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 4185
 
                         Senate Bill 956
 
Sponsored by Senators METSGER, MINNIS
 
 
                             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 civil action against owner or operator
of equipment that causes interference with radio communications
sent or received by public safety agency if interference results
in injury, death or damage to plaintiff.
 
                        A BILL FOR AN ACT
Relating to civil actions.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) For the purposes of this section, 'public
safety agency' means the Oregon State Police, a sheriff's
department, a municipal police department, any state or local
agency that engages in firefighting, any public or private entity
that provides ambulance or emergency medical services or any
9-1-1 jurisdiction as defined in ORS 401.710.
  (2) A person may bring a civil action against the owner or
operator of any equipment that causes interference with radio
communications sent or received by a public safety agency if the
interference results in injury, death or damage to the plaintiff.
  (3) A defendant in an action under this section may assert as
an affirmative defense that the defendant:
  (a) Communicated with the public safety agency about
interference with the public safety agency's radio communications
before the injury, death or damage occurred; and
  (b) Implemented all practices and procedures recommended by the
public safety agency for the purpose of avoiding or lessening
interference with the public safety agency's radio
communications.
  (4) A prevailing plaintiff in an action under this section may
recover all economic damages, as defined in ORS 18.560, and all
non-economic damages, as defined in ORS 18.560, incurred by the
plaintiff.
  (5) The court may award reasonable attorney fees and punitive
damages to a prevailing plaintiff in an action under this
section.
  (6) An action under this section must be commenced within two
years after the occurrence of the acts or omissions causing the
injury, death or damages. + }
  SECTION 2.  { + Section 1 of this 2001 Act applies only to
causes of action arising on or after the effective date of this
2001 Act. + }
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