2007 Oregon Code - Chapter 401 :: Chapter 401 - Emergency Services and Communications
Chapter 401
Emergency Services and Communications
2007 EDITION
EMERGENCY SERVICES AND COMMUNICATIONS
MILITARY AFFAIRS; EMERGENCY SERVICES
EMERGENCY MANAGEMENT AND SERVICES
(Generally)
401.015 Statement
of policy and purpose
401.025 Definitions
401.035 Responsibility
for emergency services systems
401.039 Seizure
of firearms during state of emergency
401.041 Short
title
401.043 Emergency
Management Assistance Compact
(Powers of Governor)
401.055 Declaration
of state of emergency; procedures
401.065 Police
powers during state of emergency; suspension of agency rules
401.074 Providing
temporary housing during emergency
401.085 Management
of resources during emergency; rules
401.095 Effect
of rules and orders during emergency; scope; effect; termination
401.105 Termination
of state of emergency
401.106 Legislative
findings
401.107 Abnormal
disruption of market
401.108 Applicability
of remedies
401.115 Additional
powers during emergency
401.125 Authority
concerning federal financial assistance to political subdivision
401.135 Authority
concerning federal financial assistance to individuals or families
401.145 Authority
over removal of disaster debris or wreckage; unconditional authorization of
community; liability for injury or damage
401.155 Rules
to carry out ORS 401.125 to 401.145 and 401.335
(Office of Emergency Management)
401.257 Responsibilities
of Office of Emergency Management
401.259 Agency
liaison with Office of Emergency Management
401.261 Office
of Emergency Management; appointment of director
401.263 Appointment
of deputy director
401.265 Rules
401.267 Advisory
and technical committees
401.269 Interagency
agreements
401.270 Duties
of director; rules
401.271 Legislative
findings
401.272 Animal
emergency operations plan
401.273 Rescue
of companion animal
401.274 Livestock
emergency operations plan
401.275 System
for notification of emergencies; emergency management coordinators; rules
401.280 Federal
grants for emergency management and services; authority of office
(2-1-1 Telecommunications System)
401.282 Legislative
findings
401.284 Definitions
for ORS 401.284 to 401.296
401.286 Public
referral and information telephone number
401.288 Contract
for 2-1-1 system facilitator
401.290 Approval
of 2-1-1 service providers
401.292 Use
of 2-1-1 system by state agencies providing health and human services
401.294 Contributions
to support establishment of 2-1-1 system; use of contributions
401.296 2-1-1
Account
(Seismic Rehabilitation)
401.300 Grant
program for seismic rehabilitation of certain facilities
(Powers of Local Governments)
401.305 Emergency
management agency of city or county; emergency program manager; coordination of
emergency management functions
401.309 Declaration
of state of emergency by local government; procedures; mandatory evacuations
401.315 City
or county authorized to incur obligations for emergency services; county
determination of emergency
401.325 Emergency
management agency appropriation; tax levy
401.335 Temporary
housing for disaster victims; political subdivisions authority
(Seismic Safety)
401.337 Seismic
Safety Policy Advisory Commission; members; term
401.343
401.345 Officers;
quorum; meetings; compensation and expenses
401.347 Support
services
401.353 Advisory
and technical committees; expense reimbursement
(Emergency Service Workers)
401.355 Eligibility
of emergency service worker for benefits for injury sustained in emergency
service
401.365 Registration
and qualification of emergency management agencies
401.375 Emergency
service defined; service not in violation of child labor laws
401.385 Record
of enrollment of emergency service workers
401.395 Benefits
for injury sustained in emergency service
401.405 Benefits
not assignable; exempt from execution, attachment and garnishment
401.415 Benefits
as exclusive remedy
401.425 Claims
for benefits
401.435 Appeal
401.445 Allocation
of necessary funds
401.455 Benefits
limited by availability of funds; priority among claimants
401.465 Obtaining
public or private insurance with available funds
(Miscellaneous)
401.480 Cooperative
assistance agreements
401.485 Leaves
of absence for disaster relief volunteers; requirements; maximum period; effect
on status of employees
401.490 Mutual
use of supplies and services
401.500 Reimbursement
by state for services provided by local government employees
401.505 Acceptance
of aid for emergency services
401.515 Nonliability
for emergency services; exception; emergency service workers as agents of state
or local governments
401.525 Use
of moneys and property for emergency services authorized
401.535 Emergency
Management Revolving Account; source; use
EMERGENCY RESPONSE DRILLS
401.538 State
and local agency emergency response drills
401.543 Private
employer emergency response drills; exemptions
401.546 Conduct
of earthquake emergency drills; rules
SEARCH AND RESCUE
(Generally)
401.550 Search
and Rescue Coordinator; appointment; duties
401.555 Program
for air search and rescue
401.560 Search
and rescue activities; responsibilities of sheriff; delegation of sheriffs
duties
401.570 Restriction
of access to search and rescue area
401.573 County
sheriff to adopt search and rescue plan; contents; annual review
401.576 Critique
of search and rescue incident; filing amended search and rescue plan with
Office of Emergency Management
401.580 Search
and rescue incident number
401.582 Investigative
subpoena
401.584 Leave
of absence from employment for search and rescue volunteer
401.590 Reimbursement
of public body for search and rescue by benefited persons; amount; exceptions
(Equipment and Signaling Devices)
401.605 Definitions
for ORS 401.605 to 401.627
401.615 Assumption
of risk of wilderness travel or mountain climbing; use and effect of signal
devices
401.625 Required
equipment when guiding children above timberline
401.627 Exemption
from liability for electronic signaling device; exceptions
GOVERNORS NONEMERGENCY AUTHORITY TO ASSIGN COUNTY, CITY OR DISTRICT
RESOURCES
401.638 Assignment
by Governor of local resources under direction of State Fire Marshal
401.639 Powers
and duties of local personnel acting under direction of State Fire Marshal
401.641 Liability
for expenses incurred and for loss or damage to local equipment; filing claim
401.643 Liability
for expenses incurred using local personnel
401.645 Immunity
from liability for local personnel acting in line of duty; exception
EMERGENCY HEALTH CARE SERVICES
401.651 Definitions
for ORS 401.651 to 401.670
401.654 Registry
of emergency health care providers
401.657 Emergency
health care facility; emergency operations plan; credentialing plan; rules
401.661 Voluntary
provision of health care services
401.664 Emergency
operations plan; credentialing plans
401.667 Agency
of emergency health care providers and emergency health care facilities for
purposes of ORS 30.260 to 30.300; rules
401.670 Rules
EMERGENCY TELECOMMUNICATIONS SYSTEMS
401.706 Policy;
deployment of broadband telecommunications services
401.710 Definitions
for ORS 305.823 and 401.710 to 401.816
401.715 Exemption
from liability for 9-1-1 providers
401.720 9-1-1
emergency reporting systems mandatory; requirements; 9-1-1 as primary
emergency number; alternate numbers required; enhancement requirements
401.730 Office
of Emergency Management duties and powers; rules
401.735 Minimum
standards for public safety telecommunications personnel; operative date;
training program; rules
401.755 Submission
of revised plan; review; cost estimates; approval of plan
401.765 When
blocking of telephone numbers prohibited; confidential information; exemption
from liability for supplying information to emergency service providers; when
supplying information not required
401.770 Pay
phones to be converted to allow emergency calls without charge
401.773 Use
of 9-1-1 system by users with hearing or speech impairments
401.775 Jurisdictions
to provide disaster recovery plan
401.780 Agreements
among certain safety agencies for rendering emergency services
