72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
 
                            Enrolled
 
                         House Bill 3330
 
Sponsored by COMMITTEE ON JUDICIARY (at the request of Attorney
  General Hardy Myers)
 
 
                     CHAPTER ................
 
 
                             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 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
 
 
Enrolled House Bill 3330 (HB 3330-B)                       Page 1
 
 
 
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 + }.
                         ----------
 
 
Passed by House May 6, 2003
 
Repassed by House June 24, 2003
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate June 20, 2003
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 3330 (HB 3330-B)                       Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2003
 
Approved:
 
......M.,............., 2003
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2003
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 3330 (HB 3330-B)                       Page 3