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 250
Senate Bill 562
Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon Law
Commission)
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.
Adds two members to Oregon Law Commission. Modifies
qualifications for certain members of commission. Increases terms
of appointed members from two years to four years. Makes other
changes to commission procedures and duties.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to Oregon Law Commission; creating new provisions;
amending ORS 173.315, 173.325, 173.328, 173.335, 173.338,
173.342 and 173.352; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 173.315 is amended to read:
173.315. (1) The Oregon Law Commission is established to
conduct a continuous substantive law revision program { - ,
including but not limited to the subjects stated - } { + as
described + } in ORS 173.338.
(2) The Oregon Law Commission { - shall consist of - } { +
has 15 members, as follows + }:
{ - (a) Two persons, at least one of whom is a Senator at the
time of appointment, appointed by the President of the
Senate; - }
{ - (b) Two persons, at least one of whom is a Representative
at the time of appointment, appointed by the Speaker of the House
of Representatives; - }
{ + (a) A person appointed by the President of the Senate who
is a member of the Senate at the time of appointment;
(b) A person appointed by the President of the Senate who is a
current or former member of the Senate at the time of
appointment;
(c) A person appointed by the Speaker of the House of
Representatives who is a member of the House of Representatives
at the time of appointment;
(d) A person appointed by the Speaker of the House of the
Representatives who is a current or former member of the House of
Representatives at the time of appointment; + }
{ - (c) - } { + (e) + } The deans of Oregon's accredited
law schools, or their designees;
{ - (d) - } { + (f) + } Three persons { - designated - }
{ + appointed + } by the Board of Governors of the Oregon State
Bar;
{ - (e) - } { + (g) + } The Attorney General { + , + } or
the Attorney General's designee;
{ - (f) - } { + (h) + } The Chief Justice of the Supreme
Court { + , + } or the Chief Justice's designee; { - and - }
{ + (i) The Chief Judge of the Court of Appeals, or the Chief
Judge's designee;
(j) A person appointed by the Chief Justice of the Supreme
Court who is a circuit court judge, or a retired circuit court
judge who has been designated as a senior judge under ORS 1.300,
at the time of appointment; and + }
{ - (g) - } { + (k) + } One person appointed by the
Governor.
{ - (3) The term of office of each appointed member of the
Oregon Law Commission is two years. Before the expiration of the
term of a member, the appointing authority shall appoint a
successor whose term begins on September 1 next following. A
member is eligible for reappointment. If there is a vacancy for
any cause, the appointing authority shall make an appointment to
become immediately effective for the unexpired term. A member
shall be removed from the commission if the member misses three
consecutive meetings without prior approval of the
chairperson. - }
{ + (3) The Attorney General, the Chief Justice of the
Supreme Court, the Chief Judge of the Court of Appeals and the
deans of Oregon's accredited law schools are ex officio members
of the commission and have the same powers as appointed members.
(4)(a) Except as provided in paragraph (b) of this subsection,
appointed members of the commission serve four-year terms. Terms
commence on July 1 of even-numbered years. Before the expiration
of the four-year term, the appointing authority shall appoint a
successor. A person who has served as a member is eligible for
reappointment.
(b) A person appointed under subsection (2)(a) of this section
serves a term of four years, or until the person ceases to be a
member of the Senate, whichever occurs first. A person appointed
under subsection (2)(c) of this section serves a term of four
years, or until the person ceases to be a member of the House of
Representatives, whichever occurs first.
(5) If there is a vacancy in the position of an appointed
member:
(a) The appointing authority shall appoint a person as soon as
possible to serve during the remainder of the unexpired term; and
(b) The appointing authority may specify that the person
appointed to serve the remainder of the unexpired term is also
appointed to the next following full term.
(6) If a member of the commission is authorized under
subsection (2) of this section to name a designee, a person named
as a designee has all of the powers and duties of the member
until the designation expires or is revoked. The following
persons may be designated:
(a) A dean of one of Oregon's accredited law schools may
designate a member of the faculty of the law school.
(b) The Chief Justice may designate a Supreme Court judge.
(c) The Chief Judge of the Court of Appeals may designate
another judge of the Court of Appeals.
(d) The Attorney General may designate an assistant attorney
general or the Deputy Attorney General.
(7) The term of an appointed member of the commission shall
cease if the member misses three consecutive meetings without
prior approval of the chairperson, and the appointing authority
for the position shall appoint a person to fill the vacancy in
the manner provided by subsection (5) of this section. + }
{ - (4) - } { + (8) + } The Oregon Law Commission shall
elect its chairperson and vice chairperson from among the members
with such powers and duties as the commission shall determine.
{ - (5) - } { + (9) + } A majority of the members of the
commission constitutes a quorum for the transaction of business.
{ + If a quorum is present at a meeting, the commission may take
action by an affirmative vote by a majority of the members of the
commission who are present. + }
SECTION 2. { + (1) The member of the Oregon Law Commission who
is serving on the effective date of this 2009 Act and who is a
member of the Senate shall be considered to have been appointed
under ORS 173.315 (2)(a), as in effect on the effective date of
this 2009 Act.
(2) The member of the Oregon Law Commission who is serving on
the effective date of this 2009 Act and who is a member of the
House of Representatives shall be considered to have been
appointed under ORS 173.315 (2)(c), as in effect on the effective
date of this 2009 Act.
(3) Notwithstanding ORS 173.315 (2)(b), the person who was
appointed under ORS 173.315 (2)(a), as in effect immediately
before the effective date of this 2009 Act, and who was not a
current or former member of the Senate at the time of the
appointment, may continue to serve as a member of the Oregon Law
Commission and be reappointed by the President of the Senate
under ORS 173.315 (2)(b) even though the person is not a current
or former member of the Senate at the time of reappointment. When
the person described in this subsection ceases membership with
the commission, a person shall be appointed with the
qualifications specified in ORS 173.315 (2)(b), as in effect on
the effective date of this 2009 Act.
