75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to SB 311
 
LC 1452/SB 311-7
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 311
 
                    By COMMITTEE ON JUDICIARY
 
                           February 13
 
  On page 1 of the printed bill, line 3, delete '31.710,'.
  In line 10, after 'are' insert 'not'.
  After line 11, insert:
  ' (3) A court may not apply the limitations imposed on recovery
under sections 3, 4 and 5 of this 2009 Act until after the entry
of a verdict or a stipulation by the parties to the amount of the
damages.'.
  In line 12, delete '(3)' and insert '(4)'.
  In line 16, delete '(4)' and insert '(5)'.
  In line 23, delete '(5)' and insert '(6)'.
  In line 27, delete '(6)' and insert '(7)'.
  On page 3, after line 10, insert:
  '  { +  SECTION 3a. + }  { + Section 3 of this 2009 Act applies
only to causes of action arising on or after December 28, 2007.
Any cause of action that arose before December 28, 2007, shall
continue to be governed by ORS 30.270, as that statute was in
effect immediately before the effective date of this 2009
Act. + } ' .
  On page 4, after line 9, insert:
  '  { +  SECTION 4a. + }  { + Section 4 of this 2009 Act applies
only to causes of action arising on or after July 1, 2009. Any
cause of action that arose before July 1, 2009, shall continue to
be governed by ORS 30.270, as that statute was in effect
immediately before the effective date of this 2009 Act. + } ' .
  Delete lines 40 through 45 and insert:
  '  { +  SECTION 5a. + }  { + Section 5 of this 2009 Act applies
only to causes of action arising on or after July 1, 2009. Any
cause of action that arose before July 1, 2009, shall continue to
be governed by ORS 30.270, as that statute was in effect
immediately before the effective date of this 2009 Act. + }
  '  { +  SECTION 6. + }  { + Direct appeal of constitutionality
of limitations. (1) At the request of any party to an action
under ORS 30.260 to 30.300, the court shall enter a limited
judgment that is limited to the issue of the application of the
limitations imposed by section 3, 4 or 5 of this 2009 Act. A
limited judgment may be entered under this section only after:
  ' (a) The parties have stipulated to the total damages in the
action; or
  ' (b) The finder of fact has decided the total damages in the
action.
  ' (2) If a limited judgment is entered under this section, the
court may not enter a general judgment until an appellate
judgment on any appeal of the limited judgment has been entered.
  ' (3) A limited judgment entered under this section may be
appealed only by filing a notice of appeal directly with the
Supreme Court within the time and in the manner specified in ORS
chapter 19 for civil appeals to the Court of Appeals. Any party
filing a notice of appeal under this subsection must note in the
notice of appeal that the case is subject to this subsection.
 
  ' (4) An appeal filed under this section may not raise any
issue relating to the case other than the application of a
limitation imposed under section 3, 4 or 5 of this 2009 Act.
  ' (5) If a limited judgment is not requested under this
section, a party may seek judicial review of the imposition of
any of the limitations under section 3, 4 or 5 of this 2009 Act
in an appeal from the general judgment in the action. + } ' .
  On page 5, delete lines 1 through 9.
  On page 6, delete lines 8 through 26 and insert:
  ' (4) 'Public body' means:
  ' (a) A public body as defined in ORS 174.109;
  ' (b) Any nonprofit corporation that is organized and existing
under ORS chapter 65 and that has only political subdivisions or
municipal, quasi-municipal or public corporations in this state
as members;
  ' (c) A private child-caring agency, as defined in ORS 418.205,
that meets the criteria specified in ORS 278.322 (1)(a) and that
receives more than 50 percent of its funding from the state for
the purpose of providing residential treatment to children who
have been placed in the care and custody of the state or that
provides residential treatment to children more than half of whom
have been placed in the care and custody of the state; or
  ' (d) A private, nonprofit organization that provides public
transportation services if more than 50 percent of the
organization's funding for the purpose of providing public
transportation services is received from governmental bodies.'.
  Delete lines 36 through 45 and insert:
  '  { +  NOTE: + } Section 10 was deleted by amendment.
Subsequent sections were not renumbered.'.
  On page 7, delete lines 1 through 10.
  On page 34, line 32, delete '(4)(c)' and insert '(4)(d)'.
  On page 35, line 42, delete '(4)(c)' and insert '(4)(d)'.
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