Chapter 278 — Chapter 278

ORS 278.005 Definitions. As used in this chapter, unless the context requires otherwise

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ORS 278.010 [Repealed by 1953 c.581 §11]

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ORS 278.011 State agencies to supply information on property; appraised value determined. At times determined by the Oregon Department of Administrative Services, each state agency shall supply such information regarding its property, personal and real, and its personnel, budget and activities as the department shall require for risk control, insurance and claims purposes. The appraised value of the property shall be established by the department on the basis of present day replacement costs excluding the value of land. [1953 c.581 §9; 1957 c.385 §1; 1961 c.448 §3; 1965 c.140 §1; 1969 c.670 §5; 1981 c.109 §7; 1991 c.566 §1]

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ORS 278.020 [Amended by 1953 c.581 §11; 1961 c.448 §4; 1963 c.634 §4; 1967 c.262 §1; 1969 c.670 §1; 1975 c.609 §10; 1981 c.109 §8; 1982 s.s.1 c.28 §1; 1985 c.731 §8; repealed by 1991 c.566 §14]

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ORS 278.022 Coverage of vessels. In addition to any other coverage under this chapter, if a vessel which is the personal property of an agency or if property on any other vessel is damaged or destroyed as a direct result of collision with another vessel, striking any object, whether submerged or not, sinking, grounding, stranding, or other perils of the sea, the Oregon Department of Administrative Services shall pay the cost of restoring the vessel or property out of the Insurance Fund in an amount not to exceed the appraised value established pursuant to this chapter. If an agency’s vessel becomes disabled at sea for any reason, the department shall reimburse the agency from the Insurance Fund for the cost of towing the vessel to the nearest port where repairs can be accomplished. [1961 c.448 §11; 1965 c.140 §2; 1969 c.670 §6; 1975 c.609 §22; 1982 s.s.1 c.28 §2; 1985 c.731 §9; 1991 c.566 §2]

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ORS 278.025 [1953 c.581 §5; 1969 c.670 §7; 1975 c.609 §23; repealed by 1985 c.731 §32]

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ORS 278.030 [Amended by 1981 c.109 §9; 1982 s.s.1 c.28 §3; repealed by 1985 c.731 §32]

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ORS 278.035 [1961 c.448 §§6,7; 1969 c.670 §8; 1975 c.609 §24; repealed by 1985 c.731 §32]

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ORS 278.040 [Amended by 1961 c.448 §8; repealed by 1985 c.731 §32]

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ORS 278.043 [1969 c.670 §3; 1982 s.s.1 c.28 §4; repealed by 1985 c.731 §32]

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ORS 278.047 [1969 c.670 §4; 1982 s.s.1 c.28 §5; repealed by 1985 c.731 §32]

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ORS 278.050 Restoring lost, damaged or destroyed property; exceptions; use of fund for other purposes; deductibles. (1) Subject to subsections (2) and (3) of this section, if any property designated in ORS 278.011 is lost, damaged or destroyed by any peril, the Oregon Department of Administrative Services may elect to cover by rule or policy, but excluding any loss from mysterious disappearance, lack of maintenance or inherent vice, the department shall pay the cost of restoring the property out of the Insurance Fund in an amount not to exceed the appraised value established pursuant to ORS 278.011

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ORS 278.052 Right of action against person responsible for loss; investigations. (1) If a payment is made out of the Insurance Fund to or for a state agency for any loss covered by the Insurance Fund, the Oregon Department of Administrative Services is subrogated, to the extent of the payment, to the rights of the state agency against any person or other entity legally responsible in damages for the loss. The department may commence an appropriate action in any court, in the name of the state, to enforce the rights. Any amounts recovered as a result of the proceeding shall be paid into the State Treasury and credited to the Insurance Fund

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ORS 278.054 [1953 c.581 §6; repealed by 1975 c.605 §33]

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ORS 278.056 [1953 c.581 §7; repealed by 1975 c.605 §33]

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ORS 278.060 [Amended by 1961 c.448 §13; 1981 c.109 §11; repealed by 1985 c.731 §32]

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ORS 278.070 [Amended by 1961 c.448 §14; repealed by 1985 c.731 §32]

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ORS 278.075 State agencies to supply information on media property; scope of coverage. (1) At times determined by the Oregon Department of Administrative Services, each state agency owning, leasing, controlling or possessing media shall supply such information as the department may require regarding the agency’s media. The appraised value of the media shall be established on the basis of present-day replacement costs or restoration to operational condition

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ORS 278.080 [Amended by 1953 c.581 §11; repealed by 1959 c.12 §1]

