Bill Text: OR SB695 | 2013 | Regular Session | Introduced

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Bill Title: Relating to mandamus actions; declaring an emergency.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB695 Detail]

Download: Oregon-2013-SB695-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 2746

                         Senate Bill 695

Sponsored by COMMITTEE ON JUDICIARY

                             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.

  Modifies provisions relating to mandamus actions.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to mandamus actions; creating new provisions; amending
  ORS 34.105 and 34.210; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 34.105 is amended to read:
  34.105. As used in ORS 34.105 to 34.240:
  (1) 'Adverse party' means a beneficially interested party to a
judicial or administrative proceeding from which a mandamus
proceeding arises, whose interests are adverse to the relator.
  (2) 'Counsel for defendant' means the attorney who appears on
behalf of the defendant in a mandamus proceeding as provided in
ORS 34.130 (4).
  (3) 'Defendant' means the court, corporation, board, officer or
person against whom relief is sought in a mandamus proceeding.
   { +  (4) 'False return' means a return that:
  (a) Contains a false representation of fact;
  (b) Contains an unreasonable interpretation of law;
  (c) Is intended to delay the proceedings; or
  (d) Fails to state the true reason for defendant's failure to
act. + }
    { - (4) - }   { + (5) + } 'Relator' means the beneficially
interested party on whose relation a mandamus proceeding is
brought.
   { +  (6) 'Return' means an answer to a writ or a motion to
dismiss a writ. + }
  SECTION 2. ORS 34.210 is amended to read:
  34.210. (1) If the court orders issuance of a peremptory writ
of mandamus,   { - the relator shall recover from the defendant
damages which - }   { + the court shall designate a prevailing
party under ORS 20.077 and award to the relator:
  (a) The damages that + } the relator has sustained from a false
return, to be ascertained in the same manner as in an action
 { - . - }  { + ; and
  (b) The attorney fees, costs and disbursements of the
relator. + }
    { - (2) The court in its discretion may designate a
prevailing party and award attorney fees, costs and disbursements
to the prevailing party, but no attorney fees, costs and
disbursements shall be awarded against a judge as a defendant in
a mandamus action for any action taken in the judge's official
capacity.  Attorney fees, costs and disbursements may only be
awarded against adverse parties who have been served with the
petition and writ. - }
   { +  (2) An action for false return may be joined with the
original mandamus proceeding or commenced separately within 30
days after judgment is entered in the original mandamus
proceeding.
  (3) If the peremptory writ is not issued, the court shall
designate a prevailing party under ORS 20.077 and may award
attorney fees, costs and disbursements to the prevailing party.
  (4) Notwithstanding subsections (1) and (3) of this section:
  (a) Attorney fees, costs and disbursements may not be awarded
against a judge as a defendant in a mandamus action for any
action taken in the official capacity of the judge.
  (b) Attorney fees, costs and disbursements may be awarded only
against adverse parties who have been served with the petition
and writ. + }
  SECTION 3.  { + The amendments to ORS 34.105 and 34.210 by
sections 1 and 2 of this 2013 Act apply only to petitions for
writs of mandamus filed on or after the effective date of this
2013 Act. + }
  SECTION 4.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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