 2700 passed both chambers and was the first bill signed into law by Governor Kate Throughout the bill’s passage through the Oregon House Brown on March 4, 2015. and Senate there were bipartisan expressions of support for legal aid funding. The bar looks forward to working with Civil legal aid services in Oregon have suffered over the all three branches of government, legal aid programs, the last decade. Over 850,000 Oregonians have incomes low Campaign for Equal Justice, the Oregon Law Foundation, enough that they qualify for legal aid. It is estimated that and Oregon foundations and corporations in support of the current level of legal aid funding meets only 15% of the equal justice for all. civil legal needs of those that qualify. This is a direct result Law Improvement Bills

The Oregon State Bar’s Law Improvement bills are quickly moving through the legislative process. At the end of the first month of session, 15 of the 17 bills have received a public hearing and 13 of the bills have been voted out of committee. Three bills have passed both chambers and are on their way to the Governor’s desk to be signed.

March 31, 2015 Capitol Insider

BOARD OF GOVERNORS:

1. SB 381 - Timeline, Out-of-State Delegation to Oregon State Bar’s Board of Governors – Passed the Senate. Referred to House Judiciary Committee.

2. HB 2327 - Custodianship – Passed out of both Chambers. Signed by the Governor on March 12, 2015.

3. HB 2328 - Entity Representation – Passed out of both Chambers. Signed by the Governor on March 12, 2015.

ADMINISTRATIVE LAW SECTION:

4. SB 372 - Machine Readable Final Orders – On Hold.

APPELLATE PRACTICE SECTION:

5. HB 2336 - Filing and Service by Third-Party Commercial Carriers – Passed the House. (First Chamber).

BUSINESS LAW SECTION:

6. HB 2330 - Dissenters' Rights and Plan Filing – Passed out of the Senate Business and Transportation Committee (Second Chamber).

CONSUMER LAW SECTION:

7. SB 367 - Debt Transfer in a Foreclosure – Assigned to House Judiciary Committee (Second Chamber).

CONSUMER LAW AND DEBTOR-CREDITOR SECTION:

8. SB 368 - Money Awards in Judicial Foreclosure – Assigned to House Judiciary Committee (Second Chamber).

ESTATE PLANNING SECTION:

9. SB 369 - Digital Assets – Assigned to Senate Judiciary Committee. Public Hearing held (First Chamber).

10. HB 2331 - Uniform Trust Code – Assigned to Senate Judiciary Committee (Second Chamber).

FAMILY LAW SECTION:

11. SB 370 - Retirement Benefits for Former Spouses – Assigned to Senate Judiciary Committee. Public hearing held (First Chamber).

12. HB 2332 - Exchange of Financial Documents – Assigned to Senate Judiciary Committee (Second Chamber).

PROCEDURE AND PRACTICE COMMITTEE:

13. HB 2333 - Minority Tolling – Assigned to Senate Judiciary Committee with a subsequent referral to the Joint Ways and Means Committee (Second Chamber).

TAXATION SECTION:

14. HB 2334 - Timeline for Filing Hardship Affidavit – Passed the House (First Chamber).

(Continued on page 4)

March 31, 2015 Capitol Insider

(Continued from page 3)

UNIFORM CRIMINAL JURY INSTRUCTIONS COMMITTEE:

15. HB 2335 - Criminal Trespass Correction – Passed both Chambers. Signed by the Governor on March 18, 2015.

WORKERS COMPENSATION SECTION:

16. SB 371 - Closure Notices and Interpreter Services – SB 371 passed out of the Management-Labor Advisory Com- mittee. Passed the Senate.

Proposed out-of-cycle revision to Uniform Trial Court Rules to address new eCourt system The Oregon Judicial Department is seeking comments and and sign any objection and serve it on the drafting party, feedback on proposed changes to Uniform Trial Court and require the drafting party to make a reasonable effort to Rules (UTCR) 5.100 which addresses submission of pro- resolve the objection. posed Orders or Judgments. The proposed language can be found on the Oregon Judicial Department’s website. Com- The submission provisions retain the current certificate of ments must be submitted by 5:00 pm on April 30, 2015. service requirement and also clarify that a proposed order or judgment may be submitted sooner than the 14-day peri- Under the proposed changes, UTCR 5.100 would be split od for objection, if the opposing party has stipulated to or into three parts: service, objection and submission. approved the form of order or judgment, or has if the opposing party has objected and the objections are resolved or The service provisions include specific notice requirements ready for resolution. Finally, the submission provisions and lengthen the time between service and submission, to require that a "certificate of readiness" be included on pro- 14 days from 3 days (current, if opposing party represent- posed orders and judgments submitted to the court, certify- ed) or 7 days (current, if opposing party not represented). ing that the proposed order or judgment is ready for judicial signature or that objections are ready for resolution, and The objection provisions require the objecting party to date also stating the "readiness" reason.

David Frohnmayer, Attorney General, Legislator, and University Administrator, Passes Away

David Frohnmayer, former legislator and attorney general, passed away on March 9, 2015. Mr. Frohnmayer joined the Legislature in 1975 and served through 1981. He went on to serve as Oregon Attorney General from 1981 – 1991 when he resigned to become the Dean of the University of Oregon School of Law. In 1994, Mr. Frohnmayer became President of the University of Oregon and served in that capacity until 2009 when he returned to private practice. Mr. Frohmayer is a graduate of Harvard University and the University of California, Berkley School of Law. The Bar sends its deepest sympathies to the Frohnmayer family.

April 23, 2015 OSB Public Affairs Newsletter for Bar Leaders

2015 PUBLIC AFFAIRS COMMITTEE

Travis Prestwich, Chair, Salem John Mansfield, Vice-Chair, Portland Tim Williams, Bend Charles Wilhoite, Portland Elisabeth Zinser, Ashland Guy Greco, Newport Kathleen Rastetter, Oregon City

Legislature faces first round of internal deadlines

As part of the move to annual sessions in the weeks the remaining committees have been legislature, legislative leadership has imple- working through long lists of bills to ensure SAVE THE DATE mented internal deadlines to ensure that legis- that bills are addressed and make it past the Oregon State Bar lators meet the constitutionally imposed dead- first deadline. Day at the Capitol line of meeting for only 160 days in odd- May 5, 2015 numbered years. If your section or committee has been tracking Day at the Capitol is an legislation this session, please take the time to opportunity for lawyers to In the 2015 session, the first major deadline review the location of your bills as of April meet with their Representa- requires bills to receive a public hearing and 21st to determine which bills remain active. tives and Senators to talk about justice system issues work session in their chamber of origin by And of course, remember that language from of importance to the bar. April 21, 2015. The only exceptions to these one bill may be amended into another bill with deadlines are the Revenue, Rules, Joint Ways an appropriate relating clause. If any questions There will be a program at and Means committees, and the committee to noon with remarks by Chief arise, please feel free to contact the Public Implement Measure 91. Over the last few Justice Thomas Balmer. Affairs Department. Lunch will be provided to those that RSVP. Oregon State Bar’s law improvement bills move through For more information, con- legislative process tact Amanda Lunsford at 503 -431-6376 or 1. SB 381 - Timeline, Board of Bar Examiners, Out-of-State Delegation to Oregon State Bar’s [email protected] Board of Governors – Passed out of the House Judiciary Committee on April 23, 2015. (Second Chamber).

2. HB 2327 - Custodianship – Passed out of both chambers. Signed by the Governor on March 12, 2015.

3. HB 2328 - Entity Representation – Passed out of both chambers. Signed by the Governor on March 12, 2015. PUBLIC AFFAIRS DEPARTMENT ADMINISTRATIVE LAW SECTION:

Susan Grabe, Public Affairs Director 4. SB 372 - Machine Readable Final Orders – On Hold. Amy Zubko, Public Affairs Legislative Attorney Matt Shields, Public Affairs Staff Attorney Amanda Lunsford, (Continued on page 2) Public Affairs Assistant

April 23, 2015 Capitol Insider

(Continued from page 1)

APPELLATE PRACTICE SECTION:

5. HB 2336 - Filing and Service by Third-Party Commercial Carriers – Passed the House. Assigned to the Senate Judi- ciary Committee. (Second Chamber).

BUSINESS LAW SECTION:

6. HB 2330 - Dissenters' Rights and Plan Filing – Passed out of both chambers. Signed by the Governor on April 14, 2015.

CONSUMER LAW SECTION:

7. SB 367 - Debt Transfer in a Foreclosure – Passed the House Judiciary Committee on April 23, 2015. (Second Cham- ber).

CONSUMER LAW AND DEBTOR-CREDITOR SECTION:

8. SB 368 - Money Awards in Judicial Foreclosure – Passed the Senate. Assigned to House Judiciary Committee. (Second Chamber).

