71st OREGON LEGISLATIVE ASSEMBLY--2001 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 1502
 
                         House Bill 3119
 
Sponsored by Representative MERKLEY (at the request of Citizens
  for Safe Water)
 
 
                             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.
 
  Allows person to bring action in circuit court against Health
Division of Department of Human Services or authorized local
governmental unit for alleged failure to perform act or duty
required by Oregon Drinking Water Quality Act. Requires 60-day
notice of suit to agency or authorized entity. Allows Attorney
General to intervene. Awards attorney fees and certain expenses
to prevailing plaintiff.
 
                        A BILL FOR AN ACT
Relating to civil actions.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2001 Act is added to and made
a part of ORS 448.119 to 448.285. + }
  SECTION 2.  { + (1) Any person residing within a water district
formed under ORS chapter 264 or a joint water and sanitary
authority formed under ORS 450.600 or who is a customer of a
water system may bring a civil suit against the Health Division
of the Department of Human Services or any local governmental
unit authorized under ORS 448.170 on the person's own behalf if
it is alleged that the division or local governmental unit failed
to perform any act or duty under ORS 448.119 to 448.285, 454.235
and 454.255 or rules adopted thereunder that is not a
discretionary act or duty.
  (2) An action under this section may be commenced in the
Circuit Court for Marion County or in the circuit court for the
county in which the local governmental unit is located.
  (3)(a) An action may not be commenced under subsection (1) of
this section if the state has commenced and is prosecuting a
civil action in the same matter.
  (b) An action may not be commenced under subsection (1) of this
section unless the plaintiff has given written notice of the
alleged violation to the Health Division of the Department of
Human Services or local governmental unit at least 60 days before
filing the action.
  (4) A plaintiff who prevails in an action under this section is
entitled to receive all reasonable attorney fees and expenses
incurred by the person, including expenses incurred for expert
witnesses and the preparation of supporting studies or reports.
  (5) The Attorney General may intervene in any action brought
under this section. + }
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