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 1408
 
                         House Bill 3517
 
Sponsored by Representatives C EDWARDS, D EDWARDS;
  Representatives BARKER, CLEM, COWAN, HUNT, RILEY, ROBLAN
 
 
                             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 as
introduced.
 
  Provides that action against public body or officer, employee
or agent of public body based on child abuse is not subject to
two-year statute of limitation of Oregon Tort Claims Act and must
be commenced within time provided for actions against private
persons.
 
                        A BILL FOR AN ACT
Relating to child abuse; creating new provisions; and amending
  ORS 30.275.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 30.275 is amended to read:
  30.275. (1) No action arising from any act or omission of a
public body or an officer, employee or agent of a public body
within the scope of ORS 30.260 to 30.300 shall be maintained
unless notice of claim is given as required by this section.
  (2) Notice of claim shall be given within the following
applicable period of time, not including the period, not
exceeding 90 days, during which the person injured is unable to
give the notice because of the injury or because of minority,
incompetency or other incapacity:
  (a) For wrongful death, within one year after the alleged loss
or injury.
  (b) For all other claims, within 180 days after the alleged
loss or injury.
  (3) Notice of claim required by this section is satisfied by:
  (a) Formal notice of claim as provided in subsections (4) and
(5) of this section;
  (b) Actual notice of claim as provided in subsection (6) of
this section;
  (c) Commencement of an action on the claim by or on behalf of
the claimant within the applicable period of time provided in
subsection (2) of this section; or
  (d) Payment of all or any part of the claim by or on behalf of
the public body at any time.
  (4) Formal notice of claim is a written communication from a
claimant or representative of a claimant containing:
  (a) A statement that a claim for damages is or will be asserted
against the public body or an officer, employee or agent of the
public body;
 
  (b) A description of the time, place and circumstances giving
rise to the claim, so far as known to the claimant; and
  (c) The name of the claimant and the mailing address to which
correspondence concerning the claim may be sent.
  (5) Formal notice of claim shall be given by mail or personal
delivery:
  (a) If the claim is against the state or an officer, employee
or agent thereof, to the office of the Director of the Oregon
Department of Administrative Services.
  (b) If the claim is against a local public body or an officer,
employee or agent thereof, to the public body at its principal
administrative office, to any member of the governing body of the
public body, or to an attorney designated by the governing body
as its general counsel.
  (6) Actual notice of claim is any communication by which any
individual to whom notice may be given as provided in subsection
(5) of this section or any person responsible for administering
tort claims on behalf of the public body acquires actual
knowledge of the time, place and circumstances giving rise to the
claim, where the communication is such that a reasonable person
would conclude that a particular person intends to assert a claim
against the public body or an officer, employee or agent of the
public body. A person responsible for administering tort claims
on behalf of a public body is a person who, acting within the
scope of the person's responsibility, as an officer, employee or
agent of a public body or as an employee or agent of an insurance
carrier insuring the public body for risks within the scope of
ORS 30.260 to 30.300, engages in investigation, negotiation,
adjustment or defense of claims within the scope of ORS 30.260 to
30.300, or in furnishing or accepting forms for claimants to
provide claim information, or in supervising any of those
activities.
  (7) In an action arising from any act or omission of a public
body or an officer, employee or agent of a public body within the
scope of ORS 30.260 to 30.300, the plaintiff has the burden of
proving that notice of claim was given as required by this
section.
  (8) The requirement that a notice of claim be given under
subsections (1) to (7) of this section does not apply if:
  (a)(A) The claimant was under the age of 18 years when the acts
or omissions giving rise to a claim occurred;
  (B) The claim is against the Department of Human Services or
the Oregon Youth Authority; and
  (C) The claimant was in the custody of the Department of Human
Services pursuant to an order of a juvenile court under ORS
419B.150, 419B.185, 419B.337 or 419B.527, or was in the custody
of the Oregon Youth Authority under the provisions of ORS
419C.478, 420.011 or 420A.040, when the acts or omissions giving
rise to a claim occurred.
  (b) The claim is against a private, nonprofit organization that
provides public transportation services described under ORS
30.260 (4)(f).
   { +  (c) The claim is based on child abuse, as defined in ORS
12.117. + }
  (9) Except as provided in  { + subsection (10) of this section
and + } ORS 12.120, 12.135 and 659A.875, but notwithstanding any
other provision of ORS chapter 12 or other statute providing a
limitation on the commencement of an action, an action arising
from any act or omission of a public body or an officer, employee
or agent of a public body within the scope of ORS 30.260 to
30.300 shall be commenced within two years after the alleged loss
or injury.
   { +  (10) An action arising from an act or omission of a
public body or an officer, employee or agent of a public body
within the scope of ORS 30.260 to 30.300 must be commenced within
 
the time provided by ORS 12.117 if the act or omission
constitutes child abuse as defined in ORS 12.117. + }
  SECTION 2.  { + The amendments to ORS 30.275 by section 1 of
this 2007 Act apply to all causes of action, whether arising
before, on or after the effective date of this 2007 Act. The
amendments to ORS 30.275 by section 1 of this 2007 Act revive any
cause of action barred by the operation of ORS 30.275 as in
effect immediately before the effective date of this 2007
Act. + }
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