ESTATE PLANNING SECTION:

9. SB 369 - Digital Assets – Sent to Senate Rules Committee. (First Chamber).

10. HB 2331 - Uniform Trust Code – Passed the House. Assigned to Senate Judiciary Committee. (Second Chamber).

FAMILY LAW SECTION:

11. SB 370 - Retirement Benefits for Former Spouses – Passed the Senate by 21-7-2 (First Chamber).

12. HB 2332 - Exchange of Financial Documents – Passed the House. Assigned to Senate Judiciary Committee (Second Chamber).

PROCEDURE AND PRACTICE COMMITTEE:

13. HB 2333 - Minority Tolling – Passed the House. Assigned to Senate Judiciary Committee with a subsequent referral to the Joint Ways and Means Committee (Second Chamber).

TAXATION SECTION:

14. HB 2334 - Timeline for Filing Hardship Affidavit – Passed out of both chambers. Sent to the Governor’s desk.

UNIFORM CRIMINAL JURY INSTRUCTIONS COMMITTEE:

15. HB 2335 - Criminal Trespass Correction – Passed both chambers. Signed by the Governor on March 18, 2015.

WORKERS’ COMPENSATION SECTION:

16. SB 371 - Closure Notices and Interpreter Services – SB 371 passed out of the Management-Labor Advisory Com- mittee. Passed the Senate. Assigned to House Business and Labor. (Second Chamber).

April 23, 2015 Capitol Insider Bar Members travel to Washington D.C. for American bar Association Lobby Days

On April 14–16, 2015, representatives from the Oregon State Bar, the Oregon Law Center, and the Lawyers’ Cam- paign for Equal Justice travelled to Washington DC as a part of the American Bar Association’s (ABA) annual lobby days.

BOG president, Rich Spier, and incoming BOG president, Ray Heysell, staff from the Lawyers’ Campaign for Equal Justice, the Oregon Law Center and the Oregon State Bar, as well as ABA representatives Andrew Schpak (current chair of the ABA’s Young Lawyers Division) and Ed Harnden (Life Fellow and State Chair of the American Bar Foundation) met with Senator Merkley as well as Con- gressmen Blumenauer, DeFazio, Schrader, Walden, and Congresswoman Bonamici. Pictured from left to right: Sandy Hansberger, Ray Heysell, David Thornburgh, Ed Harnden, Rich Spier, Susan Grabe and Andrew Schpak The three days of meetings included discussion and advocacy of ABA priorities. Oregon attendees shared their interest in two programs: federal funding for low-income The ABA opposes tax legislation that would impose new legal services and mandatory accrual accounting. financial burdens on personal service businesses, including many law firms. Legislation has been introduced in both The ABA supports the FY16 President’s request for $452 the House and Senate to require a number of businesses million for the Legal Services Corporation (LSC). LSC with annual gross receipts over $10 million to use the ac- distributes 95 percent of its federal appropriation to 134 crual method of accounting. The concern is that many law legal aid programs throughout the country, including pro- firms under the accrual method of accounting will be re- grams in Oregon. quired to pay taxes on income when the right to the income arises, not when the income is actually received.

May 14, 2015 OSB Public Affairs Newsletter for Bar Leaders

2015 PUBLIC AFFAIRS COMMITTEE

Travis Prestwich, Chair, Salem John Mansfield, Vice-Chair, Portland Tim Williams, Bend Charles Wilhoite, Portland Elisabeth Zinser, Ashland Guy Greco, Newport Kathleen Rastetter, Oregon City

House Bill 2002 A, Addressing Profiling in Oregon, Moves OSB DAY AT THE Forward CAPITOL

This session, the Center for Intercultural Or- dition, the bill identifies the Law Enforcement Thanks to the following legislators for participating ganizing submitted three bills (HB 2001, HB Contracts Policy and Data Review Committee in the Oregon State Bar’s 2002, and HB 2003) to address profiling in at Portland State University as the central re- Day at the Capitol lunch Oregon. After discussions in the House Judici- pository for profiling complaints. Finally, the program. ary Committee, concepts from the three bills bill creates the Law Enforcement Profiling

Rep. Phil Barnhart have been amended into one bill, HB 2002 A, Workgroup to further explore the issue of pro- Rep. Brent Barton and moved to the Joint Ways and Means filing and potentially propose additional legis- Rep. Cliff Bentz Committee. lation by the end of the year. Rep. John Davis Rep. Shemia Fagan HB 2002 A establishes a statutory definition The bill was supported by a bipartisan group Rep. David Gomberg Rep. Mike McLane of profiling as well as creates a process for of legislators and a number of organizations, Rep. Andy Olson reporting and tracking profiling complaints in including the Oregon Association Chiefs of Rep. Dan Rayfield Oregon. Under the bill, law enforcement agen- Police, the Oregon Advocacy Commissions, Rep. Tobias Read cies will be required to create a process for the Urban League of Portland, Family For- Rep. Jennifer Williamson citizens to report concerns of profiling. In ad- ward Oregon, and many other organizations. Day at the Capitol Brings Together Lawyers and Legislators to Discuss Oregon State Bar Budgetary Priorities On May 5, 2015, lawyers from throughout Oregon traveled to Salem to support the legislative priorities of the Oregon State Bar. This year, the Board of Governors identified three budgetary priorities: the Oregon Judicial Department, civil legal services, and indigent defense.

This budget cycle, the Oregon Judicial Department is focusing on maintaining its current level of funding to ensure that the courts remain open five days a week. In addition, OJD continues to prioritize the implementation of eCourt, funding for court facilities throughout the state, and PUBLIC AFFAIRS DEPARTMENT an increase in judicial compensation.

Susan Grabe, The Public Defense Services Commission, the agency charged with managing the indigent Public Affairs Director Amy Zubko, defense system in Oregon, has identified consistent rates and mileage for public defense con- Public Affairs Legislative Attorney tractors, funding pay parity for public defense contractors, and funding for the expansion of Matt Shields, the Parent Child Representation Program as priorities this session. Public Affairs Staff Attorney Amanda Lunsford, Public Affairs Assistant (Continued on page 2)

May 14, 2015 Capitol Insider

(Continued from page 1)

In addition, the Bar members thanked pating in the lunch program. And a legislators for their support of HB big thank you to all the attorneys who 2700, an additional source of funding took time out of their busy schedules for civil legal services in Oregon. to travel to Salem.

Thanks to Chief Justice Balmer, Barnes Ellis, Mike Haglund, Ed Harn- den, and Travis Prestwich for partici

Oregon State Bar’s Law Improvement Bills Move Through Legislative Process 1. SB 381 - Timeline, Board of Bar Examiners, Out-of-State Delegation to Oregon State Bar’s Board of Governors – Passed out of both chambers. Sent to the Governor’s desk.

2. HB 2327 - Custodianship – Passed out of both chambers. Signed by the Governor on March 12, 2015.

3. HB 2328 - Entity Representation – Passed out of both chambers. Signed by the Governor on March 12, 2015.

ADMINISTRATIVE LAW SECTION:

4. SB 372 - Machine Readable Final Orders – On hold.

APPELLATE PRACTICE SECTION:

5. HB 2336 - Filing and Service by Third-Party Commercial Carriers – Passed out of both chambers. Sent to the Gover- nor’s desk.

BUSINESS LAW SECTION:

6. HB 2330 - Dissenters' Rights and Plan Filing – Passed out of both chambers. Signed by the Governor on April 14, 2015.

CONSUMER LAW SECTION:

7. SB 367 - Debt Transfer in a Foreclosure – Passed out of both chambers. Sent to the Governor’s desk.

CONSUMER LAW AND DEBTOR-CREDITOR SECTION:

8. SB 368 - Money Awards in Judicial Foreclosure – Passed the Senate. Passed the House Judiciary Committee on May 7, 2015.

ESTATE PLANNING SECTION:

9. SB 369 - Digital Assets – Sent to the Senate Rules Committee (first chamber).

10. HB 2331 - Uniform Trust Code – Passed out of both chambers. Sent to the Governor’s desk.

(Continued on page 3)

May 14, 2015 Capitol Insider

(Continued from page 2)

FAMILY LAW SECTION:

11. SB 370 - Retirement Benefits for Former Spouses – Passed the Senate. Referred to the House Business and Labor Committee for a Public Hearing and Possible Work Session on May 15, 2015.

12. HB 2332 - Exchange of Financial Documents – Passed the House. Tabled by the Senate.

PROCEDURE AND PRACTICE COMMITTEE:

13. HB 2333 - Minority Tolling – Passed the House. Assigned to the Senate Judiciary Committee for a Public Hearing and Possible Work Session on May 21, 2015. Has a subsequent referral to the Joint Ways and Means Committee (second chamber).

TAXATION SECTION:

14. HB 2334 - Timeline for Filing Hardship Affidavit – Passed out of both chambers. Signed by the Governor on April 28, 2015.

