Chapter 560 Oregon Laws 2003

AN ACT

HB 3330

Relating to death; creating new provisions; and amending ORS 117.005.

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) The Governor may proclaim that a natural disaster or an act of war, terrorism or sabotage has caused the death of unknown persons on a specific date at a specific place.

(2) For the purposes of any civil or administrative proceeding, there is a presumption that a missing person is dead if it is shown that:

(a) The person was at or near the place described in a proclamation under this section on the date specified in the proclamation; and

(b) The person’s absence cannot be satisfactorily explained after diligent search.

(3) In administering the estate of an absentee under ORS chapter 117, the court may enter an order directing the State Medical Examiner to deposit a death certificate with the county registrar for a decedent presumed to be dead under this section. The county registrar may not charge a fee for depositing a death certificate under this subsection or for issuing a copy of a death certificate deposited under this subsection. The State Medical Examiner shall indicate on the death certificate that the death certificate was issued pursuant to an order entered under this section.

(4) This section does not establish, limit or abrogate the special peril doctrine.

SECTION 2. ORS 117.005 is amended to read:

117.005. Administration may be had upon the estate of an absentee. A petition for administration shall state, in addition to the information required by ORS 113.035:

(1) Whether the absentee, when last heard from, was a resident or nonresident of this state.

(2) The address of the absentee at the last-known domicile of the absentee.

(3)(a) That, to the best knowledge of the petitioner and after diligent search, the whereabouts of the absentee is and has been unknown for a period stated of not less than one year, and that the petitioner has reason to believe and believes the absentee is dead; [or]

(b) That the death of the absentee at the time, location and in the circumstances stated in the petition is probable, and that the fact of death is in doubt solely by reason of the failure to find or identify the remains of the absentee; or

(c) That there is a presumption that the absentee is dead under the provisions of section 1 of this 2003 Act.

Approved by the Governor July 8, 2003

Filed in the office of Secretary of State July 8, 2003

Effective date January 1, 2004

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