70th OREGON LEGISLATIVE ASSEMBLY
1999 Regular Session
Including House Amendments dated May 5 and Senate Amendments dated July 1
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 {+} .
Sponsored by Representative SCHRADER; Representatives EDWARDS, KAFOURY
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.
Provides civil immunity for statements made by person in course of participating in administrative, quasi-judicial or legislative proceeding conducted by public body.
A BILL FOR AN ACT
Relating to liability.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) Except as provided in this section, a person is not civilly liable for any statement made by the person in the course of participating in an administrative, quasi-judicial or legislative proceeding conducted by a public body, as defined in ORS 30.260. Statements protected under this section include, but are not limited to, statements made for the purpose of influencing governmental decisions or informing government officials or employees on issues being considered by a public body, as defined in ORS 30.260.
(2) The immunity conveyed by this section does not apply if:
(a) The statement is not material to any issue being considered
by a public body, as defined in ORS 30.260; and
(b) The person making the statement knew or should have known
that the statement was false at the time the statement was made.
(3) The immunity conveyed by this section:
(a) Does not apply in any action brought by a public body for
the purpose of enforcing the laws of this state; and
(b) Does not apply to statements that are subject to ORS
171.530.
(4) This section does not limit any other immunity or defense under common or statutory law that may be available to a defendant in a civil action based on statements made by the defendant.
(5) The court shall expedite any motion for summary judgment filed by a defendant that asserts the immunity provided by this section.
(6) In any civil action in which the immunity conveyed by this section is asserted as a defense, the court may award to the prevailing party reasonable attorney fees, costs and other reasonable expenses, including expert witness expenses, incurred by the prevailing party. + }
SECTION 2. { + The immunity conveyed by section 1 of this 1999 Act applies only to statements made on or after the effective date of this 1999 Act. + }
Return to Oregon