UNIFORM CRIMINAL JURY INSTRUCTIONS COMMITTEE:

15. HB 2335 - Criminal Trespass Correction – Passed out of both chambers. Signed by the Governor on March 18, 2015.

WORKERS’ COMPENSATION SECTION:

16. SB 371 - Closure Notices and Interpreter Services – Passed the Management-Labor Advisory Committee. Passed out of both chambers. Sent to the Governor’s Desk. Ballot Initiatives Submitted for the 2016 Election

Although the November 2016 election services for veterans. Ballot Initiative initiative would substantially limit at- is more than a year away, over 40 bal- #4, would require 50 percent of lottery torney fees in class actions. By regulat- lot initiatives have been filed with the net proceeds distributed to counties for ing the conduct of the individual attor- Secretary of State. While most are still allocation to specified public purposes. neys, the initiative would appear to in the early stages, two initiatives have Both of these proposals have been ap- apply to class actions in both state and been certified for signature. Ballot Ini- proved for circulation. federal court. Ballot Initiative #25 was tiative #3, filed by State Representa- On initiative of particular interest to submitted to the Secretary of State on tive Julie Parrish and Clackamas lawyers, which has not been certified February 11, 2015. The chief petitioner County Commissioner Martha Schrad- for signature at this point, is Ballot has not, at this point, submitted a suffi- er, will require 5 percent of lottery net Initiative #25, filed by former state cient number of signatures to receive a proceeds to be distributed to finance representative Shawn Lindsay. The ballot title.

Mandatory eFiling in Oregon Appellate Courts Effective June 1, 2015 Effective June 1, 2015, eFiling will be mandatory for active that date, unless a waiver is obtained or court rule allows Oregon State Bar members in the Oregon Supreme Court conventional filing. and the Oregon Court of Appeals. Active OSB members will be required to eFile in the appellate courts on and after (Continued on page 4)

May 14, 2015 Capitol Insider

(Continued from page 3) 013 / 15-01 (effective June 1, 2015), available at http:// www.ojd.state.or.us/Web/OJDPublications.nsf/ORAP? Use of the appellate eFiling system requires a separate ac- OpenView. count from the Oregon circuit court eFiling system (File and Serve) and the circuit court and appellate court case- For more information, please visit the Oregon Judicial De- access systems (OJCIN and ACMS). partment’s website and consult the Oregon Appellate Court Mandatory eFiling Frequently Asked Questions, available The rules governing appellate eFiling can be found in the at http://courts.oregon.gov/OJD/docs/onlineservices/efile/ Oregon Rules of Appellate Procedure chapter 16, as appellate_mandatory_efiling_faqs.pdf. amended by Chief Justice / Chief Judge Order (CJO) 15-

May 28, 2015 OSB Public Affairs Newsletter for Bar Leaders

2015 PUBLIC AFFAIRS COMMITTEE

Travis Prestwich, Chair, Salem John Mansfield, Vice-Chair, Portland Tim Williams, Bend Charles Wilhoite, Portland Elisabeth Zinser, Ashland Guy Greco, Newport Kathleen Rastetter, Oregon City

How a Bill Becomes a Legislators Shift Focus to the State Budget Law

Once a bill passes both chambers, there are still a The release of the quarterly economic and rev- the Joint Committee on Ways and Means and number of steps that need to enue forecast by the Office of Economic Anal- its subcommittees. For example, the Oregon be completed before legisla- ysis on May 14, 2015, marked the beginning Judicial Department budget bill SB 5514 and tion becomes law. of the end of the legislative session. This, cou- the Public Defense Services Commission

The enrolled bill is sent to pled with internal legislative deadlines requir- budget bill SB 5533 will receive work ses- the Governor who has five ing bills to pass out of committee by June 5, sions and be voted on by the full committee in days to take action. If the 2015, in the majority of House and Senate the coming weeks. Further, policy bills with Legislative Assembly is adjourned, the Governor has committees, means the focus is swinging to- budgetary implications that have been referred 30 days to consider it. wards the state budget. Legislators are consti- to the committee may also be scheduled for tutionally required to close the session on July public hearings and work sessions in the five If the Governor chooses to 11, 2015; however Senate and House leader- subcommittees. Many of the bills that the Or- sign the bill, it will become law on January 1 of the year ship have identified June 26, 2015, as a goal to egon State Bar tracks will end up in the Sub- after the passage of the act or adjourn sine die or end session. committee on Public Safety, co-chaired by on the prescribed effective With the policy committees winding down, Senator Chip Shields and Representative Jen- date. The Governor may allow a bill to become law much of the legislature’s work will move to nifer Williamson. without his/her signature, or the Governor may decide to Workgroup to Modify Oregon’s Advance-directive Law veto the bill. The Governor’s veto may be overridden by a Begins Discussions two-thirds vote of both hous- es. On May 8, members of the Estate Planning with developing consensus legislation for the and Administration section, the Elder Law 2016 legislative session. A subcommittee met The complete process is section, and the Health Law section met with in Salem on May 21 to further discuss possi- outlined on the Oregon State Legislature’s website under representatives from Oregon’s hospitals, the ble modifications to the current process and the Citizen Engagement tab. Oregon Medical Association, ethicists, educa- requirements. tors, and stakeholders to discuss SB 193, If you have questions about SB 193 or the PUBLIC AFFAIRS which would update Oregon’s advance- workgroup, please contact Susan Grabe, Ore- DEPARTMENT gon State Bar Public Affairs Director, at directive statute. Currently, the Oregon Re- Susan Grabe, [email protected]. Public Affairs Director vised Statutes include a form that Oregonians Amy Zubko, must utilize when completing an advance di- Public Affairs Legislative Attorney rective. Matt Shields, Public Affairs Staff Attorney The workgroup met at the request of State Amanda Lunsford, Senator Floyd Prozanski (D-4), chair of the Public Affairs Assistant Senate Judiciary Committee, and is charged

May 28, 2015 Capitol Insider Law Enforcement Body Cameras Debated in the Legislature

This session, a bipartisan, bicameral group of legislators sponsored House Bill 2571, a bill that would require law enforcement agencies to establish policies and procedures for the use and retention of recordings from body cameras in Oregon. The bill does not require agencies to implement the use of body cameras, but rather requires them to create policies and procedures for retaining recordings if they are taken, as well as identifies what data may be released. The bill passed the House with a 50-9 vote and a public hearing was held in the Senate Judiciary Committee on May 21, 2015, with a work session scheduled for June 2, 2015.

Oregon State Bar’s Law Improvement Bills Move Through the Legislative Process

1. SB 381 - Timeline, Board of Bar Examiners, Out-of-State Delegate to Oregon State Bar’s Board of Governors – Passed out of both chambers. Signed by the Governor on May 20, 2015.

2. HB 2327 - Custodianship – Passed out of both chambers. Signed by the Governor on March 12, 2015.

3. HB 2328 - Entity Representation – Passed out of both chambers. Signed by the Governor on March 12, 2015.

ADMINISTRATIVE LAW SECTION:

4. SB 372 - Machine Readable Final Orders – On hold.

APPELLATE PRACTICE SECTION:

5. HB 2336 - Filing and Service by Third-Party Commercial Carriers – Passed out of both chambers. Signed by the Gov- ernor on April 14, 2015.

BUSINESS LAW SECTION:

6. HB 2330 - Dissenters' Rights and Plan Filing – Passed out of both chambers. Signed by the Governor on April 14, 2015.

CONSUMER LAW SECTION:

7. SB 367 - Debt Transfer in a Foreclosure – Passed out of both chambers. Signed by the Governor on May 20, 2015.

CONSUMER LAW AND DEBTOR-CREDITOR SECTION:

8. SB 368 - Money Awards in Judicial Foreclosure – Passed the Senate. Passed the House Judiciary Committee. On the House floor awaiting a vote.

ESTATE PLANNING SECTION:

9. SB 369 - Digital Assets – Sent to the Senate Rules Committee (first chamber). Workgroup working on amendments.

(Continued on page 3)

May 28, 2015 Capitol Insider

(Continued from page 2)

10. HB 2331 - Uniform Trust Code – Passed out of both chambers. Signed by the Governor on May 21, 2015.

FAMILY LAW SECTION:

11. SB 370 - Retirement Benefits for Former Spouses – Passed the Senate. Passed the House Business and Labor Com- mittee on May 22, 2015.

12. HB 2332 - Exchange of Financial Documents – Passed the House. Tabled on the Senate floor.

PROCEDURE AND PRACTICE COMMITTEE:

13. HB 2333 - Minority Tolling – Passed the House. Passed the Senate Judiciary Committee on May 28, 2015 (second chamber).

TAXATION SECTION:

14. HB 2334 - Timeline for Filing Hardship Affidavit – Passed out of both chambers. Signed by the Governor on April 28, 2015.

UNIFORM CRIMINAL JURY INSTRUCTIONS COMMITTEE:

15. HB 2335 - Criminal Trespass Correction – Passed out of both chambers. Signed by the Governor on March 18, 2015.

WORKERS’ COMPENSATION SECTION:

16. SB 371 - Closure Notices and Interpreter Services – Passed the Management-Labor Advisory Committee. Passed out of both chambers. Signed by the Governor on May 21, 2015.

