75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
HA to HB 2303
LC 566/HB 2303-4
HOUSE AMENDMENTS TO
HOUSE BILL 2303
By COMMITTEE ON JUDICIARY
March 13
On page 1 of the printed bill, delete lines 5 through 30 and
delete pages 2 and 3 and insert:
' { + SECTION 1. + } { + (1) As used in this section and
section 2 of this 2009 Act, 'servicemember' has the meaning given
that term in 50 U.S.C. App. 511 as in effect on the effective
date of this 2009 Act.
' (2) An action brought by a servicemember to enforce a right
or remedy under 50 U.S.C. App. 501 et seq. is not subject to
court-ordered arbitration under ORS 36.400 to 36.425 unless the
parties to the action stipulate in writing to arbitration after
the action is commenced.
' (3) In addition to the counties specified in ORS 14.080, an
action brought by a servicemember to enforce a right or remedy
under 50 U.S.C. App. 501 et seq. may be brought in the Oregon
county where the servicemember resides or where the servicemember
was a resident at the time of bringing the action.
' (4) Any contract term or provision providing for a choice of
forum other than Oregon in an agreement entered into by a
servicemember who resides in Oregon or is a resident of Oregon is
voidable at the election of the servicemember. + }
' { + SECTION 2. + } { + (1) In addition to any other remedy
payable to a servicemember for the enforcement of a right under
50 U.S.C. App. 501 et seq., a court shall award a servicemember
reasonable attorney fees and the amounts specified in subsection
(2) of this section if the court finds that written demand as
described in subsection (3) of this section was mailed to the
opposing party demanding relief under 50 U.S.C. App. 501 et seq.,
and the opposing party failed to remedy the violation of 50
U.S.C. App. 501 et seq. within 30 days after the mailing of the
demand.
' (2) If a court finds that notice was mailed as required by
this section, and the opposing party failed to remedy the
violation of 50 U.S.C. App. 501 et seq. within the time allowed,
the court shall award the servicemember:
' (a) The greater of $1,000 or actual damages, including
damages for emotional distress; or
' (b) If the court finds that the opposing party's conduct was
willful, as described in ORS 646.605, the court shall award the
servicemember the greater of $5,000, or three times the amount of
actual damages, including damages for emotional distress.
' (3) A written demand under subsection (1) of this section
must be sent by certified mail, return receipt requested. The
demand must include the servicemember's name and address, the
date on which the servicemember went on active duty and a
description of the alleged violation of 50 U.S.C. App. 501 et
seq. + }
' { + SECTION 3. + } ORS 36.405 is amended to read:
' 36.405. (1) { + Except as provided in section 1 of this 2009
Act, + } in a civil action in a circuit court where all parties
have appeared, the court shall refer the action to arbitration
under ORS 36.400 to 36.425 if either of the following applies:
' (a) The only relief claimed is recovery of money or damages,
and no party asserts a claim for money or general and special
damages in an amount exceeding $50,000, exclusive of attorney
fees, costs and disbursements and interest on judgment.
' (b) The action is a domestic relations suit, as defined in
ORS 107.510, in which the only contested issue is the division or
other disposition of property between the parties.
' (2) The presiding judge for a judicial district may do either
of the following:
' (a) Exempt from arbitration under ORS 36.400 to 36.425 a
civil action that otherwise would be referred to arbitration
under this section.
' (b) Remove from further arbitration proceedings a civil
action that has been referred to arbitration under this section,
when, in the opinion of the judge, good cause exists for that
exemption or removal.
' (3) If a court has established a mediation program that is
available for a civil action that would otherwise be subject to
arbitration under ORS 36.400 to 36.425, the court shall not
assign the proceeding to arbitration if the proceeding is
assigned to mediation pursuant to the agreement of the parties.
Notwithstanding any other provision of ORS 36.400 to 36.425, a
party who completes a mediation program offered by a court shall
not be required to participate in arbitration under ORS 36.400 to
36.425.
' { + SECTION 4. + } { + Sections 1 and 2 of this 2009 Act
apply only to conduct that violates 50 U.S.C. App. 501 et seq.
that occurs on or after the effective date of this 2009 Act. + }
' { + SECTION 5. + } { + This 2009 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2009 Act
takes effect on its passage. + } ' .
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