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 2369
 
                         Senate Bill 403
 
Sponsored by Senator BONAMICI
 
 
                             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 as
introduced.
 
  Allows beneficiaries in wrongful death action to agree to
distribution of all damages recovered in action in manner other
than as provided under laws of intestate succession.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to wrongful death actions; amending ORS 30.030; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 30.030 is amended to read:
  30.030. (1) Upon settlement of a claim, or recovery of judgment
in an action, for damages for wrongful death, by the personal
representative of a decedent under ORS 30.020, the amount of
damages so accepted or recovered shall be distributed in the
manner prescribed in this section.
  (2) The personal representative shall make payment or
reimbursement for costs, expenses and fees incurred in
prosecution or enforcement of the claim, action or judgment.
  (3) The personal representative shall make payment or
reimbursement for reasonable charges necessarily incurred for
doctors' services, hospital services, nursing services or other
medical services, burial services and memorial services rendered
for the decedent.
  (4) If under ORS 30.040 or 30.050 or by agreement of the
beneficiaries a portion of the damages so accepted or recovered
is apportioned to a beneficiary as recovery for loss described in
ORS 30.020 (2)(d), the personal representative shall distribute
that portion to the beneficiary.
  (5) The remainder of damages accepted or recovered shall be
distributed to the beneficiaries in the proportions prescribed
under the laws of intestate succession of the state of decedent's
domicile,  { + or as agreed by the beneficiaries, + } but no such
damages shall be subject to payment of taxes or claims against
the decedent's estate.
  SECTION 2.  { + 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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