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 3475
A-Engrossed
House Bill 3601
Ordered by the House April 14
Including House Amendments dated April 14
Sponsored by Representative P SMITH; Representative NELSON (at
the request of Michael Mitchell)
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.
Establishes rights of persons called into active state service.
{ - Extends expiration date of driver licenses issued to persons
serving in Armed Forces of United States outside this state. - }
{ + Declares emergency, effective on passage. + }
A BILL FOR AN ACT
Relating to active members of military; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2003 Act is added to and made
a part of ORS chapter 90. + }
SECTION 2. { + (1) As used in this section, 'state service
member' means a member of the organized militia who is called
into active service of the state by the Governor under ORS
399.065 (1) for 90 or more consecutive days.
(2) A tenant may terminate a rental agreement upon written
notice if the tenant provides the landlord with proof of official
orders showing that the tenant is a state service member.
(3) A termination of a rental agreement under this section is
effective the earlier of:
(a) Thirty days after the date the next rental payment is due;
or
(b) On the last day of the month after the month in which
written notice is given.
(4) Notwithstanding ORS 90.300 (5)(a), 90.302 (3)(d) and
90.430, a tenant who terminates a lease under subsection (2) of
this section is not:
(a) Subject to a penalty, fee, charge or loss of deposit
because of the termination; or
(b) Liable for any rent beyond the effective date of the
termination as determined under subsection (3) of this
section. + }
SECTION 3. { + Section 2 of this 2003 Act applies to rental
agreements entered into, extended or renewed on or after the
effective date of this 2003 Act. + }
SECTION 4. { + (1) As used in this section:
(a) 'Interest' includes service charges, renewal fees or other
charges or fees associated with an obligation or liability.
(b) 'State service member' means a member of the organized
militia who is called into active service of the state by the
Governor under ORS 399.065 (1) for 30 or more consecutive days.
(2) Notwithstanding ORS 82.010, 83.095, 708A.255, 722.354,
723.502, 723.730 and 725.340, an obligation or liability bearing
interest at a rate in excess of six percent per year incurred by
a state service member before being called into active service
may not, during any part of the period of active service, bear
interest in excess of six percent per year except by court order.
(3) The state service member shall provide written notice to
the creditor requesting that the rate of interest be reduced to
six percent per year and shall include proof of the official
orders showing that the state service member is being called into
active service of the state by the Governor under ORS 399.065
(1).
(4) A creditor that receives a request under subsection (3) of
this section to reduce a rate of interest may apply to the court
for a determination that the ability of a state service member to
pay interest on an obligation or liability at a rate in excess of
six percent per year is not materially affected because of the
active service of the member. If a court determines that the
ability of a state service member to pay interest on an
obligation or liability at a rate in excess of six percent per
year is not materially affected because of the active service of
the member, the court may order an interest rate that is just.
(5) A creditor must recompute the payment schedule to amortize
the balance of the obligation or liability over the remainder of
the obligation or liability at a rate of interest determined
under subsection (2) or (4) of this section. + }
SECTION 5. { + Section 4 of this 2003 Act applies to state
service members who enter active service of the state on or after
the effective date of this 2003 Act. + }
SECTION 6. { + Section 7 of this 2003 Act is added to and made
a part of ORS 105.105 to 105.168. + }
SECTION 7. { + (1) As used in this section, 'state service
member' means a member of the organized militia who is called
into active service of the state by the Governor under ORS
399.065 (1) for 30 or more consecutive days.
(2) In an action pursuant to ORS 105.110, the court may stay
the eviction of the defendant for up to 90 days if:
(a) The defendant is a state service member;
(b) The agreed-upon rent does not exceed $1,200 per month; and
(c) The premises are occupied chiefly for dwelling purposes by
the spouse, children or other dependents of the defendant.
(3) If the defendant requests a stay of the eviction for up to
90 days and the defendant can prove that the ability of the
defendant to pay the agreed-upon rent is materially affected by
being called into active service, the court may grant the stay of
the eviction. + }
SECTION 8. { + Section 7 of this 2003 Act applies to actions
for the recovery of the possession of the premises filed on or
after the effective date of this 2003 Act. + }
SECTION 9. { + (1) As used in this section, 'state service
member' means a member of the organized militia who is called
into active service of the state by the Governor under ORS
399.065 (1) for 30 or more consecutive days.
(2) A state service member may, while in active service + }
{ + or within six months after that service ends, apply to a
court:
(a) For relief with respect to any obligation or liability
incurred by the member before the period of active state service
began. The court, after appropriate notice and hearing, may grant
relief unless the court determines that the ability of the member
to comply with the terms of the obligation or liability has not
been materially affected by active state service.
(b) For a stay of a civil judicial proceeding in which the
state service member is a party. The court, after appropriate
notice, shall grant the stay unless the court determines that the
ability of the state service member to represent the interests of
the state service member are not materially affected by active
state service.
(3) The court may not charge or collect any fee from a state
service member who applies to the court for relief under this
section.
(4) An application filed under this section may not be deemed
as consent to the jurisdiction of any court of this state. + }
SECTION 10. { + Section 9 of this 2003 Act applies to state
service members who enter active service of the state on or after
the effective date of this 2003 Act. + }
SECTION 11. { + This 2003 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2003 Act takes effect on
its passage. + }
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