Bill Text: OR SJR19 | 2011 | Regular Session | Introduced

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Bill Title: Proposing amendment to Oregon Constitution relating to limitations on noneconomic damages.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SJR19 Detail]

Download: Oregon-2011-SJR19-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1111

                   Senate Joint Resolution 19

Sponsored by Senator GEORGE (Presession filed.)

                             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.

  Proposes amendment to Oregon Constitution to impose limitations
on awards of noneconomic damages in civil actions.
  Refers proposed amendment to people for their approval or
rejection at next regular general election.

                        JOINT RESOLUTION
Be It Resolved by the Legislative Assembly of the State of
  Oregon:
  PARAGRAPH 1. The Constitution of the State of Oregon is amended
by creating a new section 12 to be added to and made a part of
Article XV, such section to read:
   { +  SECTION 12. + }  { + (1) Except as provided in subsection
(2) of this section, noneconomic damages may not be recovered in
a civil action by or on behalf of an injured person in an amount
that exceeds:
  (a) $250,000, if the person is not permanently disabled by
reason of the injury; or
  (b) $500,000, if the person is permanently disabled by reason
of the injury.
  (2) If a plaintiff establishes in a civil action that a
defendant intentionally caused injury to the plaintiff or that
the injury was caused by gross negligence of a defendant, the
plaintiff may recover noneconomic damages from the defendant in
an amount not to exceed:
  (a) $500,000, if the plaintiff is not permanently disabled by
reason of the injury; or
  (b) $750,000, if the plaintiff is permanently disabled by
reason of the injury.
  (3) Except as provided in subsection (4) of this section,
noneconomic damages may not be recovered in a wrongful death
action in an amount that exceeds $500,000.
  (4) If the plaintiff in a wrongful death action establishes
that a defendant intentionally caused the death of the decedent
or that the death was caused by gross negligence of a defendant,
the plaintiff may recover noneconomic damages from the defendant
in an amount not to exceed $1 million.
  (5) The Legislative Assembly by law may establish criteria for
determining when a physical or mental impairment is permanent for
the purposes of this section.
  (6) For the purposes of this section:

  (a) 'Disabled' means having a physical or mental impairment
that substantially limits one or more major life activities.
  (b) 'Noneconomic damages' means subjective, nonmonetary losses,
including but not limited to pain, mental suffering, emotional
distress, humiliation, injury to reputation, loss of consortium,
inconvenience, interference with normal and usual activities
apart from gainful employment, and loss of care, comfort,
companionship and society. + }

  PARAGRAPH 2.  { + The amendment proposed by this resolution
shall be submitted to the people for their approval or rejection
at the next regular general election held throughout this
state. + }
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