75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1947
 
                         Senate Bill 302
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Judiciary for Oregon Tort Claims Task Force)
 
 
                             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.
 
  Provides that if state agency contracts with another public
body for performance of functions that would otherwise be
performed by state agency, other public body is agent of state
agency for purposes of Oregon Tort Claims Act. Provides that
contract may provide that other public body waives right to
indemnification under Oregon Tort Claims Act if contract also
requires that other public body have insurance coverage equal to
limitations imposed on recoveries for state agency under Oregon
Tort Claims Act.
 
                        A BILL FOR AN ACT
Relating to Oregon Tort Claims Act.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2009 Act is added to and made
a part of ORS 30.260 to 30.300. + }
  SECTION 2.  { + (1) If a state agency contracts with another
public body for the performance of functions that would otherwise
be performed by the state agency, the other public body is an
agent of the state agency for the purposes of ORS 30.260 to
30.300, and any tort committed by officers, employees or agents
of the other public body in performing those functions is subject
to the limitations applicable to claims against the state under
ORS 30.260 to 30.300.
  (2) A contract described in subsection (1) of this section may
provide that the other public body waives any right to
indemnification under ORS 30.260 to 30.300 if the contract also
requires that the other public body have insurance coverage equal
to the limitations imposed on recoveries for the state agency
under ORS 30.260 to 30.300. If the contract contains a provision
as described in this subsection, the liability of the state
agency for a claim arising out of a tort of the other public body
is reduced to the extent that the claim is payable from insurance
available to the other public body. + }
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