401.785 Mediation
of disputes; arbitration; costs and fees
401.790 Office
to ensure compliance; proceedings authorized
TAX FOR EMERGENCY COMMUNICATIONS
401.792 Imposition
of tax; rate
401.794 Exemptions
401.796 Duties
of providers
401.798 Returns;
payment of tax; election; rules
401.800 Refunds
401.802 Amounts
collected held in trust; enforcement
401.804 Application
of other laws
401.806 Emergency
Communications Account; subaccounts
401.808 Distribution
of account proceeds; uses; reimbursement request review; reports
401.814 Use
or investment of moneys
401.816 Primary
public safety answering points; rules
EMERGENCY COMMUNICATIONS DISTRICTS
401.818 Definitions
for ORS 401.818 to 401.857
401.821 Formation
of emergency communications district; boundaries; approval of formation by
safety agencies
401.822 Officers
of district; qualifications
401.823 Application
of ORS chapter 255 to district
401.827 Board
as governing body of district; president of board
401.832 Election
of board members at formation election; terms of office
401.833 Changing
number of board members; election; notice to Secretary of State
401.834 Continuing
schedule of biennial elections after change in number of board members
401.836 Manner
of electing board members
401.838 Election
of board members
401.839 Changing
manner of electing board members; requirements; election
401.841 Changing
number and manner of electing board members at same election; separate
questions
401.842 General
district powers
401.844 Authority
to issue general obligation bonds; elector approval required; bond debt limit
401.847 Levy
of taxes
401.852 Boundaries
of zones for board members; adjustment for population and boundary changes;
filing boundary change with county assessor and Department of Revenue
401.857 Advisory
committee; duties and powers; appointment by district board; terms and
qualifications of members
TSUNAMI INUNDATION ZONE
401.861 Definitions
401.863 Uniform
tsunami warning signal; rules
401.864 Contributions
to finance tsunami warning system
STATE INTEROPERABILITY EXECUTIVE COUNCIL
401.871 State
Interoperability Executive Council
401.872 Duties
of council
401.874
401.881
PENALTIES
401.990 Penalties
401.010 [Repealed by 1983 c.586 §49]
EMERGENCY MANAGEMENT AND SERVICES
(Generally)
401.015
Statement of policy and purpose. (1) The general purpose of ORS 401.015 to 401.107, 401.257 to 401.325
and 401.355 to 401.584 is to reduce the vulnerability of the State of
(2) It is declared to be the policy and
intent of the Legislative Assembly that preparations for emergencies and
governmental responsibility for responding to emergencies be placed at the
local government level. The state shall prepare for emergencies, but shall not
assume authority or responsibility for responding to such an event unless the
appropriate response is beyond the capability of the city and county in which
it occurs, the city or county fails to act, or the emergency involves two or
more counties. [1983 c.586 §1]
401.020 [Amended by 1975 c.379 §8; repealed by 1983
c.586 §49]
401.025
Definitions. As used in ORS
190.155 to 190.170, 401.015 to 401.107, 401.257 to 401.325 and 401.355 to
401.584, unless the context requires otherwise:
(1) Abnormal disruption of the market
means any human created or natural event or circumstance that causes essential
consumer goods or services to be not readily available.
(2) Beneficiary has the meaning given
that term in ORS 656.005.
(3) Commission means the Seismic Safety
Policy Advisory Commission established under ORS 401.337.
(4) Emergency means a human created or
natural event or circumstance that causes or threatens widespread:
(a) Loss of life;
(b) Injury to person or property;
(c) Human suffering; or
(d) Financial loss.
(5) Emergency management agency means an
organization created and authorized under ORS 401.015 to 401.107, 401.257 to
401.325 and 401.355 to 401.584 by the state, county or city to provide for and
ensure the conduct and coordination of functions for comprehensive emergency
program management.
(6) Emergency program management
includes all the tasks and activities necessary to provide, support and
maintain the ability of the emergency services system to prevent or reduce the
impact of emergency or disaster conditions which includes, but is not limited
to, coordinating development of plans, procedures, policies, fiscal management,
coordination with nongovernmental agencies and organizations, providing for a
coordinated communications and alert and notification network and a public
information system, personnel training and development and implementation of
exercises to routinely test the emergency services system.
(7) Emergency program manager means the
person administering the emergency management agency of a county or city.
(8) Emergency service agency means an
organization within a local government which performs essential services for
the publics benefit prior to, during or following an emergency. This includes,
but is not limited to, organizational units within local governments, such as
law enforcement, fire control, health, medical and sanitation services, public
works and engineering, public information and communications.
(9) Emergency service worker means an
individual who, under the direction of an emergency service agency or emergency
management agency, performs emergency services and:
(a) Is a registered volunteer or
independently volunteers to serve without compensation and is accepted by the
Office of Emergency Management or the emergency management agency of a county
or city; or
(b) Is a member of the Oregon State
Defense Force acting in support of the emergency services system.
(10) Emergency services includes those
activities provided by state and local government agencies with emergency
operational responsibilities to prepare for and carry out any activity to
prevent, minimize, respond to or recover from an emergency. These activities
include, without limitation, coordination, preparedness planning, training,
interagency liaison, fire fighting, oil or hazardous material spill or release
cleanup as defined in ORS 466.605, law enforcement, medical, health and
sanitation services, engineering and public works, search and rescue
activities, warning and public information, damage assessment, administration
and fiscal management, and those measures defined as civil defense in 50
U.S.C. app. 2252.
(11) Emergency services system means
that system composed of all agencies and organizations involved in the
coordinated delivery of emergency services.
(12) Essential consumer goods or services
means goods or services that:
(a) Are or may be bought or acquired
primarily for personal, family or household purposes, including but not limited
to residential construction materials or labor, shelter for payment such as a
hotel room, food, water or petroleum products such as gasoline or diesel fuel;
and
(b) Are necessary for the health, safety
or welfare of consumers.
(13) Human created or natural event or
circumstance includes, but is not limited to:
(a) Fire, explosion, flood, severe
weather, landslides or mud slides, drought, earthquake, volcanic activity,
tsunamis or other oceanic phenomena, spills or releases of oil or hazardous
material as defined in ORS 466.605, contamination, utility or transportation
emergencies, disease, blight, infestation, civil disturbance, riot, sabotage,
acts of terrorism and war; and
(b) A rapid influx of individuals from
outside this state, a rapid migration of individuals from one part of this
state to another or a rapid displacement of individuals if the influx,
migration or displacement results from the type of event or circumstance
described in paragraph (a) of this subsection.
(14) Injury means any personal injury
sustained by an emergency service worker by accident, disease or infection
arising out of and in the course of emergency services or death resulting
proximately from the performance of emergency services.
(15) Local government means any
governmental entity authorized by the laws of this state.