Fees No Longer Charged in Stalking Protective Order Cases

Effective May 18, 2015, filing fees, service fees, and hearing fees may no longer be charged in stalking protective order cases where a party also seeks a claim for damages. HB 2628 (Oregon Laws 2015, chapter 89), which took effect immediately upon signature of the Governor, eliminated these fees to ensure that Oregon remains eligible for federal Violence Against Women Act (VAWA) funds. One of the eligibility requirements for these funds is that protective orders be available without filing or service fees.

In response to this measure, the Oregon Judicial Department (OJD) revised its Circuit Court Fee Schedule. The revised fee schedule (effective May 18, 2015) is available on the OJD website at: http://courts.oregon.gov/OJD/courts/Pages/ Fees.aspx

June 11, 2015 OSB Public Affairs Newsletter for Bar Leaders

2015 PUBLIC AFFAIRS COMMITTEE

Travis Prestwich, Chair, Salem John Mansfield, Vice-Chair, Portland Tim Williams, Bend Charles Wilhoite, Portland Elisabeth Zinser, Ashland Guy Greco, Newport Kathleen Rastetter, Oregon City

Legislative Days Public Defense Services Commission budget to be voted on by full Ways and Means Committee September 28-30, 2015 November 16-18, 2015 January 13-15, 2016 On June 4, the Public Safety Subcommittee of service-level budget for the 2015-2017 bienni- the Joint Ways and Means Committee held a um. The increase in funding will be used to 2016 Legislative Session February 1, 2015 – work session on SB 5533, the Public Defense increase case rates to private and consortia March 5, 2015 Services Commission (PDSC) budget bill. contract attorneys, increase funding for mile- After a review of the budget recommendations age reimbursements, and establish a perma- Release Dates for from the Legislative Fiscal Office, the bill was nent, full-time deputy general counsel position upcoming revenue moved out of the subcommittee and will be to administer the Parent Child Representation Forecasts voted on by the full committee on Friday, June Program. August 26, 2015 12. PDSC governs the Office of Public Defense December 2, 2015 The PDSC Total Funds recommended budget Services which provides public defense ser- for the 2015-2017 biennium is $276,212,618, vices at the trial and appellate court level. approximately $5.6 million over the current

PUBLIC AFFAIRS DEPARTMENT Legislative Policy Committees Closed

Susan Grabe, Public Affairs Director After four busy months of public hearings, ments were made in the Senate. And SB 369, Amy Zubko, Public Affairs Legislative Attorney work sessions, negotiations, and votes, the the Estate Planning and Administration’s pro- Matt Shields, Oregon State Legislature’s policy committees posed digital-assets legislation, is currently in Public Affairs Staff Attorney shut down on June 5, 2015. At this point in the the Senate Rules Committee awaiting further Amanda Lunsford, session, only bills that are in a Rules or Reve- amendments. Public Affairs Assistant nue Committee or in a joint committee such as the Ways and Means or Tax Credits Commit- Thank you to every section member who tee are still alive. worked on the 2015 law improvement package. We look forward to working with you on The Oregon State Bar’s 2015 law- law-improvement bills for the 2017 legislative improvement bills have, for the most part, session. made it through the legislative process. HB 2333, which was submitted by the Procedure and Practice Committee, will need to return to the House for a concurrence vote after amend-

June 11, 2015 Capitol Insider Privacy Bills This session, a bipartisan group of legislators proposed a package of bills to strengthen Oregon’s privacy laws. The coa- lition, made up of Senator Chip Shields, Senator Tim Knopp, Representative John Huffman, and Representative Jennifer Williamson, working with the American Civil Liberties Union, introduced three bills this session.  Senate Bill 639, would restrict the use of motor vehicle registration plate surveillance cameras.  Senate Bill 640 would prohibit a public body from obtaining location information from an electronic device without a warrant except in certain circumstances.  Senate Bill 641 would prohibit law enforcement from duplicating or copying data from a portable electronic device without a warrant or consent. While SB 640 died in committee, SB 639 is currently in the Senate Rules Committee and SB 641 passed the Senate and the House Judiciary Committee and is on its way to the House floor in the next week.

Oregon State Bar’s Law Improvement Bills Move Through the Legislative Process

1. SB 381 - Timeline, Board of Bar Examiners, Out-of-State Delegate to Oregon State Bar’s Board of Governors – Passed out of both chambers. Signed by the Governor on May 20, 2015.

2. HB 2327 - Custodianship – Passed out of both chambers. Signed by the Governor on March 12, 2015.

3. HB 2328 - Entity Representation – Passed out of both chambers. Signed by the Governor on March 12, 2015.

ADMINISTRATIVE LAW SECTION:

4. SB 372 - Machine Readable Final Orders – On hold.

APPELLATE PRACTICE SECTION:

5. HB 2336 - Filing and Service by Third-Party Commercial Carriers – Passed out of both chambers. Signed by the Gov- ernor on May 18, 2015.

BUSINESS LAW SECTION:

6. HB 2330 - Dissenters' Rights and Plan Filing – Passed out of both chambers. Signed by the Governor on April 14, 2015.

CONSUMER LAW SECTION:

7. SB 367 - Debt Transfer in a Foreclosure – Passed out of both chambers. Signed by the Governor on May 20, 2015.

CONSUMER LAW AND DEBTOR-CREDITOR SECTION:

8. SB 368 - Money Awards in Judicial Foreclosure – Passed out of both chambers. Sent to the Governor.

ESTATE PLANNING SECTION:

9. SB 369 - Digital Assets – Sent to the Senate Rules Committee (first chamber). Workgroup working on amendments. (Continued on page 3)

June 11, 2015 Capitol Insider

(Continued from page 2)

10. HB 2331 - Uniform Trust Code – Passed out of both chambers. Signed by the Governor on May 21, 2015.

FAMILY LAW SECTION:

11. SB 370 - Retirement Benefits for Former Spouses – Passed both chambers. Sent to the Governor.

12. HB 2332 - Exchange of Financial Documents – Passed the House. Tabled on the Senate floor.

PROCEDURE AND PRACTICE COMMITTEE:

13. HB 2333 - Minority Tolling – Passed the House. Passed the Senate on June 8, 2015. Passed the House with Senate Amendments on June 10, 2015.

TAXATION SECTION:

14. HB 2334 - Timeline for Filing Hardship Affidavit – Passed out of both chambers. Signed by the Governor on April 28, 2015.

UNIFORM CRIMINAL JURY INSTRUCTIONS COMMITTEE:

15. HB 2335 - Criminal Trespass Correction – Passed out of both chambers. Signed by the Governor on March 18, 2015.

WORKERS’ COMPENSATION SECTION:

16. SB 371 - Closure Notices and Interpreter Services – Passed the Management-Labor Advisory Committee. Passed out of both chambers. Signed by the Governor on May 21, 2015.

Race in the Rotunda

On June 3, the Oregon State Bar Diversity section and Willamette University College of Law presented: “Race in the Rotunda: Promoting and Monitoring Minority Interests in the Legislature.” Bar members, Judy Parker, Liani Reeves, and Danny Santos, along with Lucy Baker, Administrator for the Oregon Advocacy Commissions Office, discussed legislative advocacy, executive appointments, and how to advance the issues of minority populations in the legislative are- na. Over the course of an hour, the group discussed opportunities for individuals working within the legislative and executive branches to advocate for legislation affecting minority communities, as well as the importance of stakeholders in the legislative process to accomplish this same goal.

In addition, the panel discussed the legislative and public policy work of the Oregon Advocacy Commissions: the Ore- gon Commission on Asian and Pacific Islander Affairs, the Oregon Commission on Black Affairs, the Oregon Commis- sion on Hispanic Affairs, and the Oregon Commission for Women. Each commission’s involvement with the legislative process ranges from tracking legislation and submitting testimony on proposed legislation, to publishing policy briefs.

The Commissions are currently offering a joint internship with the Oregon Commission on Black Affairs, the Oregon Bureau of Labor and Industry, the Governor’s Office of Diversity and Inclusion, and the Governor’s Offices Community Colleges and Workforce Development.

Getting Ready for Oregon Legislation Highlights

Once again, it’s time for the annual Oregon Legislation Highlights, an annual publication providing timely and authori- tative information on the latest legislative developments. The publication is a helpful bridge between the close of the legislative session and the publication of the Oregon Revised Statutes for practitioners.

Legislation Highlights is created by Bar volunteers and reviewed and edited by the Legislature’s Office of Legislative Counsel and the Oregon State Bar’s Public Affairs Department. The Legislation Highlights will be published after the close of session on the Public Affairs Department’s webpage.

If you are interested in volunteering to review legislation or are interested in purchasing Oregon Legislation Highlights, please contact [email protected].

