Item 3: Ratification of IGR Actions

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SB 0305 Relating Clause: Relating to Oregon Tort Claims Act. Title: Allows public body to enter into agreement with agent that provides that agent waives right to indemnification under Oregon Tort Claims Act if agreement also requires that agent have insurance coverage equal to limitations imposed on recoveries under Oregon Tort Claims Act. Provides that if public body has entered into such agreement, liability of public body for claim arising out of agent's tort is reduced to extent that claim is payable from insurance available to agent. Sponsored by: Senate Interim Committee on Judiciary for Oregon Tort Claims Task Force URL:http://www.leg.state.or.us/09reg/measpdf/sb0300.dir/sb0305.intro.pdf RespondentDept Updated Priority Policy Poli Numb Recommendation Contact Jeff Perry CS-FIN 1/28/2009 Pri 2 Monitor Comments: In agreement with Myrnie and Jerry... ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Jerome Lidz ATTORNEY 1/27/2009 Pri 2 No No Monitor Comments: This bill would allow the City to enter into an agreement with an agent that waives the agent's right to indemnification otherwise required by statute, but only if the agent carries insurance comparable to the Tort Claims Act coverage. The concept is fine, but it would be a significant burden for the City to enforce the insurance requirement with every contractor that might be deemed an agent of the City. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Myrnie Daut Myrnie Daut CS-HRRS 1/21/2009 Pri 2 No No Monitor Comments: We think agents should be able to waive defense & indemnification but that it should not be tied to any insurance requirements. SB 0310 Relating Clause: Relating to deoxyribonucleic acid; declaring an emergency. Title: Requires custodian to preserve biological evidence related to criminal activity until certain conditions are met. Provides that court may impose sanctions or order other remedies for unauthorized destruction. Creates Task Force on DNA Retention to devise standards for collection of biological evidence. Sunsets task force on January 2, 2012. Declares emergency, effective on passage. Sponsored by: Senate Interim Committee on Judiciary for American Civil Liberties Union URL:http://www.leg.state.or.us/09reg/measpdf/sb0300.dir/sb0310.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation E. Cushman E. Cushman EPD-ADM 2/2/2009 Pri 2 Yes YesV. C1 Oppose Comments: Although this bill sounds good in concept, its passage would result in a very significant additional expense to EPD, as well as all other Oregon law enforcement agencies. With projections based on the current percentage of evidence which would qualify as DNA evidence, should this bill become law, it would probably require triple our current square footage of storage and staff requirements within five years, including freezers, refrigerators and general vault type storage secure from pests, flooding, and temperature extremes. We would most likely require several walk-in freezers and refrigerators to be 15