74th OREGON LEGISLATIVE ASSEMBLY--2007 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 460
 
                           A-Engrossed
 
                         House Bill 2093
                  Ordered by the House March 22
            Including House Amendments dated March 22
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for Oregon Military Department)
 
 
                             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.
 
  Allows service members to request stay of administrative
proceedings under certain circumstances.
 
                        A BILL FOR AN ACT
Relating to stays of proceedings; creating new provisions; and
  amending ORS 399.238.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 399.238 is amended to read:
  399.238. (1) As used in this section, 'service member ' means:
  (a) 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. - }
  (b) A member of the Oregon National Guard who is called into
active   { - federal - }  service  { + outside this state + }
under Title 10  { + or Title 32 + } of the United States Code.
   { +  (c) A member of the Oregon National Guard who is called
into active state duty under ORS 399.075. + }
  (2) A service member may, while in active service  { + or
active state duty + } or within six months after that service
 { + or duty + } ends, apply to a court  { + or an administrative
body + }:
  (a) For relief with respect to any obligation or liability
incurred by the member before the period of active service
 { + or active state duty + } began. The court { +  or
administrative body + }, after appropriate notice and hearing,
may grant relief unless the court  { +  or administrative
body + } determines that the ability of the member to comply with
the terms of the obligation or liability has not been materially
affected by active service  { + or active state duty + }.
  (b) For a stay of a civil   { - judicial - }   { + or
administrative + } proceeding in which the service member is a
party. The court  { + or administrative body + }, after
appropriate notice, shall grant the stay unless the court  { + or
administrative body + } determines that the ability of the
service member to   { - represent the interests of the service
member are - }   { + appear is + } not materially affected by
active service  { + or active state duty + }.
  (3) The court  { + or administrative body + } may not charge or
collect any fee from a service member who applies to the court
 { + or administrative body + } 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 - }  { +  in any action or proceeding + }.
  SECTION 2.  { + (1) Except as provided in subsection (2) of
this section, the amendments to ORS 399.238 by section 1 of this
2007 Act apply to administrative proceedings commenced before, on
or after the effective date of this 2007 Act.
  (2) The amendments to ORS 399.238 by section 1 of this 2007 Act
do not apply to any proceeding in which a final order has been
entered after all opportunity for administrative review has been
exhausted. + }
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