75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
HA to HB 3021
LC 2339/HB 3021-3
HOUSE AMENDMENTS TO
HOUSE BILL 3021
By COMMITTEE ON VETERANS AND EMERGENCY SERVICES
April 24
On page 1 of the printed bill, delete lines 15 through 17 and
insert:
' (1) 'Emergency service activities' means:
' (a) The provision of emergency services; and
' (b) Engaging in training under the direction of a public
body, whether by reason of the training being conducted or
approved by a public body, for the purpose of preparing qualified
emergency service volunteers to perform emergency services.'.
On page 2, delete lines 6 through 22 and insert:
' { + SECTION 3. + } { + Application. Sections 2 to 5 of
this 2009 Act apply only to a qualified emergency service
volunteer who is performing emergency service activities under
the direction of a public body without compensation from the
public body other than reimbursement for food, lodging, costs of
transportation and other expenses. + }
' { + SECTION 4. + } { + Coverage under Oregon Tort Claims
Act. (1) A qualified emergency service volunteer is an agent of a
public body under ORS 30.260 to 30.300 for the purpose of acts
and omissions of the volunteer that are within the course and
scope of the volunteer's duties if the acts or omissions occur:
' (a) While the volunteer is performing emergency service
activities under the direction of the public body during a state
of emergency declared under ORS 401.015 to 401.039, or during a
state of public health emergency proclaimed under ORS 433.441; or
' (b) While the volunteer is engaged in training being
conducted or approved by a public body for the purpose of
preparing the volunteer to perform emergency services.
' (2) A public body shall defend, save harmless and indemnify a
qualified emergency service volunteer as required by ORS 30.285
for any tort claim arising out of an act or omission described in
subsection (1) of this section. + }
' { + SECTION 5. + } { + Workers' compensation benefits.
(1) The Office of Emergency Management shall provide workers'
compensation coverage for qualified emergency service volunteers
who are injured in the course and scope of performing emergency
service activities under the direction of a public body if the
injury occurs:
' (a) While the volunteer is performing emergency service
activities under the direction of the public body during a state
of emergency declared under ORS 401.015 to 401.039, or during a
state of public health emergency proclaimed under ORS 433.441; or
' (b) While the volunteer is engaged in training being
conducted or approved by a public body for the purpose of
preparing the volunteer to perform emergency services.
' (2) Workers' compensation coverage shall be provided under
this section in the manner provided by ORS 656.039. + } ' .
On page 3, line 18, after 'services' insert 'that are'.
In line 19, after 'body' insert 'and that are within the course
and scope of the health care provider's duties'.
In line 25, after 'services' insert 'that are'.
In line 26, after 'body' insert 'and that are within the course
and scope of the duties of the health care facility or other
person'.
In line 31, delete 'subsections (1) and' and insert '
subsection'.
On page 4, delete lines 11 through 13 and insert:
' { + SECTION 12. + } { + Application. Sections 11 to 14 of
this 2009 Act apply only to a qualified search and rescue
volunteer who is performing search and rescue activities without
compensation other than reimbursement for food, lodging, costs of
transportation and other expenses. + } ' .
In line 16, after 'that' insert 'are within the course and
scope of the volunteer's duties and that'.
Delete lines 21 through 30 and insert:
' { + SECTION 14. + } { + Benefits for injuries. (1) A
county shall provide either workers' compensation coverage or
medical insurance for qualified search and rescue volunteers who
are injured in the course and scope of performing search and
rescue activities under the direction of the sheriff of the
county or the designee of the sheriff.
' (2) Workers' compensation coverage shall be provided under
this section in the manner provided by ORS 656.031, except that
the application for coverage under ORS 656.031 (2) need not
include a resolution of the governing body of the county.
' (3) Qualified search and rescue volunteers and their
beneficiaries are not eligible for workers' compensation benefits
under this section if the volunteer is performing search and
rescue activities during an emergency and is provided with
workers' compensation coverage under section 5 of this 2009
Act. + } ' .
On page 13, delete lines 2 through 23 and insert:
' { + SECTION 32. + } ORS 401.309 is amended to read:
' 401.309. { + (1) The governing body of a city or county in
this state may declare, by ordinance or resolution, that a state
of emergency exists within the city or county. The ordinance or
resolution must limit the duration of the state of emergency to
the period of time during which the conditions giving rise to the
declaration exist or are likely to remain in existence. + }
' { - (1) - } { + (2) + } { - Each county, city or other
municipal corporation - } { + A city or county + } in this
state may, by ordinance or resolution, establish procedures to
prepare for and carry out any activity to prevent, minimize,
respond to or recover from an emergency. The ordinance or
resolution shall describe the conditions required for the
declaration of a state of emergency within the jurisdiction
{ - and the agency or individual authorized to declare that a
state of emergency exists - } .
' { - (2) - } { + (3) + } An ordinance or resolution adopted
under { + subsection (2) of + } this section may designate the
emergency management agency, if any, or any other agency or
official of the
{ - county, city or municipal corporation - } { + city or
county + } as the agency or official charged with carrying out
emergency duties or functions under the ordinance.
' { - (3) - } { + (4) + } A { - county, city or municipal
corporation - } { + city or county + } may authorize an agency
or official to order mandatory evacuations of residents and other
individuals after a
{ - declaration of a - } state of emergency { - within the
jurisdiction - } is declared { + under this section + }. An
evacuation under an ordinance or resolution authorized
{ - by - } { + under subsection (2) of + } this section shall
be ordered only when necessary for public safety or when
necessary for the efficient conduct of activities that minimize
or mitigate the effects of the emergency.
' { - (4) - } { + (5) + } Nothing in this section shall be
construed to affect or diminish the powers of the Governor during
a state of emergency declared under ORS 401.055. The provisions
of ORS
{ - 401.015 to 401.107, 401.115 and 401.125 to 401.145 - }
{ + 401.065 to 401.085 + } supersede the provisions of an
ordinance or resolution authorized by this section when the
Governor declares a state of emergency within any area in which
such an ordinance or resolution applies.
' { - (5) As used in this section, 'emergency' has the meaning
given that term in ORS 401.025. - } '.
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