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 2809
 
                           A-Engrossed
 
                         Senate Bill 659
                   Ordered by the Senate May 9
             Including Senate Amendments dated May 9
 
Sponsored by Senator L GEORGE (at the request of Russell Walker,
  FreedomWorks)
 
 
                             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.
 
    { - Authorizes use of binding arbitration in lieu of civil
action for injuries and damage suffered as result of receiving
services from licensed professional. - }
    { - Provides that claim is subject to binding arbitration if
client and licensed professional enter into agreement to
arbitrate. Provides that arbitration is exclusive remedy if claim
is subject to binding arbitration. - }
    { - Prescribes procedures for and contents of agreements to
arbitrate. Establishes time limitations and processes for claims
subject to binding arbitration. - }
   { +  Establishes requirements for asserting claim of
professional negligence against real estate licensee in binding
arbitration proceeding. Requires certification that claimant or
attorney for claimant has consulted real estate licensee who is
qualified, available and willing to testify relating to liability
of licensee. + }
 
                        A BILL FOR AN ACT
Relating to binding arbitration.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in this section, 'real estate
licensee' has the meaning given that term in ORS 696.010.
  (2) A claim, counterclaim or cross-claim in a binding
arbitration proceeding asserting a claim of professional
negligence against a real estate licensee for conduct occurring
within the course and scope of the activities for which the
person is licensed may not be made unless the claimant or the
claimant's attorney certifies that the claimant or attorney has
consulted a real estate licensee who is qualified, available and
willing to testify to admissible facts and opinions sufficient to
create a question of fact as to the liability of the real estate
licensee.  The certification required by this section must be
provided at the time an arbitration proceeding is initiated as
described in ORS 36.635 or at the time the claim is presented in
the arbitration proceeding by counterclaim or cross-claim. The
certification must contain a statement that a real estate
licensee who is qualified to testify as to the standard of care
applicable to the alleged facts is available and willing to
testify in the proceeding that:
  (a) The alleged conduct of the real estate licensee failed to
meet the standard of professional care applicable to the real
estate licensee in the circumstances alleged; and
  (b) The alleged conduct was a cause of the claimed damages,
losses or other harm.
  (3) In lieu of providing the certification described in
subsection (2) of this section, the claimant or the claimant's
attorney may provide an affidavit at the time the arbitration
proceeding is initiated as described in ORS 36.635, or at the
time the claim is presented in the arbitration proceeding by
counterclaim or cross-claim, that states:
  (a) The time allowed to make the claim is about to expire;
  (b) The certification required under subsection (2) of this
section will be provided within 30 days after the proceeding is
initiated or after the claim is presented in the proceeding, or
such longer time as the arbitrator may allow for good cause
shown; and
  (c) The claimant or attorney has made such inquiry as is
reasonable under the circumstances and has made a good faith
attempt to consult with at least one real estate licensee who is
qualified to testify as to the standard of care applicable to the
alleged facts, as required by subsection (2) of this section.
  (4) Upon motion of the real estate licensee, an arbitrator may
dismiss a claim, counterclaim or cross-claim if a claimant or
claimant's attorney fails to comply with the requirements of this
section within such time as the arbitrator may determine.
  (5) This section applies only to a claim in a binding
arbitration proceeding by a claimant who:
  (a) Has contracted with or otherwise employed the real estate
licensee; or
  (b) Is a person for whose benefit the real estate licensee
performed services. + }
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