(16) Major disaster means any event
defined as a major disaster under 42 U.S.C. 5122(2).
(17)
(18) Search and rescue means the acts of
searching for, rescuing or recovering, by means of ground or marine activity,
any person who is lost, injured or killed while out of doors. However, search
and rescue does not include air activity in conflict with the activities
carried out by the Oregon Department of Aviation.
(19) Sheriff means the chief law
enforcement officer of a county. [1983 c.586 §2; 1985 c.733 §21; 1987 c.373 §84;
1989 c.361 §8; 1991 c.418 §1; 1991 c.956 §10; 1993 c.187 §1; 1999 c.935 §29;
2005 c.825 §9; 2007 c.97 §10; 2007 c.223 §5; 2007 c.740 §20]
401.030 [Amended by 1967 c.595 §1; 1969 c.80 §8;
1975 c.379 §9; 1975 c.624 §1; repealed by 1983 c.586 §49]
401.035
Responsibility for emergency services systems. (1) The Governor is responsible for the
emergency services system within the State of
(2) The executive officer or governing
body of each county or city of this state is responsible for the emergency
services system within that jurisdiction.
(3) In carrying out their responsibilities
for emergency services systems, the Governor and the executive officers or
governing bodies of the counties or cities may delegate any administrative or
operative authority vested in them by ORS 401.015 to 401.107, 401.257 to
401.325 and 401.355 to 401.584 and provide for the subdelegation of that
authority. [1983 c.586 §3]
401.039
Seizure of firearms during state of emergency. (1) As used in this section, unit of
government means any department or agency of the federal government, any state
or any agency, office or department of a state, any city, county, district,
commission, authority, entity, port or other public corporation organized and
existing under statutory law or under a voter-approved charter and any
intergovernmental entity created under ORS 190.003 to 190.130, 190.410 to
190.440 or 190.480 to 190.490.
(2) Notwithstanding ORS 401.065, 401.085,
401.095 and 401.115, during a state of emergency declared under ORS 401.055, a
unit of government may not seize a firearm from an individual who lawfully
possesses the firearm.
(3) If a unit of government seizes a
firearm from an individual during a state of emergency in violation of this
section, the individual may recover from the unit of government that seized the
firearm all costs incurred in the recovery of the firearm, including attorney
fees, court costs and any other costs incurred in the recovery of the firearm. [2007
c.740 §19]
401.040 [Amended by 1963 c.528 §1; 1967 c.419 §33;
1969 c.80 §9; 1975 c.379 §10; 1975 c.624 §2; 1981 c.615 §4; repealed by 1983
c.586 §49]
401.041
Short title. ORS 401.043 may
be cited as the Emergency Management Assistance Compact. [2002 s.s.1 c.7 §1]
Note: 401.041 and 401.043 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
401 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
401.043
Emergency Management Assistance Compact. The Governor shall participate on behalf of the State of
______________________________________________________________________________
EMERGENCY MANAGEMENT
ASSISTANCE COMPACT
Article I - Purposes and Authorities
This compact is made and entered into by
and between the participating member states which enact this compact,
hereinafter called party states. For the purposes of this compact, the term states
is taken to mean the several states, the Commonwealth of Puerto Rico, the
District of Columbia, and all U.S. territorial possessions.
The purpose of this compact is to provide
for mutual assistance between the states entering into this compact in managing
any emergency or disaster that is duly declared by the Governor of the affected
state(s), whether arising from natural disaster, technological hazard, man-made
disaster, civil emergency aspects of resources shortages, community disorders,
insurgency, or enemy attack.
This compact shall also provide for mutual
cooperation in emergency-related exercises, testing, or other training
activities using equipment and personnel simulating performance of any aspect
of the giving and receiving of aid by party states or subdivisions of party
states during emergencies, such actions occurring outside actual declared
emergency periods. Mutual assistance in this compact may include the use of the
states National Guard forces, either in accordance with the National Guard
Mutual Assistance Compact or by mutual agreement between states.
Article II - General Implementation
Each party state entering into this
compact recognizes many emergencies transcend political jurisdictional
boundaries and that intergovernmental coordination is essential in managing
these and other emergencies under this compact. Each state further recognizes
that there will be emergencies which require immediate access and present
procedures to apply outside resources to make a prompt and effective response
to such an emergency. This is because few, if any, individual states have all
the resources they may need in all types of emergencies or the capability of
delivering resources to areas where emergencies exist.
The prompt, full, and effective
utilization of resources of the participating states, including any resources
on hand or available from the Federal Government or any other source, that are
essential to the safety, care, and welfare of the people in the event of any
emergency or disaster declared by a party state, shall be the underlying
principle on which all articles of this compact shall be understood.
On behalf of the Governor of each state
participating in the compact, the legally designated state official who is
assigned responsibility for emergency management will be responsible for
formulation of the appropriate interstate mutual aid plans and procedures necessary
to implement this compact.
Article III -
A. It shall be the responsibility of each
party state to formulate procedural plans and programs for interstate
cooperation in the performance of the responsibilities listed in this article.
In formulating such plans, and in carrying them out, the party states, insofar
as practical, shall:
(1) Review individual state hazards
analyses and, to the extent reasonably possible, determine all those potential
emergencies the party states might jointly suffer, whether due to natural
disaster, technological hazard, man-made disaster, emergency aspects of
resource shortages, civil disorders, insurgency, or enemy attack.
(2) Review party states individual
emergency plans and develop a plan which will determine the mechanism for the
interstate management and provision of assistance concerning any potential
emergency.
(3) Develop interstate procedures to fill
any identified gaps and to resolve any identified inconsistencies or overlaps
in existing or developed plans.
(4) Assist in warning communities adjacent
to or crossing the state boundaries.
(5) Protect and assure uninterrupted
delivery of services, medicines, water, food, energy and fuel, search and
rescue, and critical lifeline equipment, services, and resources, both human
and material.
(6) Inventory and set procedures for the
interstate loan and delivery of human and material resources, together with
procedures for reimbursement or forgiveness.
(7) Provide, to the extent authorized by
law, for temporary suspension of any statutes or ordinances that restrict the
implementation of the above responsibilities.
B. The authorized representative of a
party state may request assistance of another party state by contacting the
authorized representative of that state. The provisions of this compact shall
only apply to requests for assistance made by and to authorized
representatives. Requests may be verbal or in writing. If verbal, the request
shall be confirmed in writing within 30 days of the verbal request. Requests
shall provide the following information:
(1) A description of the emergency service
function for which assistance is needed including, but not limited to, fire
services, law enforcement, emergency medical, transportation, communications,
public works and engineering, building, inspection, planning and information
assistance, mass care, resource support, health and medical services, and
search and rescue.
(2) The amount and type of personnel,
equipment, materials and supplies needed, and a reasonable estimate of the
length of time they will be needed.
(3) The specific place and time for
staging of the assisting partys response and a point of contact at that
location.
C. There shall be frequent consultation
between state officials who have assigned emergency management responsibilities
and other appropriate representatives of the party states with affected
jurisdictions and the United States Government, with free exchange of
information, plans, and resource records relating to emergency capabilities.
