75th OREGON LEGISLATIVE ASSEMBLY--2009 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 566
A-Engrossed
House Bill 2303
Ordered by the House March 13
Including House Amendments dated March 13
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Judiciary for Oregon State Bar)
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 award of damages and attorney fees to servicemember
bringing action to enforce right or remedy under Servicemembers
Civil Relief Act.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to Servicemembers Civil Relief Act; creating new
provisions; amending ORS 36.405; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
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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