75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
SMRA to SB 284
LC 1416/SB 284-MR14
SENATE MINORITY REPORT
AMENDMENTS TO
SENATE BILL 284
May 7
President Courtney:
A minority of your Committee on Judiciary, to whom was referred
Senate Bill 284, having had the same under consideration,
respectfully reports it back with the recommendation that it do
pass with the following amendments:
In line 2 of the printed bill, delete 'amending ORS 52.030 '
and insert 'creating new provisions; and amending ORS 12.135,
30.905 and 30.908'.
Delete lines 4 through 11 and insert:
' { + SECTION 1. + } ORS 30.905 is amended to read:
' 30.905. (1) Except as provided in ORS 30.907 and 30.908 (1)
to (4), a product liability civil action may not be brought for
any death, personal injury or property damage that is caused by a
product and that occurs more than eight years after the date on
which the product was first purchased for use or consumption.
' (2) Except as provided in ORS 30.907 and 30.908 (1) to (4), a
product liability civil action for personal injury or property
damage must be commenced not later than the earlier of:
' (a) Two years after the date on which the plaintiff
discovers, or reasonably should have discovered, the personal
injury or property damage and the causal relationship between the
injury or damage and the product, or the causal relationship
between the injury or damage and the conduct of the defendant; or
' (b) Ten years after the date on which the product was first
purchased for use or consumption.
' (3) Except as provided in ORS 30.907 and 30.908 (1) to (4), a
product liability civil action for death must be commenced not
later than the earlier of:
' (a) The limitation provided by ORS 30.020; or
' (b) Ten years after the date on which the product was first
purchased for use or consumption.
' { + (4) This section does not apply to a civil action
brought against a manufacturer, distributor, seller or lessor of
a manufactured dwelling, as defined in ORS 446.003, or of a
prefabricated structure, as defined in ORS 455.010. Actions
described in this subsection are subject to the statute of
limitations provided by ORS 12.135. + }
' { + SECTION 2. + } ORS 12.135 is amended to read:
' 12.135. (1) An action against a person, whether in contract,
tort or otherwise, arising from such person having performed the
construction, alteration or repair of any improvement to real
property or the supervision or inspection thereof, or from such
person having furnished the design, planning, surveying,
architectural or engineering services for such improvement, shall
be commenced within the applicable period of limitation otherwise
established by law; but in any event such action shall be
commenced within 10 years from substantial completion or
abandonment of such construction, alteration or repair of the
improvement to real property.
' (2) Notwithstanding subsection (1) of this section, an action
against a person for the practice of architecture, as defined in
ORS 671.010, the practice of landscape architecture, as defined
in ORS 671.310, or the practice of engineering, as defined in ORS
672.005, to recover damages for injury to a person, property or
to any interest in property, including damages for delay or
economic loss, regardless of legal theory, arising from the
construction, alteration or repair of any improvement to real
property shall be commenced within two years from the date the
injury or damage is first discovered or in the exercise of
reasonable care should have been discovered; but in any event the
action shall be commenced within 10 years from substantial
completion or abandonment of the construction, alteration or
repair.
' (3) For purposes of this section, 'substantial completion '
means the date when the contractee accepts in writing the
construction, alteration or repair of the improvement to real
property or any designated portion thereof as having reached that
state of completion when it may be used or occupied for its
intended purpose or, if there is no such written acceptance, the
date of acceptance of the completed construction, alteration or
repair of such improvement by the contractee.
' (4) For the purposes of this section, an improvement to real
property shall be considered abandoned on the same date that the
improvement is considered abandoned under ORS 87.045.
' (5) This section:
' (a) Applies, in addition to other actions, to actions brought
in the name of the state or any county or other public
corporation therein, or for its benefit; { - and - }
' { + (b) Applies to an action against a manufacturer,
distributor, seller or lessor of a manufactured dwelling, as
defined in ORS 446.003, or of a prefabricated structure, as
defined in ORS 455.010; and + }
' { - (b) - } { + (c) + } Does not apply to actions against
any person in actual possession and control of the improvement,
as owner, tenant or otherwise, at the time such cause of action
accrues.