Article IV - Limitations
Any party state requested to render mutual
aid or conduct exercises and training for mutual aid shall take such action as
is necessary to provide and make available the resources covered by this
compact in accordance with the terms hereof; provided that it is understood
that the state rendering aid may withhold resources to the extent necessary to
provide reasonable protection for such state. Each party state shall afford to
the emergency forces of any party state, while operating within its state
limits under the terms and conditions of this compact, the same powers except
that of arrest unless specifically authorized by the receiving state, duties,
rights, and privileges as are afforded forces of the state in which they are
performing emergency services. Emergency forces will continue under the command
and control of their regular leaders, but the organizational units will come
under the operational control of the emergency services authorities of the
state receiving assistance. These conditions may be activated, as needed, only
subsequent to a declaration of a state of emergency or disaster by the Governor
of the party state that is to receive assistance or upon commencement of
exercises or training for mutual aid and shall continue so long as the
exercises or training for mutual aid are in progress, the state of emergency or
disaster remains in effect or loaned resources remain in the receiving
state(s), whichever is longer.
Article V - Licenses and Permits
Whenever any person holds a license,
certificate, or other permit issued by any state party to the compact
evidencing the meeting of qualifications for professional, mechanical, or other
skills, and when such assistance is requested by the receiving party state,
such person shall be deemed licensed, certified, or permitted by the state
requesting assistance to render aid involving such skill to meet a declared
emergency or disaster, subject to such limitations and conditions as the
Governor of the requesting state may prescribe by executive order or otherwise.
Article VI - Liability
Officers or employees of a party state
rendering aid in another state pursuant to this compact shall be considered
agents of the requesting state for tort liability and immunity purposes. No
party state or its officers or employees rendering aid in another state
pursuant to this compact shall be liable on account of any act or omission in
good faith on the part of such forces while so engaged or on account of the
maintenance or use of any equipment or supplies in connection therewith. Good
faith in this article shall not include willful misconduct, gross negligence,
or recklessness.
Article VII - Supplementary Agreements
Inasmuch as it is probable that the
pattern and detail of the machinery for mutual aid among two or more states may
differ from that among the states that are party hereto, this compact contains
elements of a broad base common to all states, and nothing herein shall
preclude any state from entering into supplementary agreements with another
state or affect any other agreements already in force between states.
Supplementary agreements may comprehend, but shall not be limited to,
provisions for evacuation and reception of injured and other persons and the
exchange of medical, fire, police, public utility, reconnaissance, welfare,
transportation and communications personnel, and equipment and supplies.
Article VIII - Compensation
Each party state shall provide for the
payment of compensation and death benefits to injured members of the emergency
forces of that state and representatives of deceased members of such forces in
case such members sustain injuries or are killed while rendering aid pursuant
to this compact, in the same manner and on the same terms as if the injury or
death were sustained within their own state.
Article IX - Reimbursement
Any party state rendering aid in another
state pursuant to this compact shall be reimbursed by the party state receiving
such aid for any loss or damage to or expense incurred in the operation of any
equipment and the provision of any service in answering a request for aid and
for the costs incurred in connection with such requests; provided, that any
aiding party state may assume in whole or in part such loss, damage, expense,
or other cost, or may loan such equipment or donate such services to the
receiving party state without charge or cost; and provided further, that any
two or more party states may enter into supplementary agreements establishing a
different allocation of costs among those states. Article VIII expenses shall
not be reimbursable under this provision.
Article X - Evacuation
Plans for the orderly evacuation and
interstate reception of portions of the civilian population as the result of
any emergency or disaster of sufficient proportions to so warrant, shall be
worked out and maintained between the party states and the emergency
management/services directors of the various jurisdictions where any type of
incident requiring evacuations might occur. Such plans shall be put into effect
by request of the state from which evacuees come and shall include the manner
of transporting such evacuees, the number of evacuees to be received in
different areas, the manner in which food, clothing, housing, and medical care
will be provided, the registration of the evacuees, the providing of facilities
for the notification of relatives or friends, and the forwarding of such
evacuees to other areas or the bringing in of additional materials, supplies,
and all other relevant factors. Such plans shall provide that the party state
receiving evacuees and the party state from which the evacuees come shall
mutually agree as to reimbursement of out-of-pocket expenses incurred in
receiving and caring for such evacuees, for expenditures for transportation,
food, clothing, medicines and medical care, and like items. Such expenditures
shall be reimbursed as agreed by the party state from which the evacuees come.
After the termination of the emergency or disaster, the party state from which
the evacuees come shall assume the responsibility for the ultimate support of
repatriation of such evacuees.
Article XI - Implementation
A. This compact shall become operative
immediately upon its enactment into law by any two (2) states; thereafter, this
compact shall become effective as to any other state upon its enactment by such
state.
B. Any party state may withdraw from this
compact by enacting a statute repealing the same, but no such withdrawal shall
take effect until 30 days after the Governor of the withdrawing state has given
notice in writing of such withdrawal to the Governors of all other party
states. Such action shall not relieve the withdrawing state from obligations
assumed hereunder prior to the effective date of withdrawal.
C. Duly authenticated copies of this
compact and of such supplementary agreements as may be entered into shall, at
the time of their approval, be deposited with each of the party states and with
the Federal Emergency Management Agency and other appropriate agencies of the
United States Government.
Article XII - Validity
This compact shall be construed to
effectuate the purposes stated in Article I hereof. If any provision of this
compact is declared unconstitutional, or the applicability thereof to any person
or circumstances is held invalid, the constitutionality of the remainder of
this compact and the applicability thereof to other persons and circumstances
shall not be affected thereby.
Article XIII - Additional Provisions
Nothing in this compact shall authorize or
permit the use of military force by the National Guard of a state at any place
outside that state in any emergency for which the President is authorized by
law to call into federal service the militia, or for any purpose for which the use
of the Army or the Air Force would in the absence of express statutory
authorization be prohibited under 18 U.S.C. 1385.
______________________________________________________________________________
[2002 s.s.1
c.7 §2]
Note: See note under 401.041.
401.045 [1983 c.586 §18; 1993 c.187 §2; repealed by
2002 s.s.1 c.7 §3]
401.050 [Amended by 1963 c.528 §2; 1967 c.419 §34;
1967 c.595 §2; 1969 c.80 §10; 1969 c.314 §32; 1981 c.615 §5; repealed by 1983
c.586 §49]
(Powers of
Governor)
401.055
Declaration of state of emergency; procedures. (1) The Governor may declare a state of
emergency by proclamation at the request of a county governing body or after
determining that an emergency has occurred or is imminent.
(2) All requests by a county governing body
that the Governor declare an emergency shall be sent to the Office of Emergency
Management. Cities must submit requests through the governing body of the
county in which the majority of the citys property is located. Requests from
counties shall be in writing and include the following:
(a) A certification signed by the county
governing body that all local resources have been expended; and
(b) A preliminary assessment of property
damage or loss, injuries and deaths.
(3)(a) If, in the judgment of the Adjutant
General, the Governor cannot be reached by available communications facilities
in time to respond appropriately to an emergency, the Adjutant General shall
notify the Secretary of State or, if the Secretary of State is not available,
the State Treasurer that the Governor is not available.