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ORS 278.085 [1953 c.581 §1; 1957 c.385 §3; 1961 c.448 §15; 1969 c.670 §10; repealed by 1985 c.731 §32]

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ORS 278.090 [Amended by 1955 c.288 §1; 1959 c.662 §18; repealed by 1975 c.609 §25]

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ORS 278.100 [1975 c.609 §2; 1977 c.428 §3; 1981 c.109 §12; 1981 c.490 §1; 1981 c.913 §1; repealed by 1985 c.731 §32]

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ORS 278.105 [1975 c.609 §3; repealed by 1985 c.731 §32]

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ORS 278.110 [1975 c.609 §4; 1981 c.109 §13; repealed by 1985 c.731 §32]

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ORS 278.115 [1975 c.609 §5; 1981 c.109 §14; 1985 c.731 §13; repealed by 1991 c.566 §14]

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ORS 278.120 Claims management; defense; authority of Attorney General; payment of judgment or settlement; rules. (1) Without in any way limiting who may receive actual notice of a claim under ORS 30.275 (6), the Oregon Department of Administrative Services has exclusive authority to manage claims against the state, and against the officers, employees and agents of the state, that arise under the provisions of ORS 30.260 to 30.300. The department may delegate, by rule or by policy, claim management functions for claims arising under the provisions of ORS 30.260 to 30.300, including investigation, negotiation and settlement, to the Attorney General. The department may delegate, by rule or by policy, claim management for certain kinds of claims against an agency to the agency’s elected or appointed head. Upon receipt by the department of a claim for damages against the State of Oregon or a state officer, employee or agent within the scope of ORS 30.260 to 30.300, if the claim is covered by insurance, the department shall tender defense of the claim to the insurer, and if such tender is accepted, ORS chapter 180 and the remaining provisions of this section shall not be applicable. If the claim is not covered by insurance or if the tender is rejected, the department shall cause an investigation to be conducted to determine whether the claim is meritorious and comes within the provisions of ORS 30.260 to 30.300. The Attorney General may conduct the investigation if requested by the department. If the department determines that the state or a state officer, agent or employee is or may be liable to the claimant under ORS 30.260 to 30.300, the department may negotiate, compromise and settle with the claimant. However, the department shall not compromise or settle a claim for declaratory, injunctive or other protective relief against a state department or agency that is headed by an elected official, its officers, employees or agents, or that elected official, without the express prior consent of the elected official. The Attorney General shall defend all lawsuits after the department has determined that a reasonable settlement cannot be achieved. The department shall pay from the Special Liability Revolving Fund authorized in ORS 278.150 or the Insurance Fund the amount of any judgment, and, if the department determines such action to be appropriate, the amount of any settlement unless the defense of the claim has been rejected pursuant to ORS 30.285 (5) or the Attorney General determines, in consultation with the department, that the act or omission of a state officer, employee or agent out of which the claim arose was committed maliciously or with an intent to cause unlawful damage or injury or with gross recklessness

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ORS 278.125 Purchase of insurance; payment of premium; legislative approval of self-insurance plan. (1) The Oregon Department of Administrative Services is authorized to negotiate for and purchase such insurance as the department deems necessary or desirable to accomplish the purposes of this chapter and ORS 30.260 to 30.300 and 278.322, or such other insurance or reinsurance as may be desirable to insure the state, participating local public bodies or their officers, employees or agents against liability

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ORS 278.130 Employment of staff assistance; payment for services by Attorney General. The Oregon Department of Administrative Services may employ such professional services and other personnel deemed necessary, other than defense counsel, to carry out the administration of this chapter and ORS 30.260 to 30.290 and 278.322. The Attorney General may employ defense counsel and shall charge the department for the cost of the services of the defense counsel and the Attorney General required under these statutes, and such costs and the costs incurred by the department in the administration of these statutes shall be paid out of the Insurance Fund. [1975 c.609 §8; 1981 c.109 §18; 1985 c.731 §16; 1993 c.500 §27]

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ORS 278.135 [1975 c.609 §9; repealed by 1985 c.731 §32]

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ORS 278.140 [1979 c.669 §3; repealed by 1981 c.109 §24]

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ORS 278.145 [1981 c.109 §21; repealed by 1985 c.731 §32]

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ORS 278.150 Special Liability Revolving Fund; accounting for moneys disbursed. (1) The Oregon Department of Administrative Services may draw a warrant on the State Treasury for the sum of $75,000 payable out of the Insurance Fund. The amount drawn shall be credited to a Special Liability Revolving Fund which shall be carried with the State Treasury, separate and distinct from the General Fund, and shall be used by the department when it is necessary or desirable to make immediate payments on liability claims. Interest earned by the fund shall be credited to the fund

