75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
SA to A-Eng. HB 3021 (A to RC)
LC 2339/HB 3021-A15
SENATE AMENDMENTS TO
A-ENGROSSED HOUSE BILL 3021
(INCLUDING AMENDMENTS TO RESOLVE CONFLICTS)
By COMMITTEE ON JUDICIARY
June 8
On page 1 of the printed A-engrossed bill, line 2, delete '
30.270,'.
In line 5, after '480.347' insert ', 656.031' and before the
semicolon insert 'and section 2, chapter 67, Oregon Laws 2009
(Enrolled Senate Bill 311)'.
On page 4, delete lines 40 through 45 and insert:
' { + SECTION 14. + } Workers' compensation coverage. (1) Any
county in which a qualified search and rescue volunteer performs
search and rescue activities under the direction of the sheriff
of the county or the designee of the sheriff is conclusively
deemed to have filed an election under ORS 656.031 to provide
workers' compensation coverage for the qualified search and
rescue volunteer.
' (2) An insurer or self-insured employer may fix assumed wage
rates for qualified search and rescue volunteers, which may be
used only for purposes of computations under ORS chapter 656, and
shall require the regular payment of premiums or assessments
based on the hours of service by qualified search and rescue
volunteers. A self-insured employer shall submit the assumed wage
rates to the Director of the Department of Consumer and Business
Services. If the director finds that the rates are unreasonable,
the director may fix appropriate rates to be used for purposes of
this section.
' (3) A county that is a self-insured employer under ORS
chapter 656 may apply to an insurer for workers' compensation
coverage for qualified search and rescue volunteers only, while
continuing to self-insure the other subject workers of the
county. If an insurer decides not to provide workers'
compensation coverage for qualified search and rescue volunteers
of the county, coverage shall be provided through the assigned
risk pool.'.
On page 5, delete line 1.
In line 2, delete '(3)' and insert '(4)'.
After line 5, insert:
' { + SECTION 14a. + } ORS 656.031 is amended to read:
' 656.031. (1) { + Except as provided in section 14 of this
2009 Act, + } all municipal personnel, other than those employed
full-time, part-time, or substitutes therefor, shall, for the
purpose of this chapter, be known as volunteer personnel and
shall not be considered as workers unless the municipality has
filed the election provided by this section.
' (2) The county, city or other municipality utilizing
volunteer personnel as specified in subsection (1) of this
section may elect to have such personnel considered as subject
workers for purposes of this chapter. Such election shall be made
by filing a written application to the insurer, or in the case of
a self-insured employer, the Director of the Department of
Consumer and Business Services, that includes a resolution of the
governing body declaring its intent to cover volunteer personnel
as provided in subsection (1) of this section and a description
of the work to be performed by such personnel. The application
shall also state the estimated total number of volunteer
personnel on a roster for each separate category for which
coverage is elected. The county, city or other municipality shall
notify the insurer, or in the case of self-insurers, the
director, of changes in the estimated total number of volunteers.
' (3) Upon receiving the written application the insurer or
self-insured employer may fix assumed wage rates for the
volunteer personnel, which may be used only for purposes of
computations under this chapter, and shall require the regular
payment of premiums or assessments based upon the estimated total
numbers of such volunteers carried on the roster for each
category being covered. The self-insured employer shall submit
such assumed wage rates to the director. If the director finds
that the rates are unreasonable, the director may fix appropriate
rates to be used for purposes of this section.
' (4) The county, city or municipality shall maintain separate
official membership rosters for each category of volunteers. A
certified copy of the official membership roster shall be
furnished the insurer or director upon request. Persons covered
under this section are entitled to the benefits of this chapter
and they are entitled to such benefits if injured as provided in
ORS 656.202 while performing any duties arising out of and in the
course of their employment as volunteer personnel, if the duties
being performed are among those:
' (a) Described on the application of the county, city or
municipality; and
' (b) Required of similar full-time paid employees.
' (5) The filing of claims for benefits under this section is
the exclusive remedy of a volunteer or a beneficiary of the
volunteer for injuries compensable under this chapter against the
state, its political subdivisions, their officers, employees, or
any employer, regardless of negligence.'.
Delete lines 9 through 38 and insert:
' { + SECTION 15. + } Section 2, chapter 67, Oregon Laws 2009
(Enrolled Senate Bill 311), is amended to read:
' { + Sec. 2. + }(1) Punitive damages may not be awarded on
any claim subject to ORS 30.260 to 30.300.
' (2) Claims subject to ORS 30.260 to 30.300 are not subject to
the limitation imposed by ORS 31.710.
' (3) A court may not apply the limitations imposed on recovery
under sections 3, 4 and 5 { + , chapter 67, Oregon Laws 2009
(Enrolled Senate Bill 311), + } { - of this 2009 Act - } until
after the entry of a verdict or a stipulation by the parties to
the amount of the damages.
' (4) The limitations imposed under sections 3 (2) and 4
(2) { + , chapter 67, Oregon Laws 2009 (Enrolled Senate Bill
311), + } { - of this 2009 Act - } on single claimants include
damages claimed for loss of services or loss of support arising
out of the same tort.
' (5) If two or more claimants recover on a claim that arises
out of a single accident or occurrence, and the recovery is
subject to a limitation imposed by section 3 (3), 4 (3) or 5
(2)(b) { + , chapter 67, Oregon Laws 2009 (Enrolled Senate Bill
311) + }
{ - of this 2009 Act - } , any party to the action in which the
claim is made may apply to the court to apportion to each
claimant the proper share of the amount allowed by section 3 (3),
4 (3) or 5 (2)(b) { + , chapter 67, Oregon Laws 2009 (Enrolled
Senate Bill 311) + }
{ - of this 2009 Act - } . The share apportioned to each
claimant shall be in the proportion that the ratio of the award
or settlement made to the claimant bears to the aggregate awards
and settlements for all claims arising out of the accident or
occurrence.
' (6) Liability of any public body and one or more of its
officers, employees or agents, or two or more officers, employees
or agents of a public body, on claims arising out of a single
accident or occurrence, may not exceed in the aggregate the
amounts allowed by sections 3, 4 and 5 { + , chapter 67, Oregon
Laws 2009 (Enrolled Senate Bill 311) + } { - of this 2009
Act - } .
' (7) Sections 3, 4 and 5 { + , chapter 67, Oregon Laws 2009
(Enrolled Senate Bill 311), + } { - of this 2009 Act - } do
not apply to a claim arising in connection with a nuclear
incident covered by an insurance or indemnity agreement under 42
U.S.C. 2210.
' { + (8) For the purposes of the limitations imposed by
sections 3, 4 and 5, chapter 67, Oregon Laws 2009 (Enrolled
Senate Bill 311), events giving rise to a proclamation of a state
of emergency under ORS 401.055, or a proclamation of a public
health emergency under ORS 433.441, do not constitute a single
accident or occurrence. + } ' .
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