Bill Text: OR HB3541 | 2013 | Regular Session | Introduced
Bill Title: Relating to the Oregon Tort Claims Act.
Spectrum: Partisan Bill (Republican 21-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3541 Detail]
Download: Oregon-2013-HB3541-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 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 4036
House Bill 3541
Sponsored by Representatives PARRISH, RICHARDSON; Representatives
BENTZ, BERGER, CONGER, DAVIS, ESQUIVEL, GILLIAM, HANNA,
HUFFMAN, JENSON, JOHNSON, KENNEMER, KRIEGER, MCLANE, SMITH,
THATCHER, THOMPSON, WEIDNER, WHISNANT, WHITSETT
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.
Exempts claims based on conduct that constitutes child abuse,
or conduct that constitutes knowingly allowing, permitting or
encouraging child abuse, from notice requirement of Oregon Tort
Claims Act.
Revives certain causes of action barred because of notice
requirement or statute of limitations or statute of repose.
Requires revived claim to be filed within two years after
effective date of Act.
A BILL FOR AN ACT
Relating to the Oregon Tort Claims Act; creating new provisions;
and amending ORS 30.275.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 30.275 is amended to read:
30.275. (1) No action arising from any act or omission of a
public body or an officer, employee or agent of a public body
within the scope of ORS 30.260 to 30.300 shall be maintained
unless notice of claim is given as required by this section.
(2) Notice of claim shall be given within the following
applicable period of time, not including the period, not
exceeding 90 days, during which the person injured is unable to
give the notice because of the injury or because of minority,
incompetency or other incapacity:
(a) For wrongful death, within one year after the alleged loss
or injury.
(b) For all other claims, within 180 days after the alleged
loss or injury.
(3) Notice of claim required by this section is satisfied by:
(a) Formal notice of claim as provided in subsections (4) and
(5) of this section;
(b) Actual notice of claim as provided in subsection (6) of
this section;
(c) Commencement of an action on the claim by or on behalf of
the claimant within the applicable period of time provided in
subsection (2) of this section; or
(d) Payment of all or any part of the claim by or on behalf of
the public body at any time.
(4) Formal notice of claim is a written communication from a
claimant or representative of a claimant containing:
(a) A statement that a claim for damages is or will be asserted
against the public body or an officer, employee or agent of the
public body;
(b) A description of the time, place and circumstances giving
rise to the claim, so far as known to the claimant; and
(c) The name of the claimant and the mailing address to which
correspondence concerning the claim may be sent.
(5) Formal notice of claim shall be given by mail or personal
delivery:
(a) If the claim is against the state or an officer, employee
or agent thereof, to the office of the Director of the Oregon
Department of Administrative Services.
(b) If the claim is against a local public body or an officer,
employee or agent thereof, to the public body at its principal
administrative office, to any member of the governing body of the
public body, or to an attorney designated by the governing body
as its general counsel.
(6) Actual notice of claim is any communication by which any
individual to whom notice may be given as provided in subsection
(5) of this section or any person responsible for administering
tort claims on behalf of the public body acquires actual
knowledge of the time, place and circumstances giving rise to the
claim, where the communication is such that a reasonable person
would conclude that a particular person intends to assert a claim
against the public body or an officer, employee or agent of the
public body. A person responsible for administering tort claims
on behalf of a public body is a person who, acting within the
scope of the person's responsibility, as an officer, employee or
agent of a public body or as an employee or agent of an insurance
carrier insuring the public body for risks within the scope of
ORS 30.260 to 30.300, engages in investigation, negotiation,
adjustment or defense of claims within the scope of ORS 30.260 to
30.300, or in furnishing or accepting forms for claimants to
provide claim information, or in supervising any of those
activities.
(7) In an action arising from any act or omission of a public
body or an officer, employee or agent of a public body within the
scope of ORS 30.260 to 30.300, the plaintiff has the burden of
proving that notice of claim was given as required by this
section.
(8) The requirement that a notice of claim be given under
subsections (1) to (7) of this section does not apply if:
(a)(A) The claimant was under the age of 18 years when the acts
or omissions giving rise to a claim occurred;
(B) The claim is against the Department of Human Services or
the Oregon Youth Authority; and
(C) The claimant was in the custody of the Department of Human
Services pursuant to an order of a juvenile court under ORS
419B.150, 419B.185, 419B.337 or 419B.527, or was in the custody
of the Oregon Youth Authority under the provisions of ORS
419C.478, 420.011 or 420A.040, when the acts or omissions giving
rise to a claim occurred { - . - } { + ; + }
(b) The claim is against a private, nonprofit organization that
provides public transportation services described under ORS
30.260 (4)(d) { - . - } { + ; or
(c) The claim is based on conduct that constitutes child abuse,
as defined in ORS 12.117, against a person under 18 years of age,
or conduct that constitutes knowingly allowing, permitting or
encouraging child abuse, as defined in ORS 12.117, against a
person under 18 years of age. + }
(9) Except as provided in ORS { + 12.117, + } 12.120, 12.135
and 659A.875, but notwithstanding any other provision of ORS
chapter 12 or other statute providing a limitation on the
commencement of an action, an action arising from any act or
omission of a public body or an officer, employee or agent of a
public body within the scope of ORS 30.260 to 30.300 shall be
commenced within two years after the alleged loss or injury.
{ + (10) The exemption from the notice requirement of
subsections (1) to (7) of this section provided by subsection
(8)(c) of this section does not apply to claims of negligence
arising out of the provision of health care. + }
SECTION 2. { + (1) The amendments to ORS 30.275 by section 1
of this 2013 Act apply to all causes of action arising before, on
or after the effective date of this 2013 Act.
(2) The amendments to ORS 30.275 by section 1 of this 2013 Act
revive a cause of action based on conduct that constitutes child
abuse, as defined in ORS 12.117, against a person under 18 years
of age, or conduct that constitutes knowingly allowing,
permitting or encouraging child abuse, as defined in ORS 12.117,
against a person under 18 years of age if:
(a) A civil action alleging the cause of action was filed
before the effective date of this 2013 Act; and
(b) The cause of action was adjudicated based on the provisions
of ORS 30.275 as in effect immediately before the effective date
of this 2013 Act, or based on the plaintiff's failure to comply
with a statute of limitations or statute of repose.
(3) A cause of action revived under subsection (2) of this
section must be refiled within two years after the effective date
of this 2013 Act. + }
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