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City of Salem v. Salisbury5/31/2000
bcommittee 3, SB 245, June 14, 1979, Tape 88, Side 1.
Representative Mason asked if, "by definition, the uninsured motorist will always be the non-government driver." Id. (emphasis added). Dory, perhaps misunderstanding the question to be about the recipient of the uninsured motorist coverage, replied: "Yes, it would be the passenger." Mason questioned, "of the government vehicle?" and Dory responded, "yes, of the government vehicle * * * the driver could be if he were a volunteer and not have insurance and driving a government vehicle." Id. Representative Lombard stated "that was going to be my question. What was the need for UM and PIP coverage when it would seem in the first place that in most instances, state employees driving state vehicles are going to be covered for the type of things * * * under the state medical plan?" Id. Elgin explained that the state found itself lacking insurance coverage for certain kinds of state activities and gave the example of vehicles owned by the state but driven by volunteers who were not insured. He said that the department's impetus for sponsoring the bill was to obtain coverage for vehicles driven in different kinds of volunteer programs but that, as the bill progressed through the Senate Judiciary Committee, "other loopholes in the law" were cleaned up by amendments. Id. However, to the extent that the discussion in the House Judiciary Subcommittee could be understood to demonstrate an understanding that only nonemployees would be eligible for uninsured motorist benefits, the House made no changes in the proposed bill that came from the Senate that would reflect that understanding. Eventually, the bill with sections 2 and 4 intact was passed out of the committee, enacted by the legislature and signed by the governor.
In summary, there has never been language in the uninsured motorist statutes that prevented injured individuals from obtaining benefits based on their status as employees. Rather, ORS 742.504 and its predecessor statutes excluded certain types of motor vehicles from the coverage requirement. The exclusions applied when workers' compensation benefits were provided to the operators. When the legislature considered what is now ORS 278.200 through 278.215 in 1979 and amended ORS 742.500 through 742.504 to eliminate certain of the motor vehicle exclusions, every indication is that it intended to expand uninsured motorist coverage to cover those injured in public vehicles, regardless of their employment status. The discussion in the Senate Judiciary Committee specifically raised the issue of whether a public body employee could recover both uninsured motorist benefits and workers' compensation benefits. Although ORS 656.018 was never specifically mentioned, so far as we can ascertain, the legislature is deemed to have existing statutes in mind when it enacts new legislation. Owens v. Maass, 323 Or 430, 438, 918 P2d 808 (1996).
Thus we have considered the text, context and the legislative history of ORS 278.215 and its relationship with statutes regarding uninsured motorist coverage. We conclude that the most plausible understanding of the statutes supports defendants' contention that the 1979 legislature did not intend that ORS 656.018 bar employees of public bodies from recovering uninsured motorist coverage under ORS 278.215. Accordingly, the trial court erred in granting summary judgment to the city on its first claim.
Reversed and remanded with instructions to dismiss claims for declaratory relief as to issues involving collective bargaining agreement and for further proceedings not inconsistent with this opinion.
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