(b) After notice from the Adjutant General
that the Governor is not available, the elected state official so notified may
declare a state of emergency pursuant to the provisions of subsections (1) and
(2) of this section.
(c) If the Adjutant General is unavailable
to carry out the duties described in this subsection, such duties shall be
performed by the Director of the Office of Emergency Management.
(4) Any state of emergency declared by the
Secretary of State or State Treasurer pursuant to this section has the same
force and effect as if issued by the Governor, except that it must be affirmed
by the Governor as soon as the Governor is reached. However, if the Governor
does not set aside the proclamation within 24 hours of being reached, the
proclamation shall be considered affirmed by the Governor.
(5) Any proclamation of a state of
emergency must specify the geographical area covered by the proclamation. Such
area shall be no larger than necessary to effectively respond to the emergency.
(6) The governing body of each county
shall establish a procedure for receiving, processing and transmitting to the
Office of Emergency Management, in a timely manner, a request submitted by a
city that the Governor declare an emergency. [1983 c.586 §4; 1991 c.605 §1;
1993 c.187 §3; 2007 c.408 §1; 2007 c.740 §21]
401.060 [Amended by 1963 c.528 §4; 1967 c.595 §3;
1969 c.80 §11; repealed by 1983 c.586 §49]
401.064 [1975 c.379 §3; repealed by 1983 c.586 §49]
401.065
Police powers during state of emergency; suspension of agency rules. During a state of emergency, the Governor
shall:
(1) Have complete authority over all
executive agencies of state government and the right to exercise, within the
area designated in the proclamation, all police powers vested in the state by
the Oregon Constitution in order to effectuate the purposes of ORS 401.015 to
401.107, 401.257 to 401.325 and 401.355 to 401.584;
(2) Have authority to suspend provisions
of any order or rule of any state agency, if the Governor determines and
declares that strict compliance with the provisions of the order or rule would
in any way prevent, hinder or delay mitigation of the effects of the emergency;
and
(3) Have authority to direct any agencies
in the state government to utilize and employ state personnel, equipment and
facilities for the performance of any activities designed to prevent or
alleviate actual or threatened damage due to the emergency, and may direct the
agencies to provide supplemental services and equipment to local governments to
restore any services in order to provide for the health and safety of the
citizens of the affected area. [1983 c.586 §5]
401.066 [1975 c.379 §2; 1977 c.248 §3; repealed by
1983 c.586 §49]
401.068 [1975 c.379 §4; repealed by 1983 c.586 §49]
401.070 [Repealed by 1983 c.586 §49]
401.074
Providing temporary housing during emergency. Whenever the Governor has declared a state of emergency under ORS
401.015 to 401.107, 401.257 to 401.325 and 401.355 to 401.584 or the President
of the United States has declared an emergency or a major disaster to exist in
this state, the Governor, with the concurrence of the Joint Committee on Ways
and Means or the Emergency Board, if the Legislative Assembly is not in
session, is authorized:
(1) To enter into purchase, lease or other
arrangements with any agency of the United States for temporary housing units
to be occupied by disaster victims and to make the units available to local
governments of the state.
(2) To assist any local government of this
state which requires temporary housing for disaster victims following the
declaration of a state of emergency to acquire and prepare a site to receive
and utilize temporary housing units by:
(a) Advancing or lending funds available
to the Governor from any appropriation made by the Legislative Assembly or from
any other source; and
(b) Passing through funds made available
by any public or private agency. [1983 c.586 §6]
401.075 [1977 c.248 §2; repealed by 1983 c.586 §49]
401.080 [Amended by 1953 c.6 §4; 1967 c.595 §4; 1975
c.379 §11; repealed by 1983 c.586 §49]
401.085
Management of resources during emergency; rules. Whenever the Governor has declared a state
of emergency under ORS 401.015 to 401.107, 401.257 to 401.325 and 401.355 to
401.584, the Governor shall be authorized to issue, amend and enforce rules and
orders to:
(1) Control, restrict and regulate by
rationing, freezing, use of quotas, prohibitions on shipments, price fixing,
allocation or other means, the use, sale or distribution of food, feed, fuel,
clothing and other commodities, materials, goods and services;
(2) Prescribe and direct activities in
connection with use, conservation, salvage and prevention of waste of
materials, services and facilities, including, but not limited to, production,
transportation, power and communication facilities training, and supply of
labor, utilization of industrial plants, health and medical care, nutrition,
housing, rehabilitation, education, welfare, child care, recreation, consumer
protection and other essential civil needs; and
(3) Take any other action that may be
necessary for the management of resources following an emergency. [1983 c.586 §7]
401.090 [Repealed by 1983 c.586 §49]
401.095
Effect of rules and orders during emergency; scope; effect; termination. (1) All rules and orders issued under
authority conferred by ORS 401.065 to 401.085 shall have the full force and
effect of law both during and after the declaration of a state of emergency.
All existing laws, ordinances, rules and orders inconsistent with ORS 401.065
to 401.085 shall be inoperative during the period of time and to the extent
such inconsistencies exist.
(2) The authority exercised under ORS
401.065 to 401.085 may be exercised with respect to the entire territory over
which the Governor has jurisdiction, or to any specified part thereof.
(3) When real or personal property is
taken under power granted by ORS 401.085, the owner of the property shall be
entitled to reasonable compensation from the state.
(4) The powers granted to the Governor by
ORS 401.065 to 401.085 shall continue until termination of the state of
emergency. The powers granted to the Governor by ORS 401.074 may continue
beyond the termination of the state of emergency and shall be terminated by
proclamation of the Governor or by joint resolution of the Legislative
Assembly. [1983 c.586 §8]
401.100 [Repealed by 1983 c.586 §49]
401.105
Termination of state of emergency. (1) The Governor shall terminate the state of emergency by proclamation
when the emergency no longer exists, or when the threat of an emergency has
passed.
(2) The state of emergency proclaimed by
the Governor may be terminated at any time by joint resolution of the
Legislative Assembly. [1983 c.586 §9]
401.106
Legislative findings. (1)
The Legislative Assembly finds that during an abnormal disruption of the
market, some merchants and wholesalers have taken unconscionable advantage of
consumers by charging grossly excessive prices for essential consumer goods and
services.
(2) To prevent merchants and wholesalers
from taking unconscionable advantage of consumers during an abnormal disruption
of the market, the Legislative Assembly declares that the public interest
requires that charging unconscionably excessive prices be prohibited and made
subject to regulation as an unlawful trade practice. [2007 c.223 §1]
Note: 401.106 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 401 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
401.107
Abnormal disruption of market.
(1) As used in subsections (1) to (4) of this section, the terms merchant and
wholesaler do not include a public body as that term is defined in ORS
174.109, a public utility as defined in ORS 757.005 (1)(a)(A) or an electric
utility as defined in ORS 757.600.
(2) A merchant or wholesaler may not sell
or offer to sell essential consumer goods or services for an amount that
represents an unconscionably excessive price during a declaration of an
abnormal disruption of the market under subsections (5) to (7) of this section.
