ORS 401.364¹
Coverage under Oregon Tort Claims Act

(1) A qualified emergency service volunteer is an agent of a public body under ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) 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 this chapter, or during a state of public health emergency proclaimed under ORS 433.441 (Proclamation of public health emergency); 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 (Public body shall indemnify public officers) for any tort claim arising out of an act or omission described in subsection (1) of this section. [2009 c.718 §4]

Chapter 401

Law Review Cita­tions

54 OLR 677 (1975)

1 Legislative Counsel Committee, CHAPTER 401—Emergency Management and Services, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors401.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 401, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano401.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information