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ORS 278.200 “Motor vehicle” defined for ORS 278.205 and 278.322. As used in ORS 278.205 and 278.322, “motor vehicles” includes commercial buses, as defined in ORS 801.200. [1979 c.842 §5; 1983 c.338 §905; 1985 c.16 §454; 1987 c.158 §37]

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ORS 278.205 Certificates of insurance; coverage; personal injury protection benefits; rules. (1) The Oregon Department of Administrative Services may issue a certificate of motor vehicle liability insurance and make assessments therefor

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ORS 278.210 State has rights and duties of insurer. The state shall have all of the rights and obligations of an insurer provided in ORS 742.500 to 742.542 and 742.560 to 742.572 as to any certificate issued pursuant to ORS 278.205. [1979 c.842 §3]

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ORS 278.215 Uninsured motorist coverage requirements. (1) Any insurance or self-insurance provided by moneys from the Insurance Fund for or on account of the operation of motor vehicles within the state’s or public body’s control, shall provide the uninsured motorist coverage required under ORS 742.500 to 742.504 and, except as specified in ORS 278.205, may provide the personal injury protection benefits required under ORS 742.518 to 742.542

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ORS 278.305 [1983 c.431 §1; 1985 c.731 §24; repealed by 1995 c.162 §94]

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ORS 278.315 Liability insurance for county or private community care providers. (1) The Oregon Health Authority may provide tort liability coverage through the Oregon Department of Administrative Services to any county or private community care provider that has contracted with the authority to provide supervision, care, treatment or training of persons under the jurisdiction of the Psychiatric Security Review Board under ORS 161.315 to 161.351. Counties or private community care providers, and the officers and employees of those counties and providers acting within the scope of their employment, may be covered to the extent that any tort claim arises out of the provision of supervision, care, treatment or training of persons pursuant to the terms of the contract. Tort liability coverage under this section must be in writing, and may be part of the contract between the authority and the county or private community care provider. The coverage provided under this section shall be self-insurance by the State of Oregon to the limits contained in ORS 30.260 to 30.300

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ORS 278.320 Application of government tort law to claims against private community care providers; liability for damages in excess of coverage. ORS 30.260 to 30.300 do not apply to claims against private community care providers by reason of the provision of tort liability coverage to those providers pursuant to ORS 278.315. Private community care providers provided tort liability coverage under ORS 278.315 remain liable for any damages in excess of the coverage provided under ORS 278.315. [1993 c.43 §3]

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ORS 278.322 Child care facility liability insurance coverage. (1) The following child care facilities may obtain insurance in the same manner as a local public body may obtain insurance under ORS 30.282

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ORS 278.405 Department to manage risk management and insurance programs; rules. The Oregon Department of Administrative Services shall direct and manage all risk management and insurance programs of state government except for employee benefit insurance programs as otherwise provided in ORS chapter 243. Authority granted the department in this section includes but is not limited to the following authority

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ORS 278.415 Department authorization of agency insurance purchases; exceptions. (1) A state agency may not purchase insurance except as authorized by the Oregon Department of Administrative Services and in accordance with the terms, conditions and procurement methods as may be established by the department, except for the transaction of workers’ compensation insurance and reinsurance business by the State Accident Insurance Fund Corporation

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ORS 278.425 Insurance Fund; uses. (1) There is established an Insurance Fund as a separate fund in the State Treasury, separate and distinct from the General Fund, which shall be used to provide insurance and self-insurance for the State of Oregon under this chapter, and for participating local public bodies under ORS 30.282 and 278.125 to 278.215. The moneys in the Insurance Fund may be invested as provided in ORS 293.701 to 293.857 in “investment funds” as defined in ORS 293.701 which includes the Insurance Fund. Interest earned by the fund shall be credited to the fund

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ORS 278.435 Fund to operate on actuarially sound basis; apportionment; assessment; advances; repayment. (1) It is the intent of the Legislative Assembly that the individual components of the Insurance Fund, as well as the total fund, operate on an actuarially sound basis and that the assessments and charges shall reflect this policy

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ORS 278.440 Report on financial condition of Insurance Fund; report contents; recommendations; contracting power. (1) Not later than January 31 of each even-numbered year, the Oregon Department of Administrative Services shall research, compile, prepare and deliver to the Legislative Assembly in accordance with ORS 192.245 a report on the financial condition and stability of the Insurance Fund established under ORS 278.425. The report, at a minimum, must examine and provide

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ORS 278.990 [Repealed by 1975 c.609 §25]

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