(3) It is a question of law whether a
price is unconscionably excessive. Proof that a price is unconscionably
excessive may be shown by evidence that:
(a) The amount charged for essential
consumer goods or services exceeds by 15 percent or more the price at which the
goods or services were sold or offered for sale by the merchant or wholesaler
in the usual course of business immediately prior to or during a declaration of
an abnormal disruption of the market; or
(b) The amount charged for the essential
consumer goods or services exceeds by 15 percent or more the price at which the
same or similar consumer goods or services were readily obtainable by other
consumers in or near the geographical area covered by the declaration of an
abnormal disruption of the market.
(4) Evidence described in subsection (3)
of this section constitutes prima facie proof of a violation of subsections (1)
to (4) of this section. Evidence described in subsection (3) of this section is
not prima facie evidence of a violation of subsections (1) to (4) of this
section if the amount charged by the merchant or wholesaler is:
(a) Attributable to additional costs
imposed by the merchants or wholesalers suppliers or necessarily incurred in
procuring the essential consumer goods or services immediately prior to or
during the declaration of an abnormal disruption of the market; or
(b) The result of increased internal costs
or expenses related to the declaration of an abnormal disruption of the market
or the result of increased costs unrelated to the declaration of an abnormal
disruption of the market.
(5) If the Governor determines that an
abnormal disruption of the market has occurred, the Governor may declare an
abnormal disruption of the market by a proclamation, as part of a state of
emergency declared under ORS 401.055, or both.
(6) The Governors declaration of an
abnormal disruption of the market under subsection (5) of this section shall
specify:
(a) The geographical area covered by the
declaration. The area may be no larger than necessary to effectively respond to
the abnormal disruption of the market.
(b) The date and time at which the
abnormal disruption of the market commenced. The date of commencement of the
abnormal disruption of the market may precede the date on which the declaration
is made.
(c) That the declaration will terminate
automatically 30 days after the date on which the Governor makes the
declaration unless the Governor extends the declaration in accordance with
paragraph (d) of this subsection or unless the Governor or the Legislative
Assembly terminates the declaration sooner.
(d) That the Governor may extend the
declaration for additional 30-day periods by subsequent declarations that the
abnormal disruption of the market continues to exist.
(7) The Governors declaration of an
abnormal disruption of the market is subject to termination:
(a) By the Governor when the Governor
determines that an abnormal disruption of the market no longer exists.
(b) At any time by joint resolution of the
Legislative Assembly.
(c) Automatically 30 days after the date
on which the Governor makes the declaration unless the Governor or the
Legislative Assembly terminates the declaration sooner. The Governor may extend
the declaration for subsequent 30-day periods by declaring for each such
extension that the abnormal disruption of the market continues to exist. An
extension the Governor declares in accordance with this paragraph also
terminates 30 days after the date on which the Governor declared the extension
unless the Governor declares another extension or unless the Governor or the
Legislative Assembly terminates the extension sooner. [2007 c.223 §§3,4]
401.108
Applicability of remedies.
The remedies provided in ORS 401.107 (1) to (4) and in the amendments to ORS
646.607 by section 6, chapter 223, Oregon Laws 2007, are in addition to any
other remedies that may exist under the law. [2007 c.223 §7(3)]
Note: 401.108 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 401 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
401.110 [Amended by 1975 c.379 §12; repealed by 1983
c.586 §49]
401.115
Additional powers during emergency. During the existence of an emergency, the Governor may:
(1) Assume complete control of all
emergency operations in the area specified in a proclamation of a state of emergency
issued under ORS 401.055, direct all rescue and salvage work and do all things
deemed advisable and necessary to alleviate the immediate conditions.
(2) Assume control of all police and law
enforcement activities in such area, including the activities of all local
police and peace officers.
(3) Close all roads and highways in such
area to traffic or by order of the Governor limit the travel on such roads to
such extent as the Governor deems necessary and expedient.
(4) Designate persons to coordinate the
work of public and private relief agencies operating in such area and exclude
from such area any person or agency refusing to cooperate with and work under
such coordinator or to cooperate with other agencies engaged in emergency work.
(5) Require the aid and assistance of any
state or other public or quasi-public agencies in the performance of duties and
work attendant upon the emergency conditions in such area. [Formerly 401.530]
401.120 [Repealed by 1983 c.586 §49]
401.125
Authority concerning federal financial assistance to political subdivision. Whenever, at the request of the Governor,
the President of the
(1) Upon determination that a political
subdivision of the state will suffer a substantial loss of tax and other
revenues from a major disaster and has demonstrated a need for financial
assistance to perform its governmental functions, to apply to the federal
government, on behalf of the political subdivision, for a loan; and to receive
and disburse the proceeds of any approved loan to any applicant political
subdivision.
(2) To determine the amount needed to
restore or resume its governmental functions, and to certify the same to the
federal government, provided, however, that no application amount shall exceed
25 percent of the annual operating budget of the applicant political
subdivision for the fiscal year in which the major disaster occurs.
(3) To recommend to the federal
government, based upon the review of the Governor, the cancellation of all or
any part of repayment when, in the first three full fiscal year period
following the major disaster, the revenues of the political subdivision are
insufficient to meet its operating expenses, including additional
disaster-related expenses of a municipal operation character. [Formerly
401.630]
401.130 [Repealed by 1983 c.586 §49]
401.135
Authority concerning federal financial assistance to individuals or families. Whenever the President of the
(1) Upon determination that financial
assistance is essential to meet disaster-related necessary expenses or serious
needs of individuals or families adversely affected by a major disaster that
cannot be otherwise adequately met from other means of assistance, to accept a
grant by the federal government to fund such financial assistance, subject to
such terms and conditions as may be imposed upon the grant.
(2) To enter into an agreement with the
federal government, or any officer or agency thereof, pledging the state to participate
in the funding of the assistance authorized in subsection (1) of this section
in an amount not to exceed 25 percent thereof.
(3) To make financial grants to help meet
disaster-related necessary expenses or serious needs of individuals or families
adversely affected by a major disaster which cannot otherwise adequately be met
from other means of assistance. [Formerly 401.640; 1997 c.14 §1]
401.140 [Repealed by 1983 c.586 §49]
401.145
Authority over removal of disaster debris or wreckage; unconditional
authorization of community; liability for injury or damage. (1) Whenever the Governor has declared a
disaster emergency to exist under the laws of this state, or the President of
the
(a) Through the use of state departments
or agencies, or the use of any of the states instrumentalities, to clear or
remove from publicly or privately owned land or water, debris and wreckage
which may threaten public health or safety, or public or private property.
(b) To accept funds from the federal
government and utilize such funds to make grants to any political subdivision
for the purpose of removing debris or wreckage from publicly or privately owned
land or water.
(2) Authority under subsection (1) of this
section shall not be exercised unless the affected political subdivision,
corporation, organization, or individual shall first present an unconditional
authorization for removal of such debris or wreckage from public and private
property and, in the case of removal of debris or wreckage from private
property, shall first agree to indemnify the state government against any claim
arising from such removal.
(3) Whenever the Governor provides for
clearance of debris or wreckage pursuant to subsections (1) and (2) of this
section, employees of the designated state agencies or individuals appointed by
the Governor are authorized to enter upon private lands or waters and perform
any tasks necessary to the removal or clearance operation.
