72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 365
 
                           A-Engrossed
 
                         House Bill 3330
                  Ordered by the House April 28
            Including House Amendments dated April 28
 
Sponsored by COMMITTEE ON JUDICIARY (at the request of Attorney
  General Hardy Myers)
 
 
                             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.
 
  Authorizes Governor to proclaim that  { + natural disaster
or + } act of war, terrorism or sabotage has caused death of
unknown persons on specific date at specific place.
  Creates presumption that missing person is dead if it is shown
that person was at or near place described in proclamation on
specified date and cannot be found after diligent search.
  Authorizes court to   { - enter judgment finding that person
died at place and on date specified in proclamation. Provides
that judgment may - }  direct State Medical Examiner to issue
death certificate.
 
                        A BILL FOR AN ACT
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 issue a death certificate to the personal
representative for the estate. The State Medical Examiner may not
charge a fee for issuing a death certificate under this
subsection. The State Medical Examiner may 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 + }.
                         ----------