' { + SECTION 3. + } { + Section 4 of this 2009 Act is added
to and made a part of ORS 30.900 to 30.920. + }
' { + SECTION 4. + } { + A physician licensed pursuant to
ORS chapter 677 is not a manufacturer, distributor, seller or
lessor of a product for the purposes of ORS 30.900 to 30.920 if
the product is provided by the physician to a patient as part of
a medical procedure and the physician was not involved in the
design or manufacture of the product. + }
' { + SECTION 5. + } ORS 30.908 is amended to read:
' 30.908. (1) Notwithstanding ORS 30.020, a product liability
civil action for death, injury or damage resulting from breast
implants containing silicone, silica or silicon as a component
must be commenced not later than two years after the date on
which the plaintiff first discovered, or in the exercise of
reasonable care should have discovered:
' (a) The death or specific injury, disease or damage for which
the plaintiff seeks recovery;
' (b) The tortious nature of the act or omission of the
defendant that gives rise to a claim for relief against the
defendant; and
' (c) All other elements required to establish plaintiff's
claim for relief.
' (2) A product liability civil action for death, injury or
damage resulting from breast implants containing silicone, silica
or silicon as a component is not subject to ORS 30.905 or any
other statute of repose in Oregon Revised Statutes.
' (3) For the purposes of subsection (1) of this section, an
action for wrongful death must be commenced not later than two
years after the earliest date that the discoveries required by
subsection (1) of this section are made by any of the following
persons:
' (a) The decedent;
' (b) The personal representative for the decedent; or
' (c) Any person for whose benefit the action could be brought.
' (4) Subsections (1) to (3) of this section do not apply to a
person that supplied component parts or raw materials to
manufacturers of breast implants containing silicone, silica or
silicon as a component, and the person shall remain subject to
the limitations on actions imposed by ORS 30.020 and 30.905, if:
' (a) The person did not manufacture breast implants containing
silicone, silica or silicon as a component at any time; and
' (b) The person was not owned by and did not own a business
that manufactured breast implants containing silicone, silica or
silicon as a component at any time.
' { - (5) A physician licensed pursuant to ORS chapter 677 is
not a manufacturer, distributor, seller or lessor of a breast
implant for the purposes of ORS 30.900 to 30.920 if the implant
is provided by the physician to a patient as part of a medical
implant procedure. - }
' { - (6) - } { + (5) + } A health care facility licensed
under ORS chapter 442 is not a manufacturer, distributor, seller
or lessor of a breast implant for the purposes of ORS 30.900 to
30.920 if the implant is provided by the facility to a patient as
part of a medical implant procedure.
' { + SECTION 6. + } { + (1) As used in this section, 'R
type metal halide or mercury vapor light bulb' means a metal
halide or mercury vapor light bulb that does not have an internal
mechanism that shuts off the light automatically within 15
minutes after the bulb is broken.
' (2) A product liability civil action for damages caused by R
type metal halide or mercury vapor light bulbs may not be
commenced more than two years after the date on which the
plaintiff first discovered, or in the exercise of reasonable care
should have discovered, the injury and the causal relationship
between the injury and the conduct of the defendant.
' (3) A product liability civil action for damages caused by R
type metal halide or mercury vapor light bulbs is not subject to
ORS 30.905 or any other statute of limitation or statute of
ultimate repose in Oregon Revised Statutes. + }
' { + SECTION 7. + } { + (1) Except as provided in
subsection (2) of this section, section 6 of this 2009 Act
applies to all causes of action, whether arising before, on or
after the effective date of this 2009 Act.
' (2) Section 6 of this 2009 Act does not apply to a cause of
action for which a judgment was entered before the effective date
of this 2009 Act. + } ' .
/sBrian Boquist
Senator
/sDoug Whitsett
Senator
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