72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HMRA to A-Eng. SB 880
 
LC 3482/SB 880-AMR9
 
                      HOUSE MINORITY REPORT
                          AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 880
 
                             June 10
 
Speaker Minnis:
  A minority of your Committee on Judiciary, to whom was referred
A-engrossed Senate Bill 880, having had the same under
consideration, respectfully reports it back with the
recommendation that it do pass with the following amendments:
 
  On page 1 of the printed A-engrossed bill, delete lines 17
through 25 and insert:
  '  { +  SECTION 2. + }  { + (1) The provisions of this section
apply only to civil actions against a tobacco product
manufacturer, or against an affiliate or successor of a tobacco
product manufacturer, in which:
  ' (a) The tobacco product manufacturer, affiliate or successor
is subject to the requirements of ORS 293.535; and
  ' (b) The state is not a plaintiff.
  ' (2) In any civil action described in subsection (1) of this
section, the presumptive amount for any supersedeas undertaking
required of the tobacco product manufacturer, affiliate or
successor as a condition of a stay of judgment on appeal is $100
million if the judgment is for $100 million or more.
  ' (3) In any civil action described in subsection (1) of this
section in which the amount of the judgment is for $100 million
or more, the judgment creditor may move the court for an order
increasing the amount of the supersedeas undertaking above the
presumptive amount specified in subsection (2) of this section.
The court may increase the amount of the undertaking only if the
judgment creditor establishes by a preponderance of the evidence
that:
  ' (a) The judgment debtor does not have sufficient assets or
financial capacity to ensure payment of that portion of the
judgment exceeding $100 million, but the judgment debtor does
have the financial capacity to purchase an undertaking in the
amount requested by the judgment creditor;
  ' (b) An increase in the amount of the undertaking is necessary
to prevent irreparable financial damage to the judgment creditor,
and the judgment debtor has the financial capacity to purchase an
undertaking in the amount requested by the judgment creditor;
  ' (c) An increase in the amount of the undertaking is necessary
because of existing or threatened dissipation or diversion of
assets by the judgment debtor that cannot reasonably be prevented
by court orders, including orders prohibiting continued or
threatened dissipation or diversion of assets by the judgment
debtor; or
  ' (d) Requiring the judgment debtor to file an undertaking in
the amount requested, when considered alone or in conjunction
with other judgments against the judgment debtor, will not
threaten the judgment debtor's ability to satisfy financial
obligations to the State of Oregon arising under the Master
Settlement Agreement or under judgments awarding punitive
damages.
 
  ' (4) If a motion is filed under subsection (3) of this
section, all parties may conduct such discovery as is necessary
in support of the motion. The court shall enter such protective
orders under ORCP 36 C as may be necessary to protect the
interests of the parties.
  ' (5) The Attorney General may appear in any proceedings under
this section for the purpose of protecting the interests of the
state in the proceedings.
  ' (6) The provisions of this section apply to any supersedeas
undertaking required for a judgment entered by a court of this
state and to any security required as a condition of staying
enforcement of a foreign judgment under the provisions of ORS
24.135 (2). + } ' .
  On page 2, delete lines 1 through 14.
 
                         /sFloyd Prozanski
                           Representative
 
                         /sRobert Ackerman
                           Representative
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