Bill Text: OR SB394 | 2013 | Regular Session | Introduced
Bill Title: Relating to the statute of limitations for certain actions related to unlawful practices.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB394 Detail]
Download: Oregon-2013-SB394-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 1639
Senate Bill 394
Sponsored by Senator SHIELDS (at the request of Beth Creighton)
(Presession filed.)
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.
Extends statute of limitations under certain circumstances for
filing complaint or civil action based on alleged unlawful
practice.
A BILL FOR AN ACT
Relating to the statute of limitations for certain actions
related to unlawful practices; amending ORS 30.275, 659A.820
and 659A.875.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 659A.820 is amended to read:
659A.820. (1) As used in this section, for purposes of a
complaint alleging an unlawful practice under ORS 659A.145 or
659A.421 or discrimination under federal housing law, 'aggrieved
person' includes a person who believes that the person:
(a) Has been injured by an unlawful practice or discriminatory
housing practice; or
(b) Will be injured by an unlawful practice or discriminatory
housing practice that is about to occur.
(2) Any person claiming to be aggrieved by an alleged unlawful
practice may file with the Commissioner of the Bureau of Labor
and Industries a verified written complaint that states the name
and address of the person alleged to have committed the unlawful
practice. The complaint must be signed by the complainant. The
complaint must set forth the acts or omissions alleged to be an
unlawful practice. The complainant may be required to set forth
in the complaint such other information as the commissioner may
require. Except as provided in ORS 654.062, a complaint under
this section must be filed no later than { - one year - }
{ + two years + } after the alleged unlawful practice.
(3)(a) Except as provided in paragraph (b) of this subsection,
a complaint may not be filed under this section if a civil action
has been commenced in state or federal court alleging the same
matters.
(b) The prohibition described in paragraph (a) of this
subsection does not apply to a complaint alleging an unlawful
practice under ORS 659A.145 or 659A.421 or alleging
discrimination under federal housing law.
(4) If an employer has one or more employees who refuse or
threaten to refuse to abide by the provisions of this chapter or
to cooperate in carrying out the purposes of this chapter, the
employer may file with the commissioner a verified complaint
requesting assistance by conciliation or other remedial action.
(5) Except as provided in subsection (6) of this section, the
commissioner shall notify the person against whom a complaint is
made within 30 days of the filing of the complaint. The
commissioner shall include in the notice the date, place and
circumstances of the alleged unlawful practice.
(6) The commissioner shall notify the person against whom a
complaint alleging an unlawful practice under ORS 659A.145 or
659A.421 or discrimination under federal housing law is made
within 10 days of the filing of the complaint. The commissioner
shall include in the notice:
(a) The date, place and circumstances of the alleged unlawful
practice; and
(b) A statement that the person against whom the complaint is
made may file an answer to the complaint.
SECTION 2. ORS 659A.875 is amended to read:
659A.875. (1) Except as provided in subsection (2) of this
section, a civil action under ORS 659A.885 alleging an unlawful
employment practice must be commenced within { - one year - }
{ + two years + } after the occurrence of the unlawful
employment practice unless a complaint has been timely filed
under ORS 659A.820.
(2) A person who has filed a complaint under ORS 659A.820 must
commence a civil action under ORS 659A.885 within { + the later
of + } 90 days after a 90-day notice is mailed to the complainant
under ORS 659A.880 { + or two years of the last occurrence of
the alleged unlawful employment practice + }. This subsection
does not apply to a complainant alleging an unlawful practice
under ORS 659A.145 or 659A.421 or discrimination under federal
housing law.
(3) A civil action alleging a violation of ORS 659A.145 or
659A.421 must be commenced not later than two years after the
occurrence or the termination of the unlawful practice, or within
two years after the breach of any settlement agreement entered
into under ORS 659A.840, whichever occurs last. The two-year
period shall not include any time during which an administrative
proceeding was pending with respect to the unlawful practice.
(4) A civil action under ORS 659A.885 alleging an unlawful
practice in violation of ORS 659A.403 or 659A.406 must be
commenced within one year of the occurrence of the unlawful
practice.
(5) The notice of claim required under ORS 30.275 must be given
in any civil action under ORS 659A.885 against a public body, as
defined in ORS 30.260, or any officer, employee or agent of a
public body as defined in ORS 30.260.
(6) { - Notwithstanding ORS 30.275 (9), - } A civil action
under ORS 659A.885 against a public body, as defined in ORS
30.260, or any officer, employee or agent of a public body as
defined in ORS 30.260, based on an unlawful employment practice
must be commenced within { - one year - } { + two years + }
after the occurrence of the unlawful employment practice
{ - unless a complaint has been timely filed under ORS
659A.820 - } .
SECTION 3. 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).
(9) Except as provided in ORS 12.120 { - , - } { + and + }
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.
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