(4) Unless the term of the member is lengthened or shortened by
the Oregon Law Commission under subsection (5) of this section,
the term of an appointed member of the commission serving on the
effective date of this 2009 Act ends on June 30 of the year in
which the term of the member would otherwise have ended under ORS
173.315 (3), as in effect immediately before the effective date
of this 2009 Act.
(5) Notwithstanding the two-year term of office specified for
members of the Oregon Law Commission under ORS 173.315 (3), as in
effect immediately before the effective date of this 2009 Act,
for the purpose of staggering the terms of appointed members, the
commission may establish terms that are longer or shorter than
two years for the appointed members of the commission who are
serving on the effective date of this 2009 Act. The term
established by the commission under this subsection may not
exceed four years and must end on June 30 of the year specified
by the commission.
(6) Notwithstanding the four-year term of office specified for
appointed members of the Oregon Law Commission in ORS 173.315
(4), the commission may establish a term that is shorter than
four years for the first person appointed under ORS 173.315
(2)(j). The term established under this subsection must end on
June 30 of the year specified by the commission. + }
SECTION 3. ORS 173.325 is amended to read:
173.325. { + (1) A member of the Legislative Assembly who
serves as a member of the Oregon Law Commission, or on any work
group established under ORS 173.352, may receive actual and
necessary travel and other expenses under ORS 171.072 from funds
appropriated to the Legislative Assembly.
(2) + } A member of the Oregon Law Commission who is not a
member of the Legislative Assembly shall receive no compensation
for services as a member but, subject to any other applicable law
regulating travel and other expenses for state officers, may
receive actual and necessary travel and other expenses incurred
in the performance of official duties, providing funds are
appropriated therefor in the budget of the Legislative Counsel
Committee.
SECTION 4. ORS 173.328 is amended to read:
173.328. The Oregon Law Commission shall meet { - at least
once every three months at a place, day and hour determined - }
{ + regularly pursuant to a schedule established + } by the
commission. The commission also shall meet at other times and
places specified by the call of the chairperson or of a majority
of the members of the commission.
SECTION 5. ORS 173.335 is amended to read:
173.335. { - (1) - } The Legislative Counsel shall assist
the Oregon Law Commission to carry out its functions as provided
by law { + and shall provide necessary drafting services to the
commission as legislative priorities permit + }.
{ - (2) The Legislative Counsel pursuant to subsection (1) of
this section shall: - }
{ - (a) Coordinate research for, and preparation of,
legislative proposals, as requested by the commission. - }
{ - (b) Examine the published opinions of any judge of the
Supreme Court, the Court of Appeals and the Oregon Tax Court of
this state for the purpose of discovering and reporting to the
commission any statutory defects, anachronisms or omissions
mentioned therein. - }
{ - (c) Receive suggestions and proposed changes in the law
from interested persons, and bring such suggestions and proposals
to the attention of the commission. - }
{ - (d) Perform such other services as are necessary to
enable the commission to carry out its functions as provided by
law. - }
SECTION 6. ORS 173.338 is amended to read:
173.338. (1) { - The specific subject areas to be part of - }
The law revision program { - of - } { + conducted by + } the
Oregon Law Commission { + may + } include { + , + } but
{ - are - } { + is + } not limited to:
(a) { + Review of + } the common law and statutes of the
state { + , + } and current judicial decisions { + , + } for the
purpose of discovering defects and anachronisms in the law
{ - and recommending needed reforms - } .
(b) { - Proposed - } { + Consideration of + }changes in
the law recommended by the American Law Institute, the National
Conference of Commissioners on Uniform State Laws, any bar
association or other learned bodies.
(c) { + Consideration of + }suggestions from judges,
justices, public officials, lawyers and the public generally as
to defects and anachronisms in the law.
(d) { - Such - } { + Recommendation for + }changes in the
law { - as - } { + that + } the commission considers
necessary to modify or eliminate antiquated and inequitable rules
of law and to bring the law of Oregon into harmony with modern
conditions.
(e) { + Recommendation for + }the express repeal of
{ - all - } statutes repealed by implication or held
unconstitutional by state and federal courts.
{ - (2) The Legislative Counsel shall provide necessary
drafting services as legislative priorities permit. - }
{ + (2) The commission shall study any topic that the
Legislative Assembly, by law or concurrent resolution, refers to
the commission. + }
SECTION 7. ORS 173.342 is amended to read:
173.342. { - (1) - } The Oregon Law Commission shall file a
report at each regular session of the Legislative Assembly that
{ - shall contain - } { + contains + } recommendations for
statutory and administrative changes and a calendar of topics
selected by the commission for study, including a list of the
studies in progress and a list of topics intended for future
consideration.
{ - (2) The commission shall also study any topic that the
Legislative Assembly, by concurrent resolution, refers to it for
such study. - }
SECTION 8. ORS 173.352 is amended to read:
173.352. (1) To aid and advise the Oregon Law Commission in the
performance of its functions, the commission may establish
{ - such advisory and technical committees as the commission
considers necessary - } { + work groups + }. { - These
committees - } { + Work groups established by the
commission + } may be continuing or temporary. The commission
shall determine the representation, membership, terms and
organization of { - the committees - } { + work groups + }
and shall appoint
{ - their - } { + work group + } members.
(2) Members of { - the committees - } { + work groups
established by the commission + } are not entitled to
compensation, but in the discretion of the commission may be
reimbursed from funds available to the commission for actual and
necessary travel and other expenses incurred in the performance
of their official duties.
SECTION 9. { + 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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