2024-112-Resolution No. 2024-014 Recorded 5/3/2024REVIEWED
LEGAL COUNSEL
Recorded in Deschutes County CJ2024-112
Steve Dennison, County Clerk
Commissioners' JOUrnal 05/03/2024 9:45:04 AM
2024-112
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Adopting Immunity from Liability
Provided in ORS 105.668, as Amended by SB * RESOLUTION NO. 2024-014
1576 (2024)
WHEREAS, the 2024 Oregon Legislature enacted SB 1576 during its regular session; and
WHEREAS, as amended by SB 1576, ORS 105.668(3) authorizes a county with a population of less
than 500,000 people to opt -in to the immunities identified in ORS 105.668(2); and
WHEREAS, Deschutes County desires to opt -in to the immunities identified in ORS 105.668; now
therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON as follows:
Section 1. Immunity. Pursuant to ORS 105.668(3)(a) and (b), on behalf of the County, its elected
officials, officers, employees and agents, Deschutes County hereby opts -in to the immunity from liability for
injury or property damage arising from the use of trails or structures in public easements and/or unimproved
rights of way and other public property located within Deschutes County as provided in ORS 105.668 as
amended by SB 1576 (2024).
Section 2. Extended Immunity. Pursuant to ORS 105.668(3)(c) and (d), Deschutes County further
opts to extend the immunity adopted in Section 1 of this Resolution to:
a. The owner(s) of land abutting public easements and unimproved right of ways and other
public property located within unincorporated Deschutes County; and
b. Any nonprofit entity and its volunteers for the construction and maintenance of trials or
structures in a public easement, unimproved right of way, or other public property located
within unincorporated Deschutes County.
PAGE 1 OF 2 — RESOLUTION NO.2024-014
Section 3. Effective Date. This Resolution shall take effect immediately from and after its adoption.
Dated this of ,/V 1 2024
ATTEST: t
WC, M"O+W
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
t 9
PATTI ADAIR, Chair
A THONY DeBONE, Vice Chair
PHIL CHANG, Coflimissioner
PAGE 2 of 2 — RESOLUTION NO.2024-014
ES CO
O 4
MEETING DATE: May 1, 2024
SUBJECT: Approval of Resolution No. 2024-014, adopting recreational immunity as
provided by ORS and SB 1576 (2024).
RECOMMENDED ACTION:
Board adoption of Resolution No. 2024-014
BACKGROUND AND POLICY IMPLICATIONS:
Recent court decisions have greatly limited recreational immunity from civil lawsuits that
public entities in Oregon have relied upon. In the 2024 session, the Legislature enacted SB
1576 which reinstitutes historic recreational immunity through January 2, 2026. In order to
avail itself of the immunity protection, the County must adopt a Resolution.
BUDGET IMPACTS:
Unknown
ATTENDANCE:
Legal