(4) Except in cases of willful misconduct,
gross negligence or bad faith, any state employee or individual appointed by
the Governor authorized to perform duties necessary to the removal of debris or
wreckage shall not be liable for death of or injury to persons or damage to
property. [Formerly 401.650]
401.150 [Repealed by 1983 c.586 §49]
401.155
Rules to carry out ORS 401.125 to 401.145 and 401.335. The Governor is authorized to make rules and
regulations as are necessary to carry out the purposes of ORS 401.125 to
401.145 and 401.335. [Formerly 401.660]
401.160 [Amended by 1953 c.6 §4; 1955 c.451 §1;
repealed by 1983 c.586 §49]
401.170 [Amended by 1963 c.179 §1; 1971 c.766 §1;
repealed by 1983 c.586 §49]
401.180 [Repealed by 1983 c.586 §49]
401.190 [Amended by 1963 c.528 §5; repealed by 1983
c.586 §49]
401.195 [1981 c.763 §2; repealed by 1983 c.586 §49]
401.200 [1981 c.763 §3; 1983 c.586 §27; renumbered
401.355]
401.205 [1981 c.763 §4; 1983 c.586 §28; renumbered
401.365]
401.210 [Formerly 401.820; 1983 c.586 §29;
renumbered 401.375]
401.215 [Formerly 401.830; 1983 c.586 §30;
renumbered 401.385]
401.220 [1981 c.763 §5; 1983 c.586 §31; renumbered
401.395]
401.225 [1981 c.763 §6; 1983 c.586 §32; renumbered
401.405]
401.230 [1981 c.763 §7; 1983 c.586 §33; renumbered
401.415]
401.235 [1981 c.763 §8; 1983 c.586 §34; renumbered
401.425]
401.240 [1981 c.763 §9; 1983 c.586 §35; renumbered
401.435]
401.245 [1981 c.763 §10; 1983 c.586 §36; renumbered
401.445]
401.250 [1981 c.763 §11; 1983 c.586 §37; renumbered
401.455]
401.255 [1981 c.763 §12; 1983 c.586 §38; renumbered
401.465]
(Office of
Emergency Management)
401.257
Responsibilities of Office of Emergency Management. (1) The Office of Emergency Management is
established in the Oregon Military Department.
(2) The office shall be responsible for:
(a) Coordinating and facilitating private
sector and governmental efforts to prevent, prepare for, respond to and recover
from emergencies; and
(b) Coordinating exercises and training,
planning, preparedness, response, mitigation and recovery activities with state
and local emergency services agencies and organizations. [2007 c.740 §2]
Note: Sections 9, 10, 12, 13, 14 and 16, chapter
740, Oregon Laws 2007, provide:
Sec.
9. (1) The Office of
Emergency Management in the Department of State Police is abolished. On the
operative date of this section, the tenure of office of the Director of the
Office of Emergency Management ceases.
(2) All the duties, functions and powers
of the Office of Emergency Management in the Department of State Police are
imposed upon, transferred to and vested in the Office of Emergency Management
in the Oregon Military Department. [2007 c.740 §9]
Sec.
10. (1) The Superintendent
of State Police shall:
(a) Deliver to the Office of Emergency
Management in the Oregon Military Department all records and property within
the jurisdiction of the superintendent that relate to the duties, functions and
powers transferred by section 9 of this 2007 Act; and
(b) Transfer to the Office of Emergency
Management in the Oregon Military Department those employees engaged primarily
in the exercise of the duties, functions and powers transferred by section 9 of
this 2007 Act.
(2) The Director of the Office of
Emergency Management in the Oregon Military Department shall take possession of
the records and property, and shall take charge of the employees and employ
them in the exercise of the duties, functions and powers transferred by section
9 of this 2007 Act, without reduction of compensation but subject to change or
termination of employment or compensation as provided by law.
(3) The Adjutant General shall resolve any
dispute between the Office of Emergency Management in the Department of State
Police and the Office of Emergency Management in the Oregon Military Department
relating to transfers of records, property and employees under this section,
and the Adjutant Generals decision is final. [2007 c.740 §10]
Sec.
12. The transfer of duties,
functions and powers to the Office of Emergency Management in the Oregon
Military Department by section 9 of this 2007 Act does not affect any action,
proceeding or prosecution involving or with respect to such duties, functions
and powers begun before and pending at the time of the transfer, except that
the Office of Emergency Management in the Oregon Military Department is
substituted for the Office of Emergency Management in the Department of State
Police in the action, proceeding or prosecution. [2007 c.740 §12]
Sec.
13. (1) Nothing in sections
9 to 12 of this 2007 Act relieves a person of a liability, duty or obligation
accruing under or with respect to the duties, functions and powers transferred
by section 9 of this 2007 Act. The Office of Emergency Management in the Oregon
Military Department may undertake the collection or enforcement of any such
liability, duty or obligation.
(2) The rights and obligations of the
Office of Emergency Management in the Department of State Police legally
incurred under contracts, leases and business transactions executed, entered
into or begun before the operative date of section 9 of this 2007 Act [July 1,
2007] are transferred to the Office of Emergency Management in the Oregon Military
Department. For the purpose of succession to these rights and obligations, the
Office of Emergency Management in the Oregon Military Department is a
continuation of the Office of Emergency Management in the Department of State
Police and not a new authority. [2007 c.740 §13]
Sec.
14. Notwithstanding the
transfer of duties, functions and powers by section 9 of this 2007 Act, the
rules of the Office of Emergency Management in the Department of State Police
in effect on the operative date of section 9 of this 2007 Act [July 1, 2007]
continue in effect until superseded or repealed by rules of the Office of
Emergency Management in the Oregon Military Department. References in rules of
the Office of Emergency Management in the Department of State Police to the Office
of Emergency Management in the Department of State Police or an officer or
employee of the Office of Emergency Management in the Department of State
Police are considered to be references to the Office of Emergency Management in
the Oregon Military Department or an officer or employee of the Office of
Emergency Management in the Oregon Military Department. [2007 c.740 §14]
Sec.
16. The Director of the
Office of Emergency Management may be appointed before the operative date of
section 9 of this 2007 Act [July 1, 2007] and may take any action before that
date that is necessary to enable the director to exercise, on and after the
operative date of section 9 of this 2007 Act, the duties, functions and powers
of the director pursuant to section 9 of this 2007 Act. [2007 c.740 §16]
401.259
Agency liaison with Office of Emergency Management. (1) The following departments shall
designate a person within each department to act as a liaison with the Office
of Emergency Management:
(a) The Department of Transportation;
(b) The State Department of Agriculture;
(c) The Department of Environmental
Quality;
(d) The Department of Human Services;
(e) The State Department of Energy;
(f) The Oregon Department of
Administrative Services;
(g) The Department of State Police;
(h) The State Department of Geology and
Mineral Industries; and
(i) The Oregon Military Department.
(2) Each person designated as a liaison
under subsection (1) of this section shall assist in the coordination of the
functions of the persons department that relate to emergency preparedness and
response with similar functions of the Office of Emergency Management. [2007
c.740 §8]
Note: 401.259 to 401.269 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
401 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
401.260 [1983 c.586 §10; 1993 c.187 §4; repealed by
2007 c.740 §42]
401.261
Office of Emergency Management; appointment of director. (1) The Office of Emergency Management is
under the supervision and control of a director, who is responsible for the
performance of the duties, functions and powers of the office.
