71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 3119
 
LC 1502/HB 3119-3
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3119
 
                    By COMMITTEE ON JUDICIARY
 
                            April 20
 
  Delete lines 4 through 24 of the printed bill and insert:
  '  { +  SECTION 1. + }  { + (1) If an action or other
proceeding against a public body is filed in circuit court and
the circuit court does not have authority to decide the case, the
circuit court shall:
  ' (a) Transfer the case to the court or tribunal authorized by
law to decide the case if the circuit court determines that
another court or tribunal is authorized by law to decide the
case;
  ' (b) Refer the question to the Court of Appeals if the circuit
court is in doubt whether there is another court or tribunal
authorized by law to decide the case; or
  ' (c) Dismiss the action or proceeding if the circuit court
determines that no other court or tribunal is authorized by law
to decide the case.
  ' (2) If an action or other proceeding against a public body is
filed in the Court of Appeals and the Court of Appeals does not
have authority to decide the case, the Court of Appeals shall:
  ' (a) Transfer the case to the court or tribunal authorized by
law to decide the case if the Court of Appeals determines that
another court or tribunal is authorized by law to decide the
case; or
  ' (b) Dismiss the action or proceeding if the Court of Appeals
determines that no other court or tribunal is authorized by law
to decide the case.
  ' (3) If a case is transferred by the circuit court under this
section to a court or tribunal other than the Court of Appeals,
and the court or tribunal determines, on its own motion or on the
motion of a party, that the court or tribunal is not authorized
by law to decide the case, the court or tribunal shall refer the
question to the Court of Appeals.
  ' (4) The Court of Appeals shall adopt rules for the referral
of questions to the Court of Appeals under this section. The
rules shall provide opportunity for the parties to address the
question, but shall provide the Court of Appeals with the means
to reach an expeditious and summary determination of the
question.
  ' (5) Upon referral of a question to the Court of Appeals under
this section, the Court of Appeals shall:
  ' (a) Transfer the case to the court or tribunal that the Court
of Appeals determines to be authorized by law to decide the case;
  ' (b) Decide the case if the Court of Appeals is the
appropriate court; or
  ' (c) Dismiss the action or proceeding if the Court of Appeals
determines that no court or tribunal is authorized by law to
decide the case.
  ' (6) If an action or proceeding against a public body is
transferred under this section, and the action or proceeding was
filed in the transferring court within the time allowed by law
for filing the action or proceeding in the receiving court or
tribunal, the case may not be dismissed as not being filed within
the time allowed by law.
  ' (7) If an action or proceeding against a public body is filed
in circuit court or the Court of Appeals based on a reasonable
interpretation of law, and the circuit court or the Court of
Appeals determines that the case should be transferred under this
section, the case shall be transferred to the appropriate court
or tribunal in the manner provided by this section and may not be
dismissed as not being filed within the time allowed by law if:
  ' (a) Under the interpretation of law made by the person filing
the action or proceeding, the action or proceeding was filed in
the proper court;
  ' (b) Under the interpretation of law made by the person filing
the action or proceeding, the action or proceeding was timely
filed in the transferring court; and
  ' (c) Any delay caused by the failure to file the action or
proceeding within the time allowed for filing in the receiving
court or tribunal does not substantially prejudice an adverse
interest or public interest.
  ' (8) If an order to transfer is entered under this section,
the transferring court shall send a copy of the order to each
party to the action or proceeding. Within 10 days after the entry
of the transfer order, the person who filed the action or
proceeding must file a copy of the transfer order in the
receiving court or tribunal and, subject to any provision for
waiver or deferral of fees, pay to the receiving court or
tribunal any filing fees charged by that court or tribunal.
Within such time as may be allowed by the receiving court or
tribunal, the person must then comply with such additional
pleading and service requirements as may be imposed by the
receiving court or tribunal. The person filing the action or
proceeding is not entitled to a refund of any filing fees paid to
the transferring court.
  ' (9) The provisions of this section do not apply to any action
or proceeding that is subject to the provisions of ORS 34.102.
  ' (10) As used in this section:
  ' (a) 'Public body' has the meaning given in ORS 192.410.
  ' (b) 'Tribunal' means a public body authorized by law to
review decisions of another public body. + }
  '  { +  SECTION 2. + }  { + (1) A circuit court shall allow a
person to amend a petition or action in the manner provided by
this section if:
  ' (a) The person seeks relief against a public body, as defined
in ORS 192.410;
  ' (b) The person incorrectly filed a petition for a writ of
review, a petition for a writ of mandamus or an action for
declaratory judgment; and
  ' (c) The correct remedy of the person is a petition for a writ
of review, a petition for a writ of mandamus or an action for
declaratory judgment.
  ' (2) If a petition or action is amended under this section,
the petition or action is not subject to dismissal by reason of
not having been commenced within the time otherwise allowed by
law if the reason that the person filed the wrong petition or
action was either:
  ' (a) The person relied on a reasonable interpretation of the
law relating to the correct remedy; or
  ' (b) The public body that is the respondent or defendant in
the proceeding gave misleading information to the person about
the proper remedy, the person relied in good faith on the
information provided by the public body and by reason of that
reliance the person sought the wrong remedy.
  ' (3) A circuit court shall order a public body, as defined in
ORS 192.410, to pay reasonable attorney fees incurred by any
person in filing a petition for a writ of review, a petition for
 
a writ of mandamus or an action for declaratory judgment seeking
relief from the public body if:
  ' (a) The court determines that the person has filed the wrong
petition or action, and the person subsequently amends the
pleading in the manner provided by subsection (1) of this
section;
  ' (b) The public body that is the respondent or defendant in
the proceeding gave information to the person with the intent to
mislead the person as to the proper remedy or gave information to
the person, with a reckless disregard for the the truth or
falsity of the information, about the proper remedy; and
  ' (c) The person relied in good faith on the information
provided by the public body, and by reason of that reliance the
person sought the wrong remedy. + }
  '  { +  SECTION 3. + }  { + Sections 1 and 2 of this 2001 Act
apply only to actions or other proceedings filed on or after the
effective date of this 2001 Act. + } ' .
                         ----------