Legislators also sent a record number of issues to the ballot: M37 land use reforms, Healthy kids (tobacco tax increase), repeal of double majority, redistricting reform and civil forfeiture. All in all, it was an efficient session, working in a tighter time frame (by more than a month) than sessions past, with the expectation that they would all return in February 2008 to deal with pending issues. This was an effort to change the way the legislature works, moving towards annual sessions. It truly was a new day in Salem, it was not business as usual, and many lobby groups and organizations were unable to find their footing in the whirlwind of the 74th Legislative session.

This was not true for the Oregon Trial Lawyers Association, who had been working for years with Democrats. We maintained close relationships with these members in past sessions while they were in the minority, which gave us the much needed steam to accomplish our agenda this session. Legislators were educated about our issues and eager to finally accomplish the legislation that was left languishing in past sessions (with one major exception which we will note later in this report). The Oregon Trial Lawyers Association brought forward a significant package of legislation and successfully passed most of it. The majority of our legislation falls into the following categories:

Motor Vehicle Law

OTLA pursued a proactive consumer friendly package of motor vehicle changes this session with the introduction of 7 pieces of legislation (5 passed). This package of bills included: elimination of the family exclusion/ step down for liability claims of family members living in same household (HB 3086), allowing consumers to access their uninsured motorist coverage when hit by a government vehicle (HB 2908, HB 3086), mandates 3 panel arbitrations on all UM/UIM claims, unless otherwise agreed (SB 256), mandating a time period for insurance companies to elect to reimburse (SB 255), and changing the law regarding minor conservatorships (HB 3083). OTLA also assisted the Oregon Law Commission and other pro-consumer groups with their motor vehicle law changes by helping draft, lobby and testify on legislation that included clarifying motor vehicle insurance laws for rental cars (HB 2385), requiring that when insured is injured while occupying vehicle not owned by insured, uninsured coverage of insured is secondary (HB 2384), and requiring insurers to notify consumers they have the choice to pick their body shop (SB 523). As a result of OTLA’s advocacy, all of these bills successfully passed through the legislature. OTLA’s biggest disappointment in motor vehicle legislation was our inability to pass PIP stacking (HB 3081) or increase the award of attorney fees for ORS 20.280 cases (HB 3084). Despite these losses, OTLA’s motor vehicle section had an extremely successful legislative session.

Employment Law

OTLA’s employment section brought forward a package of legislation protecting the rights of employees and expanding remedies for workplace violations. Early in session, OTLA formed a collaborative partnership with the Bureau of Labor and Industries (BOLI) and agreed to testify, lobby and support a combination of bills important to both parties. Bill introduced by OTLA and BOLI successfully passed included: changes to expanding Oregon Family Leave Act (OFLA) by allowing compensatory and punitive damages and other relief for unlawful employment practices (HB 2260) and preventing retaliation by employers against people who use OFLA (HB 2635), rewriting Oregon’s non-compete laws (SB 248), increasing time in which person may file retaliation complaint under occupational safety and health laws from 30 days to 90 days (HB 2259) and making discrimination against employee for taking wage-related actions unlawful employment practice (HB 2255). The only concept left in committee at adjournment was adding greater protections for sex harassment victims to Oregon’s Evidence Code (SB 250). This was a successful session for the employment section, not only because of the passage of many pieces of legislation, but also in the partnerships built with various stakeholders and legislators.

Business Litigation

OTLA’s business litigation section introduced one piece of legislation this session and got it passed and signed by the Governor. Senate Bill 257 adds variable annuities to definition of security in Oregon’s security law. OTLA worked with Americans Association of Retired Persons (AARP) and the Department of Consumer Business and Services on passage of the bill. The bill stumbled only once during the process when it failed by one vote on the House floor, however, OTLA was able to revive it several days later and picked up the necessary vote.

Workers Compensation

Oregon’s worker compensation attorney’s legislative agenda involved creating a fair and easier system for Oregon’s injured workers, while at the same time strengthening the profession for lawyers. They succeeded in passing three out four bills introduced. OWCA’s legislative package included: allowing injured workers to be reimbursed for the payment of certain reasonable fees, expenses and costs associated with litigation (SB 404), allowing mediators to sign claim disposition agreements (SB 253) and creating an attorney fee lien for attorneys who are wrongfully terminated by their clients (SB 404). All of these bills successfully passed the Management Labor Advisory Committee and passed the 2007 Legislature. OWCA’s only disappointment this session was a failure to make changes to the vocational rehabilitation program (SB 405). OWCA continues to work with MLAC and its stakeholders and will participate in several interim workgroups this fall.

Products Liability and Professional Negligence

OTLA introduced two bills this session that lengthen Oregon’s statute of ultimate repose (SOUR). Senate Bill 444 eliminated the statute all together. When we could not get appropriate political traction in the Senate, we shifted our attention to HB 2909 a companion bill in House Judiciary Committee. It immediately became clear that an outright repeal of Oregon’s SOUR was politically unattainable. We then shifted our efforts to a “useful safe life” amendment. Our efforts were successfully stymied when we were unable to prevent the House Republican Caucus from locking up against the bill. We had lost 2 to 3 House Democrats but could have overcome that loss with the Republicans who pledged to support the bill, however, the caucus locking up preventing that vote from occurring.

HB 2366 Extends that statute of limitations for an action brought by a parent for recovery of a child’s medical expenses, if the limitations period for the child’s lawsuit is also extended and the child’s and the parent’s actions arise out of the same action..

HB 2448 The so-called Vioxx “fix” measure overwhelmingly passed both chambers. The measure creates a window of opportunity for those prevented from earlier claims.

Judicial Salaries Your OTLA Lobbyists spent a significant amount of time and effort on the issue on increased salary for judges. Efforts paid off. Oregon judges will get a pay increase in two steps. Getting a 19.4 percent increase by mid-2008.