71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 773
Sponsored by Senator BROWN (at the request of Mark Kramer)
CHAPTER ................
AN ACT
Relating to tort claims against public bodies; 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.
Enrolled Senate Bill 773 (SB 773-A) Page 1
(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) 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 State Office for Services to
Children and Families or the Oregon Youth Authority; and
(c) The claimant was in the custody of the State Office for
Services to Children and Families 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. + }
{ - (8) - } { + (9) + } Except as provided in ORS 12.120
and 12.135, 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.
SECTION 2. { + (1) Except as provided in subsection (2) of
this section, the amendments to ORS 30.275 by section 1 of this
2001 Act apply to any claim subject to ORS 30.260 to 30.300,
whether arising before, on or after the effective date of this
2001 Act.
(2) The amendments to ORS 30.275 by section 1 of this 2001 Act
do not apply to any claim under ORS 30.260 to 30.300 for which a
judgment has been entered in the register of a court before the
effective date of this 2001 Act. + }
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Enrolled Senate Bill 773 (SB 773-A) Page 2
Passed by Senate April 24, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 1, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 773 (SB 773-A) Page 3
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 773 (SB 773-A) Page 4