July 2, 2015 OSB Public Affairs Newsletter for Bar Leaders

2015 PUBLIC AFFAIRS COMMITTEE

Travis Prestwich, Chair, Salem John Mansfield, Vice-Chair, Portland Tim Williams, Bend Charles Wilhoite, Portland Elisabeth Zinser, Ashland Guy Greco, Newport Kathleen Rastetter, Oregon City

Thank you to Oregon’s Judicial Budget Passes Full Ways and Means legally-trained Legislators for your tireless efforts The Oregon Judicial Department (OJD) funding for approximately 20 new staff mem- throughout the legislative budget for the 2015 to 2017 biennium passed bers. In addition, the legislature provided the session. out of the Full Ways and Means Committee necessary funding to continue eCourt imple- and is on its way to the Senate, House, and mentation, approved the continuing expendi- OREGON SENATE ultimately the Governor’s office. While there ture of grants for treatment courts, and par- Peter Courtney Betsy Johnson are still some areas that have not been final- tially approved funding for additional posi- Floyd Prozanski ized and may be addressed through the end of tions in family court. session wrap-up legislation, the vast majority OREGON HOUSE of the OJD’s operating budget is included in At this point in the session, outstanding is- Phil Barnhart SB 5514 sues include bonding for courthouse facili- Brent Barton ties, additional funding for pass-through enti- Cliff Bentz John Davis SB 5514 includes a total funds increase of ties such as the Oregon Law Commission and Shemia Fagan $14,418,064, a 2.8 percent increase over the Oregon Legal Aid Services, and judicial com- Ken Helm 2013 to 2015 legislatively-approved budget. pensation. These issues may still be ad- Ann Lininger Among other things, the legislature provided dressed in other bills. Mike McLane Dan Rayfield Jennifer Williamson Ethics Reform Package Moves through Legislature

In response to Governor Kitzhaber’s resignation, All three bills have passed both chambers and SB Governor Brown submitted an ethics package con- 9 has been signed by the Governor. sisting of three bills this session. The House and Senate Republicans also proposed  HB 2019 – Expands the membership of the a number of government ethics bills this session, Oregon Government Ethics Commission. including creating an impeachment process in HJR  HB 2020 – Defines public official to include 31. While the bill passed out of the House, it did spouses of some elected officials and requires not make it out of committee in the Senate. There PUBLIC AFFAIRS these spouses to submit economic-interest appears to be some interest in bringing the pro- DEPARTMENT statements to the Oregon Government Ethics posal back in the 2016 legislative session.

Susan Grabe, Commission. Public Affairs Director  SB 9 – Directs the Secretary of State to per- Amy Zubko, form an audit of the state-agency records re- Public Affairs Legislative Attorney Matt Shields, tention and disclosure policies. Public Affairs Staff Attorney Amanda Lunsford, Public Affairs Assistant

July 2, 2015 Capitol Insider Sections Track and Respond to Proposed Legislation This session, as part of the Oregon State Bar’s law-improvement program, representatives from bar sections and groups travelled to Salem in support and opposition of a number of proposed bills. Below are just a few of the bills that the sections and groups reviewed and responded to. Thank you to each volunteer for taking on the herculean task of tracking legislation throughout the session. Your insights, suggestions, and feedback played an important role in the development of Oregon’s statutes. Oregon State Bar Board of Governors and the Citizen’s Campaign for Court Funding – Rich Spier, President of the Oregon State Bar and member of the Oregon State Bar Board of Governors, and Mike Haglund, on behalf of the Citizen’s Campaign for Court Funding, travelled to Salem in early March to testify in support of SB 5514, the Oregon Judicial Department’s 2015 to 2017 proposed budget. See Page 1 for additional information on SB 5514. Administrative Law Section – This session, the Administrative Law section identified a number of bills that imposed costs for requesting a contested case hearing. The section was concerned that imposing these costs would limit the due process rights of an aggrieved person. Led by Janice Krem and Judy Parker, the section shared its concerns regarding SB 580, which addresses the Landscape Contractor’s Board, with the House Committee on Business and Labor. As a result, section 2 of the bill, which imposed costs, was removed from the final bill. Alternative Dispute Resolution Section –This session, the Attorney General submitted SB 189, which modifies the process for the adoption of rules related to mediation confidentiality. The proposed changes would simplify a process that has historically been ir- regular and confusing. The Alternative Dispute Resolution section supported the legislation and submitted testimony in the Senate Judiciary Committee endorsing the proposed legislation. The bill was signed by the Governor on May 20, 2015, and went into effect on that date. Debtor-Creditor Law Section – Under the leadership of Representative Shemia Fagan, a cross section of stakeholders, including the Department of Consumer and Business Services and the Department of Justice, worked towards creating comprehensive legislation governing the actions of debt collectors. The Debtor-Creditor section’s legislative group actively followed developments throughout the legislative session and provided feedback to Representative Fagan. Estate Planning and Administrative Law Section - This session, SB 193 was introduced. The bill would have removed the advance- directive form from statute and prohibited a state agency from prescribing form or content of advance directive. Hilary Newcomb, Jeff Cheyne, and Matt Whitman of the Estate Planning and Administrative Law section’s executive committee submitted testimony sharing the section’s concerns with the proposed legislation. In response, the chair of the Senate Judiciary Committee convened a work group to develop consensus language for the 2016 legislative session. The work group, including representatives from the section, began work in early May.

Proposed Interim Workgroups

Once again there will be a number of legislative work groups addressing a wide variety of issues in the coming months. Section and committee members, along with the Public Affairs Department, will continue to work with legislators and stakeholders on a number of issues once the session is complete. Please contact [email protected] if you have any questions.  SB 193 – Advance Directives – Legislative Workgroup  HB 2221 – Power of Attorney – Possible Oregon Law Commission Workgroup  Guardianship  HB 2224 – Elder Abuse – Possible Oregon Law Commission Workgroup  HB 3525 – Notary Fraud – Legislative Task Force  Presumption of Joint Custody – Legislative Workgroup

July 9, 2015 OSB Public Affairs Newsletter for Bar Leaders

2015 PUBLIC AFFAIRS COMMITTEE

Travis Prestwich, Chair, Salem John Mansfield, Vice-Chair, Portland Tim Williams, Bend Charles Wilhoite, Portland Elisabeth Zinser, Ashland Guy Greco, Newport Kathleen Rastetter, Oregon City

Thank you to the Senate and House Judiciary Session Ends July 6, 2015 Committee staff for your tireless efforts throughout After a week of non-stop floor sessions and  Ethics and public records reform the legislative session. budgetary committee meetings, the Oregon  Gain Share and the Strategic Investment

State Legislature shut down for the holiday Program Channa Newhall, Counsel Erick Deitrick weekend after passing the final bills out of  Gun legislation Jeff Rhoades the Joint Ways and Means Committee Friday Laura Handzel evening. Legislators returned Monday morn- Thank you to all of the legislators, staff, Mike Reiley ing to vote on the last bills of the session and stakeholders, and volunteers for your hard Kristi Arrington send them to the Governor for her signature. work and commitment to the legislative pro- Jenny Donovan After a full day of floor sessions, the cham- cess during the last six months. Danguole Lekaviciute Corey Rosenberg bers jointly declared sine die at 6:02 pm. More information on these and other pieces Significant areas of legislation this session of legislation that passed during the 2015 leg- PUBLIC AFFAIRS DEPARTMENT included: islation will be included in the 2015 Legisla-

Susan Grabe, Recreational and medical marijuana and the tion Highlights, written by Bar members and Public Affairs Director implementation of Measure 91 published by the Oregon State Bar. Amy Zubko,  The clean fuels programs and the pro- Public Affairs Legislative Attorney Matt Shields, posed transportation package Public Affairs Staff Attorney Amanda Lunsford, Public Affairs Assistant Amendments Made by Oregon Legislature to Oregon Rules of Civil Procedure

House Bill 2911 was signed into law on June establish the three day extension for respond- 2, 2015 and, with an emergency clause, being to a pleading or document served by e came effective immediately. The Bill repealed mail became effective on June 2, 2015. The ORCP 10 B relating to terms of court and in- three day extension for a response now ap- corporated the Council's promulgated amend- plies to documents served by mail. by facsim- ments to ORCP 9 F and 10 C (now 10 ile transmission, or by e mail. B). Therefore, the Council's amendments to

July 9, 2015 Capitol Insider Oregon Judicial Department Receives Bonding Authority for Oregon eCourt Implementation

The Oregon Judicial Department (OJD) requested funding from a variety of sources to continue the successful implementation of Oregon eCourt. The eCourt program is currently running in 19 counties with nine more to be added by the end of the calendar year.

HB 5005 establishes the maximum amount of bonds and third-party financing agreements that state agencies may issue, as well as the amount of revenue state agencies may raise. This biennium, the OJD requested bonding authority through Policy Option Package 302, which would have allowed for the complete implementation of the program in the 2015 to 2017 biennium. The legislature approved $14.5 million in XI-Q bonding authority for the OJD in HB 5005 for the eCourt program. In addition, there is approximately $3.5 million in general and other funds for Policy Option Package 311, which will provide funding for technical operations, training, and business processes. Bonds are scheduled to be sold in 2017.

