75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 565
Senate Bill 244
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Judiciary for Oregon State Bar)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Increases Oregon State Bar board of governors from 16 to 18
members. Allows board to establish special terms for positions
that are shorter than four years for purpose of staggering terms
of members.
Changes definition of person for purposes of laws governing
unauthorized practice of law.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to Oregon State Bar; creating new provisions; amending
ORS 9.025 and 9.162; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 9.025 is amended to read:
9.025. (1) The Oregon State Bar shall be governed by a board of
governors consisting of { - 16 - } { + 18 + } members.
{ - Twelve - } { + Fourteen + } of the members shall be active
members of the Oregon State Bar, who on appointment, on
nomination, on election and during the full term for which the
member was appointed or elected, maintain the principal office of
law practice in the region of this state in which the active
members of the Oregon State Bar eligible to vote in the election
at which the member was elected maintain their principal offices.
Four of the members shall be appointed by the board of governors
from among the public. They shall be residents of this state and
shall not be active or inactive members of the Oregon State Bar.
No person charged with official duties under the executive and
legislative departments of state government, including but not
limited to elected officers of state government, may serve on the
board of governors. Any other person in the executive or
legislative department of state government who is otherwise
qualified may serve on the board of governors.
(2) For the purpose of eligibility for nomination and to vote
in the election of a member of the board of governors who is an
elective member, and for appointment to the board of governors,
the State of Oregon shall be divided into regions determined by
the board. The board shall establish board regions that are based
on the number of attorneys who have their principal offices in
the region. To the extent that it is reasonably possible, the
regions shall be configured by the board so that the
representation of board members to attorney population in each
region is equal to the representation provided in other regions.
At least once every 10 years the board shall review the number of
attorneys in the regions and shall alter or add regions as the
board determines is appropriate in seeking to attain the goal of
equal representation.
(3) Members of the board of governors may be elected only by
the active members of the Oregon State Bar who maintain their
principal offices in the regions established by the board. The
{ + regular + } term of a member of the board is four years.
{ + The board may establish special terms for positions that are
shorter than four years for the purpose of staggering the terms
of members of the board. The board must identify positions with
special terms before accepting nominating petitions for the
positions. + }
(4) No judge of a municipal, state or federal court or any
other full-time judicial officer, shall be eligible for
appointment or election to the board of governors.
(5) The term of any member of the board of governors shall
terminate on the date of the death or resignation of the member,
or if the member { + of the board + } is required to be a member
of the Oregon State Bar, the term terminates on the date:
(a) Of the termination of active membership in the Oregon State
Bar { - by the member - } for any reason;
(b) When the member discontinues to maintain the principal
office of { + law + } practice in the region in which it was
maintained at the time of the appointment or election of the
member; or
(c) When the member assumes office as a judge of a municipal,
state or federal court, or fills a full-time judicial office.
(6) No member of the board of governors shall be eligible,
during the term of office, for service pro tempore as a judge of
any municipal, state or federal court.
SECTION 2. { + The amendments to ORS 9.025 by section 1 of
this 2009 Act become operative January 1, 2010, except that the
provisions for two new members of the board of governors of the
Oregon State Bar become operative on the effective date of this
2009 Act for the purposes of nominating and electing the two new
members to assume the duties of a member of the board of
governors on January 1, 2010. + }
SECTION 3. ORS 9.162 is amended to read:
9.162. As used in ORS 9.160 to 9.166 and 9.280, unless the
context or subject matter requires otherwise:
(1) 'Person' means a human being { - and where
appropriate - } , { + a public body as defined by ORS 174.109,
+ }a public or private corporation, an unincorporated
association, a partnership, a
{ - government or a governmental instrumentality - } { +
limited liability company or any other business entity created
under law + }.
(2) 'Restitution' means full, partial or nominal payment of
pecuniary damages to a victim.
(3) 'Victim' means any person who the court determines has
suffered pecuniary damages as a result of any other person's
violation of ORS 9.160.
SECTION 4. { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on its
passage. + }
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