Bonding Authority for Courthouses Approved

Over the last few biennia, the Oregon Judicial Department (OJD) has prioritized funding for courthouse facilities. This session, three county courthouse capitol construction projects funded through the Oregon Courthouse Capital Construc- tion and Improvement Fund (OCCCIF) received bonding authority in HB 5005. The 2015 to 2017 legislatively adopted budget includes $17.4 million for the Multnomah County Central Courthouse project, $2.5 million for the Jefferson County Courthouse project, and over $7.8 million for the Tillamook County project.

In addition, the legislature lifted the expenditure limitation on the bonds authorized during the 2013 to 2015 biennium for the Multnomah County and Jefferson County projects to $39.8 million. This will allow the OJD to spend $19.9 million of bond proceeds and up to $19.9 million of the required county matching funds to move these projects forward. The legislature requested that the Tillamook County project return and report on their progress in the coming months.

Additional Funding for the Oregon Law Commission and Oregon’s Legal Aid Programs

The Oregon Judicial Department’s (OJD) budget includes pass-through funding for a number of programs, including the Oregon Law Commission and Oregon’s legal aid programs. This biennium, the Joint Committee on Ways and Means provided additional funding for these programs through SB 5507. While SB 5514, the OJD’s budget bill, provided for more than $232,000 for the Oregon Law Commission, SB 5507 provided an additional $100,000 for additional staffing.

Oregon’s legal aid programs, which will receive its current statutory allocation, received an additional $600,000 of Gen- eral Fund dollars under SB 5507. This is the first time Oregon’s legal aid programs have received a General Fund appropriation since the 2009 to 2011 biennium and the appropriation will help to fill an expected hole in federal funding.

July 9, 2015 Capitol Insider Oregon Judges Receive Cost of Living Adjustment

This session, the Oregon Judicial Department identified increasing judicial compensation as a budget priority area for the 2015 to 2017 biennium. The department’s hope was to fund judicial salaries at the level recommended in 2008 by the Public Official Compensation Commission at a cost of $4.5 million from the General Fund. While the legislature did not directly increase judicial compensation, in sections 27 to 28 of SB 501, the program change bill, the annual salaries of Oregon Supreme Court, Oregon Court of Appeals, Oregon Circuit Court, and Oregon Tax Court judges will receive a cost of living adjustment (COLA). The COLA increase will be equal to the percentage of any positive COLA granted to employees defined as management service in the executive department. The change takes effect on or after the effective date of the bill.

Family Preservation Program at Coffee Creek Correctional Facility Receives $400,000

The Family Preservation Program at Coffee Creek was originally funded by the Oregon Department of Corrections (DOC) in 2010. The program worked with the DOC to serve the best interests of the children of incarcerated parents by increasing therapeutic visitation between children and parents. The program was defunded in 2014. SB 5507 includes a one-time $400,000 General Fund appropriation for the YWCA of Greater Portland to administer the program. The program will be run by the YWCA with support from the DOC.

Justice Reinvestment Grant Program Receives an Additional $5 Million in End of Session Bill

During the 2013 Legislative Session, the Oregon Legislature passed HB 3194. The bill was expected to significantly slow prison growth over the next few years and save taxpayers approximately $300 million. The program allows for the distribution of the savings from averted prison growth to community-based programs through the Justice Reinvestment Grant Program.

This session, the Criminal Justice Commission received approximately $35 million from the General Fund for the Jus- tice Reinvestment Initiative grants through its budget bill, SB 5506. This amount was increased by an additional $5 million under SB 5507, the budget reconciliation bill, for a total of $40 million in grants. The funding will be distributed to individual counties based on the amount of savings a county generates.

August 21, 2015 OSB Public Affairs Newsletter for Bar Leaders

2015 PUBLIC AFFAIRS COMMITTEE

Travis Prestwich, Chair, Salem John Mansfield, Vice-Chair, Portland Tim Williams, Bend Charles Wilhoite, Portland Elisabeth Zinser, Ashland Guy Greco, Newport Kathleen Rastetter, Oregon City

Two Retirements Announced in Oregon Appellate Courts

Oregon Supreme Court Justice Virginia L. Linder and Oregon Court of Appeals Chief Judge Is your section or Rick Haselton announced last week that they will both retire at the end of the year. committee interested in submitting legisla- Justice Linder joined the Supreme Court in 2007 and was the first woman to initially attain a tion for the 2017 leg- position on that court by election. Chief Judge Haselton’s tenure on the Court of Appeals, islative session? A which spanned 21 years, makes him the longest-serving judge in the history of that court. member of the Public Thank you to both Justice Linder and Chief Judge Haselton for your years of service to the Affairs Department courts and the people of Oregon. will be contacting each section and com- Under Oregon law, the Governor is responsible for appointing successors to serve through the mittee chair this fall to next election, which will be in November 2016. Appointees then have the opportunity to run in arrange a visit to dis- that election for a six-year term. The Oregon State Bar’s Appellate Screening Special Commit- cuss possible legisla- tee, chaired by Board of Governors member Josh Ross, is looking forward to working with Bar tive proposals, answer members, the Governor’s office, the Oregon Judicial Department, and candidates in the com- questions, and discuss ing months to identify appointees. timelines and deadlines. If you have any Advance Directive Work Group Meets throughout the questions, please con- Summer tact us at [email protected]. During the 2015 legislative session, propo- companies, the Oregon Medical Association, nents of modifying Oregon’s Advance Di- the Oregon Nurses Association, the Oregon rective introduced SB 193 in the Senate. A Healthcare Association, the AARP; and edu- public hearing was held in the Senate Judici- cators and advocates in the community have ary Committee, where Jeff Cheyne and Hilary been meeting throughout the summer. The Newcomb presented testimony from the Estate group has surveyed practitioners on the cur- Planning and Administration section. Alt- rent form and format as well as worked on hough the bill did not move forward, Senator proposed changes to the Health Care Repre- PUBLIC AFFAIRS Floyd Prozanski, chair of the committee, resentative section of the Advance Directive. DEPARTMENT quested that stakeholders convene a work Susan Grabe, group to develop consensus legislation for the The work group’s goal is to develop a set of Public Affairs Director 2016 legislative session. remedies, including proposed legislation, to Amy Zubko, Public Affairs Legislative Attorney present during the September Legislative Matt Shields, The work group, made up of representatives Days. Thank you to Stephanie Carter, Mike Public Affairs Staff Attorney from the Elder Law, Estate Planning and Ad- Schmidt, Hilary Newcomb, and Matt Whit- Amanda Lunsford, ministration, and Health Law sections; repre- man for your efforts with this work group. Public Affairs Assistant sentatives from hospital systems, insurance

August 21, 2015 Capitol Insider Review of 2015-2017 State Budget and a Look Forward

Each biennium, the Legislative Fiscal Office (LFO) prepares a number of post-session reports on the bi-annual budget. The 2015-17 Legislatively Adopted Budget: General Fund/Lottery Funds—Summary has been released and is available on the LFO’s webpage under the Publications tab.

In the coming months, the LFO will release two additional reports: Budget Highlights: 2015–17 Legislatively Adopted Budget and the more in-depth Analysis of the 2015–17 Legislatively Adopted Budget, which are found under the Budget Analyses tab of the LFO’s webpage. Historically, Highlights has been published in August and the Analysis has been published in September.

Although the 2015–2017 budget was completed and passed just a month ago, there are already signs that the next budget cycle may be challenging. Between the Supreme Court decision in the Moro case, which limited the savings from the PERS legislation passed in the 2013 legislative session, and the expected decrease in federal Medicaid funding, the 2017 –2019 budget may be difficult to craft. Oregon Judicial Department Launches a New eFiling Website

A new eFiling website for users of Oregon Judicial Depart- While eFile users are encouraged to switch to the new web- ment (OJD) eFiling system (also known as Odyssey File site or to use a different web browser as of August 28, the and Serve) will be launched at the end of the month. The Silverlight website (Oregon.tylerhost.net) will continue to launch of the updated website is in response to Google’s be available for several months during the transition period decision to end support of Silverlight, a web plug-in used along with the new website (OJD eFiling HTML 5). For by the current website. The new website will be accessible more information, please go to http://courts.oregon.gov/ through http://courts.oregon.gov/OJD/OnlineServices/ OJD/docs/OnlineServices/eFile/Announcement_OJD- OJDeFiling/Pages/index.aspx and is scheduled to be eFiling-HTML-5.pdf for the OJD eFiling website launch launched on August 28, 2015. It will allow users to file factsheet. their cases and documents without having to use the Silver- light plug-in and is compatible with the following up-to- date browsers: Chrome, Firefox, Internet Explorer, and Sa- fari. eCourt Moves Forward with Policy and Standards for Acceptance of Electronic Filings On July 1, 2015, CJO 15-026, which implemented the Oregon Judicial Department Policy and Standards of Acceptance of Electronic Filing in Oregon, went into effect. The policy and supporting documentation spell out the treatment and possible cures for:

 Failing to comply with an eFiling process  Failing to comply with a Uniform Trial Court Rule or the Oregon Rules of Civil Procedure, and  Technical errors (either by the eFiler or the system).

Currently, as each circuit court goes live with the Odyssey case management system, the implementation process allows for permissive eFiling beginning 30 days after a court implements Odyssey, with mandatory eFiling beginning 60 business days after implementation. The goal of the new policy and standards is to ensure consistent treatment concerning the acceptance and return of electronic court filings through Oregon’s circuit courts.

Mandatory eFiling for active members of the Oregon State Bar is expected to be in place in all Oregon circuit courts by the fall of 2016. 2

October 30, 2015 OSB Public Affairs Newsletter for Bar Leaders

2015 PUBLIC AFFAIRS COMMITTEE

Travis Prestwich, Chair, Salem John Mansfield, Vice-Chair, Portland Tim Williams, Bend Charles Wilhoite, Portland Elisabeth Zinser, Ashland Guy Greco, Newport Kathleen Rastetter, Oregon City

Oregon eCourt Filing for 2016 Elections News:  Chief Justice signed As a result of Governor Kitzhaber’s resignation, a special election is being held for Governor CJO 15-058 Adopting in 2016, to fulfill the remainder of this term. This means that next year Oregonians will have an Out of Cycle the opportunity to vote in five statewide non-judicial elections: Governor, Secretary of State, Amendment to UTCR State Treasurer, Attorney General, and the United States Senate seat currently held by Ron 5.100 Wyden. Governor Brown has announced her intention to run for reelection, but she has not  OJD: Expansion of officially filed. The governorship will also be on the ballot in 2018. Electronic Notifica- tions September 10, 2015 was the first day that candidates could submit declarations of candidacy  OJD: Upcoming for the 2016 primary election. While some candidates announced before the filing date, many Changes to Electroni- other candidates will wait to announce their candidacy. Candidates have until March 8, 2016 cally Signed Docu- ments to file for the 2016 primary. Candidates who have already declared their intention to run in 2016 include: Upcoming Dates and Deadlines: Secretary of State: Brad Avakian (current Commissioner of the Oregon Bureau  HOD Meeting - Nov. of Labor and Industry), State Representative Val Hoyle (D-Eugene), former State Rep 6, 2015 resentative Dennis Richardson (R-Rogue River), and State Senator Richard Devlin (D-  Nov. Legislative Days Lake Oswego). (Current Secretary of State Jeanne Atkins has previously announced - Nov. 16-19 she will not run for a full term.)  Revenue Forecast - Dec. 2, 2015 State Treasurer: State Representative Tobias Read (D-Beaverton) and former State  Bar Group Deadline Senator Chris Telfer (I-Bend). for 2017 Legislation - April 1, 2016 In addition, a number of legally trained legislators must stand for election this year. None of the legally trained state senators are up for reelection in 2016. Senator Floyd Prozanski (D- Lane County) was previously facing the prospect of a recall election, but supporters of the re-

PUBLIC AFFAIRS call failed to submit the required number of signatures in time to get the recall on the ballot. In DEPARTMENT the House, representatives Cliff Bentz (R-Ontario), Shemia Fagan (D-Happy Valley), and Phil

Susan Grabe, Barnhart (D-Lane County) have all filed for reelection. If you would like additional infor- Public Affairs Director mation on the 2016 election, please visit the Secretary of State’s election webpage. Amy Zubko, Public Affairs Legislative Attorney Matt Shields, Public Affairs Staff Attorney Amanda Lunsford, Public Affairs Assistant

October 30, 2015 Capitol Insider Revenue Forecast

In August, the Office of Economic Analysis released its state income taxes. This will be processed as a rebate on quarterly revenue forecast. At that point, revenue projec- 2015 taxes, so Oregonians will not see the money until they tions put revenue about $400 million over the original fore- file their taxes next spring. The median payout is currently cast, which is more than the 2% required to trigger Ore- expected to be about $120. The next full revenue forecast gon’s kicker rebate. In October, numbers were revised will be released in December. downward only slightly, putting Oregon taxpayers on pace to receive a rebate of approximately 5.6% of their 2014 2015 House of Delegates Meeting

The 2015 OSB House of Delegates in the Client Security Fund assessment, are welcome to participate in the meet- meeting will take place at 10:00 a.m. so the net increase for members would ing, though only HOD delegates are on Friday, November 6, at the OSB be $20. eligible to vote on resolutions. Center in Tigard. Among several agenda items on which the delegates will Attendees will also have the opportuni- You can view the entire agenda on the vote is the first increase in the annual ty to participate in a discussion with OSB website. licensing fee in 10 years. The proposed Chief Justice Thomas Balmer on increase is $50 per year, though it is changes to the practice of law and to timed to coincide with a $30 reduction the justice system. All OSB members Advance Directive Workgroup

At the request of the Senate Judiciary Chair Floyd Prozanski, an interim legislative workgroup on advance directives has been meeting at the OSB Center to examine and update the advance directive process. A small group of lawyers, consumer advocates, medical professionals, and representatives for health insurance companies have been reviewing proposed language to update the Health Care Representative form and the Health Care Instructions form as well as the process to make modifications in the future. While the group has not reached a consensus on a specific proposal, it appears likely that legislation on this topic will appear in 2016 and 2017. Notario Fraud Task Force

Over the summer, a task force on im- cating consumers on this type of fraud. migration consultant fraud has been During the 2015 legislative session, The full report is available on the legis- meeting, with the goal of crafting leg- representatives Jessica Vega Pederson lature’s website. islation for the 2016 session. The task (D-East Portland) and Joe Gallegos (D force, chair by Senator Sara Gelser and -Hillsboro) sponsored HB 3525, which If you have questions about the task Representative Jessica Vega Pederson, resulted in the creation of the task force, please contact Susan Grabe at includes, among others, members of force. The task force released an initial [email protected]. both chambers, representatives from report to legislators at the September the Oregon State Bar and the Oregon meeting of the Interim Judiciary Com- Advocacy Commissions, attorneys mittee. The report outlined a number of representing the criminal defense bar possible approaches to addressing this and prosecutors, and other interested problem, ranging from increasing op- parties. tions for criminal prosecution to edu-

October 30, 2015 Capitol Insider Initiatives

A number of legislative proposals from the 2015 legislative session have been wrapped into the upcoming initiative and referendum process. Since we last reported on proposed initiatives, a number of new proposals have been submitted addressing issues or legislation that was raised during the last session, such as:

 A repeal of the low-carbon fuel standard that passed the legislature during the 2015 session (Ballot Initiative #47). Currently the ballot title certified by the Attorney General is on appeal before the Supreme Court.  A limit on the use of emergency clauses in legislation (Ballot Initiative #49).  A limit on the release of private voter information (Ballot Initiative #50). Currently the ballot title certified by the Attorney General is on appeal before the Supreme Court.  Elimination of the mandatory retirement age for state judges (Ballot Initiative #401).  Three separate “right-to-work” initiatives, which would prohibit any requirement that public employees join or make payments to a labor union (Initiatives #35 (since withdrawn), #36, and more recently #69).

Ballot Initiative #401 was referred to the ballot by the legislature and therefore does not need to go through the signature gathering process before going to the ballot. The others, with the exception of Ballot Initiative #69, which was recently submitted, have received the first level of certification, because the proponents have submitted a sufficient number of verified signatures and have been granted certified ballot titles. Proponents will then have until next summer to collect enough signatures to place them on the November 2016 ballot.

In addition, the three proposed initiatives that were mentioned in the May 14, 2015 issue of the Capitol Insider are still active, though only the first two have been approved for signature gathering:

 Requiring 5% of lottery net proceeds to be distributed to finance services for veterans (Ballot Initiative #3).  Requiring 50% of lottery net proceeds to be distributed to counties for allocation to specified public purposes (Ballot Initiative #4).  Substantially limiting attorney fees in class actions (Ballot Initiative #25).

The Oregon Secretary of State maintains a full list of initiatives, referendums, and referrals. For more information on the process, Legislative Committee Services published a background brief on the process in 2012.

December 9, 2015 OSB Public Affairs Newsletter for Bar Leaders

2015 PUBLIC AFFAIRS COMMITTEE

Travis Prestwich, Chair, Salem John Mansfield, Vice-Chair, Portland Tim Williams, Bend Charles Wilhoite, Portland Elisabeth Zinser, Ashland Guy Greco, Newport Kathleen Rastetter, Oregon City

February 2016 Gearing Up for the 2017 Law Improvement Program Session: Is your section or committee interested in the legislative process? Is there a statutory fix that  February 1st - Session needs to be made? It may feel like the 2015 legislative session just ended, but it’s time to get Convenes ready for the 2017 legislative session. The Oregon State Bar Law Improvement Program is an avenue for Bar sections and committees to participate in the legislative process. Law improve-  February 5th - First- ment legislation includes proposals to clarify statutory ambiguities, to modify unforeseen chamber deadline to “glitches” in major legislation passed in previous session, and to codify case law as necessary. post work sessions In 2015, Bar members advocated for changes to the Uniform Trust Code, an expansion of the distribution requirements of closure notices, and modifications to the burglary and criminal th  February 11 - First- trespass statutes to follow the Oregon Supreme Court’s interpretation. chamber deadline to

hold work sessions The Public Affairs Committee of the Board of Governors oversees the Bar’s legislative activi-

ties and establishes priorities on public policy issues important to the legal profession. If your  February 18th - Sec- ond-chamber deadline Bar group intends to propose legislation for the 2017 legislative session, proposals should be to post work sessions submitted to the board’s Public Affairs Committee through the Public Affairs Department by April 1, 2016, for approval and pre-session drafting and filing. Any legislative activities  February 23rd - Sec- through the Bar must involve the regulation of the legal profession or the improvement of the ond-chamber deadline quality of legal services available to the people of Oregon. to hold work sessions Over the next few months, members of the Public Affairs Department will be visiting sections th  March 6 - Constitu- and committees to provide additional information, answer questions, and explain more about tional sine die (end of the process. If you have questions, please contact Public Affairs staff at [email protected] or session) (503) 431-6376.

Sections that are interested in submitting legislation for the 2017 legislative session through the Bar must submit their proposal by April 1, 2016, for consideration by the Board of Gover-

PUBLIC AFFAIRS nors. To ensure that groups are able to devote adequate time to the bills they propose, a Bar DEPARTMENT group may propose no more than three law improvement bills.

Susan Grabe, Public Affairs Director Revenue Forecast Amy Zubko, Public Affairs Legislative Attorney On December 2, the Office of Economic September 2015 forecasts for the 2015-2017 Matt Shields, Analysis released the December 2015 Eco- biennium. While personal income tax revenue Public Affairs Staff Attorney Amanda Lunsford, nomic and Revenue Forecast. The forecast has remained at the expected level, corporate Public Affairs Assistant showed General Fund and Lottery resources (Continued on page 2) increased over both the close-of-session and

December 9, 2015 Capitol Insider

(Continued from page 1) While a personal income tax kicker is not expected in tax revenue and Lottery revenue has been higher than ex- 2017, corporate tax collections are expected to exceed the pected. Although these increases are positive, Oregon’s 2% kicker threshold. This may result in $34.7 million dedi- revenue outlook is still uncertain, due in part to the state’s cated to K-12 funding for the 2017-2019 biennium. dependence on income tax as a revenue source.

Judiciary Committee meets during November Legislative Days

During the November Legislative Days, the House and Senate Judiciary Committees held a joint public hearing on No- vember 18. The purpose of the meeting was to discuss legislation that may be proposed during the 2016 February Ses- sion. The presentations covered:

 The “What Works in Public Safety” conference, which will be held in January 2016 in Salem and will address prison reform and incarceration,  A review of the “physical injury” definition,  The Oregon Law Commission’s recommendations on the treatment of juvenile records, and  Criminal liability in bicycle and motor vehicle collisions.

At the close of the hearing, Senator Floyd Prozanski announced a joint hearing of the House and Senate Interim Commit- tees on Judiciary to address mass shootings in Oregon. The hearing, which will be limited to invited testimony, will be held at 9 a.m. on December 17 in Hearing Room F at the Capitol. Additional information will be posted on the Senate Interim Committee on Judiciary’s webpage in the next week. Government Relations Conference Welcomes Oregon Legislators

Every year, the Government Relations spoke to the attendees about their ex- ACLU of Oregon, discussed the Uni- group of the National Association of periences in Oregon politics. The con- form Fiduciary Access to Digital As- Bar Executives meets to discuss the versation touched on balancing a legal sets Act and the revisions to the act, issues and challenges facing bar asso- practice while serving in the legisla- which have been proposed and dis- ciations throughout the country. This ture, the relationship between the legis- cussed in a number of states. November, the group met in Portland, lature and the judiciary, and how bars which provided an opportunity for the could support lawyer-legislators. Thank you to all the speakers and pan- group to hear from Oregon legislators elists who generously volunteered their on a wide range of issues. Senator Floyd Prozanski, along with time to speak with the NABE – Gov- former legislator and current chair of ernment Relations group. A panel made up of Court of Appeals the Oregon Law Commission Lane Judge Chris Garrett and House legisla- Shetterly, and Kimberly McCullough, tors John Davis and Ann Lininger Legislative Director/Counsel for the

December 30, 2015 OSB Public Affairs Newsletter for Bar Leaders

2015 PUBLIC AFFAIRS COMMITTEE

Travis Prestwich, Chair, Salem John Mansfield, Vice-Chair, Portland Tim Williams, Bend Charles Wilhoite, Portland Elisabeth Zinser, Ashland Guy Greco, Newport Kathleen Rastetter, Oregon City

February 2016 Section Involvement in 2016 Legislative Session Session: The 35-day legislative session begins on February 1, 2016. During what is commonly referred  February 1st - Session to as the short session, legislators gather in Salem to make adjustments to the budget as needed and introduce a limited number of bills. This year, each legislator will have the opportunity to Convenes introduce two personal bills, and each committee will have the opportunity to introduce three

th committee bills. Bills must be submitted to the House or Senate by January 19 and will receive  February 5 - First- advisory referrals on January 22. chamber deadline to post work sessions As in years past, once bills have been published, the Public Affairs Department will be reviewing legislation and contacting each section chair and section legislative contact with a list of  February 11th - First- bills that may be of interest. A few things to remember: chamber deadline to hold work sessions  If your section or committee is interested in tracking any legislation, please let us know. We will enter the legislation into our bill tracking software for your section’s or commit-  February 18th - Sec- tee’s use. ond-chamber deadline  If any questions arise about a particular piece of legislation, please contact the Public Af- to post work sessions fairs Department.  If your section or committee would like to comment on proposed legislation, please com-  February 23rd - Sec- plete the “Section Request to Comment or take Position” form and submit it to the Public ond-chamber deadline Affairs Department for consideration.

to hold work sessions To reach the Public Affairs Department, please email [email protected].

 March 6th - Constitu- tional sine die (end of Thank You to Retiring BOG Members session) As 2015 comes to a close, the Public Affairs the legislative process, and the Bar’s legisla- Department would like to say thank you to the tive program made the Oregon State Bar’s four departing members of the Board of Gov- legislative presence stronger and more effec- ernors: OSB President Richard Spier, Travis tive. Prestwich, chair of the 2015 Public Affairs PUBLIC AFFAIRS Committee, and former Public Affairs Com-  Richard Spier, President, Oregon State DEPARTMENT mittee members Audrey Matsumonji, and Bar 2015 Susan Grabe, Theresa Kohlhoff. Each member has been ac-  Travis Prestwich, Chair, Public Affairs Public Affairs Director tively involved in the legislative process: testi- Committee 2014-2015, Member, 2013 Amy Zubko, Public Affairs Legislative Attorney fying in support of Bar legislation, attending  Audrey Matsumonji, Public Affairs Com- Matt Shields, the Bar’s Day at the Capitol lobbying event, or mittee 2010-2012, 2014 Public Affairs Staff Attorney reviewing proposed law improvement legisla-  Theresa Kohlhoff, Public Affairs Commit- Amanda Lunsford, tion as part of the Public Affairs Committee. tee 2013 Public Affairs Assistant Each member’s commitment to public affairs,

December 30, 2015 Capitol Insider Legislators Honored at Oregon State Bar Awards Luncheon

Four Oregon state legislators were honored at the Oregon State Bar’s Annual Awards luncheon this year for their outstanding contributions to the Bar, the bench, and the community. Senate President Peter Courtney, Senator Floyd Pro- zanski, House Majority Leader Jennifer Williamson, and Representative Tobias Read received the President’s Special Award of Appreciation.

In January 2014, the Campaign for Equal Justice convened the Task Force on Legal Aid Funding to address Oregon’s legal aid funding crisis. This bipartisan group, made up of leaders in government, business, the courts, and our communities explored and identified different ideas and concepts. The four recipients, through two legislative sessions, diligently worked to raise awareness in the Capitol of the need for additional funding for low-income legal services.

In addition, Chief Justice Thomas Balmer publicly recognized Senator Courtney’s commitment to Oregon’s courts and legal aid programs in a brief speech and presented him with a pristine Oregon Reports from 1979, the year Senator Courtney came to Oregon to work as a law clerk, as a token of appreciation.

Thank you to the four legislators and to Representative Shemia Fagan, who attended the luncheon on behalf of Repre- sentative Williamson.

OSB Discipline System Review Committee Releases Report

This month, the Oregon State Bar Discipline System Re- public comment under the same guidelines. view Committee (DSRC) released its report, as well as minority reports from some committee members, in response The Board of Governors will be reviewing the DSRC ma- to the American Bar Association’s 2014 Report on the jority and minority reports and any comments at a special Lawyer Discipline System. meeting on March 11, 2016. The Board will identify the DSRC recommendations it supports and forward its own The Board of Governors welcomes and encourages your recommendations to the Supreme Court, with the DSRC comments on the DSRC recommendations. Comments must be submitted in writing (letter or email) to presi- reports and comments. [email protected] no later than March 2, 2016. The reports were made available to the public, with an invitation for