(2) The Adjutant General, with the
approval of the Governor, shall appoint the Director of the Office of Emergency
Management, who holds office at the pleasure of the Adjutant General.
(3) The director shall be paid a salary as
provided by law or, if not so provided, as prescribed by the Adjutant General,
with the approval of the Governor.
(4) For purposes of administration,
subject to the approval of the Adjutant General, the director may organize and
reorganize the office as the director considers necessary to properly conduct
the work of the office.
(5) The director may divide the functions
of the office into administrative divisions. Subject to the approval of the
Adjutant General, the director may appoint an individual to administer each
division. The administrator of each division serves at the pleasure of the director
and is not subject to the provisions of ORS chapter 240. Each individual
appointed under this subsection must be well qualified by technical training
and experience in the functions to be performed by the individual. [2007 c.740 §3]
Note: See note under 401.259.
401.263
Appointment of deputy director.
(1) The Director of the Office of Emergency Management may, by written order
filed with the Secretary of State, appoint a deputy director. The deputy
director serves at the pleasure of the director, has authority to act for the
director in the absence of the director and is subject to the control of the
director at all times.
(2) Subject to any applicable provisions
of ORS chapter 240, the director shall appoint all subordinate officers and
employees of the Office of Emergency Management, prescribe their duties and fix
their compensation. [2007 c.740 §4]
Note: See note under 401.259.
401.265
Rules. In accordance with
applicable provisions of ORS chapter 183, the Director of the Office of
Emergency Management may adopt rules necessary for the administration of the
laws that the Office of Emergency Management is charged with administering. [2007
c.740 §5]
Note: See note under 401.259.
401.267
Advisory and technical committees. (1) To aid and advise the Director of the Office of Emergency
Management in the performance of the functions of the Office of Emergency
Management, the director may establish such advisory and technical committees
as the director considers necessary. The committees may be continuing or
temporary. The director shall determine the representation, membership, terms
and organization of the committees and shall appoint their members. The
director is an ex officio member of each committee.
(2) Members of the committees are not entitled
to compensation, but in the discretion of the director may be reimbursed from
funds available to the office for actual and necessary travel and other
expenses incurred by them in the performance of their official duties in the
manner and amount provided in ORS 292.495. [2007 c.740 §6]
Note: See note under 401.259.
401.269
Interagency agreements. The
Director of the Office of Emergency Management may enter into interagency
agreements with other state agencies that the director determines are necessary
to carry out the duties of the Office of Emergency Management. [2007 c.740 §7]
Note: See note under 401.259.
401.270
Duties of director; rules.
The Director of the Office of Emergency Management shall be responsible for
coordinating and facilitating exercises and training, emergency planning,
preparedness, response, mitigation and recovery activities with the state and
local emergency services agencies and organizations, and shall, with the
approval of the Adjutant General or as directed by the Governor:
(1) Make rules that are necessary and
proper for the administration and implementation of ORS 401.015 to 401.107,
401.257 to 401.325, 401.355 to 401.584 and 401.706;
(2) Coordinate the activities of all
public and private organizations specifically related to providing emergency
services within this state;
(3) Maintain a cooperative liaison with
emergency management agencies and organizations of local governments, other
states and the federal government;
(4) Have such additional authority, duties
and responsibilities authorized by ORS 401.015 to 401.107, 401.257 to 401.325
and 401.355 to 401.584 or as may be directed by the Governor;
(5) Administer grants relating to
emergency program management, seismic rehabilitation, emergency services for
the state and the statewide 2-1-1 system as provided in ORS 401.294;
(6) Provide for and staff a State
Emergency Operations Center to aid the Governor and the Office of Emergency
Management in the performance of duties under ORS 401.015 to 401.107, 401.257 to
401.325, 401.355 to 401.584 and 401.706;
(7) Serve as the Governors authorized
representative for coordination of certain response activities and managing the
recovery process;
(8) Establish training and professional
standards for local emergency program management personnel;
(9) Establish task forces and advisory
groups to assist the office in achieving mandated responsibilities;
(10) Enforce compliance requirements of
federal and state agencies for receiving funds and conducting designated
emergency functions;
(11) Oversee the design, implementation
and support of a statewide 2-1-1 system as provided under ORS 401.288; and
(12) Coordinate the activities of state
and local governments to enable state and local governments to work together
during domestic incidents as provided in the National Incident Management
System established by the Homeland Security Presidential Directive 5 of
February 28, 2003. [1983 c.586 §11; 1993 c.187 §5; 2003 c.556 §2; 2005 c.526 §10;
2005 c.813 §3; 2005 c.825 §10; 2007 c.740 §22]
401.271
Legislative findings. The
Legislative Assembly finds that:
(1) During an evacuation after a major
disaster or an emergency, many pet owners are reluctant to leave their pets and
are willing to risk their lives to protect their pets.
(2) Animals are important to their owners
and the presence of an animal brings comfort to an owner and may enhance
recovery for an owner distressed over injury or damage caused by a major
disaster or an emergency.
(3) Significant loss of livestock as a result
of a major disaster or an emergency would seriously threaten the economy of
(4) It is essential that the Office of
Emergency Management and the State Department of Agriculture work together to
develop emergency operations plans for animals and livestock that provide for
animals and livestock during a major disaster or an emergency. [2007 c.98 §1]
Note: 401.271 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 401 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
401.272
Animal emergency operations plan. (1) As used in this section:
(a) Companion animal means a domestic
animal commonly kept as a household pet.
(b) Service animal means an animal that
assists or performs tasks for a person with a sensory, emotional, mental or
physical disability.
(2) The Office of Emergency Management, in
cooperation with the State Department of Agriculture and county and local
governments, shall prepare a written animal emergency operations plan that
provides for the evacuation, transport and temporary sheltering of companion
animals and service animals during a major disaster or an emergency.
(3) The office, in developing the plan,
shall emphasize the protection of human life and shall consider:
(a) Allowing owners of service animals to
be evacuated, transported and sheltered with their service animals;
(b) Establishing a sufficient number of
evacuation shelters equipped to temporarily shelter companion animals and
service animals in close proximity to a human sheltering facility;
(c) Allowing owners and their companion
animals to be evacuated together whenever possible;
(d) Establishing an identification system
to ensure that owners who are separated from their companion animals or service
animals during an evacuation are provided with all information necessary to
locate and reclaim their animals;
(e) Transporting companion animals or
service animals, in cages or carriers that safely and securely confine the
animals, in an impending major disaster or emergency;
(f) Recommending that animal shelters,
humane societies, veterinary offices, boarding kennels, breeders, grooming
facilities, animal testing facilities and any other entity that normally houses
companion animals or service animals create evacuation plans for the animals
housed at their facilities;
(g) Establishing recommended minimum
holding periods for companion animals or service animals that are sheltered
during a major disaster or an emergency; and
(h) Creating and promoting an educational
campaign for owners of companion animals or service animals that will:
(A) Encourage owners to plan for and
incorporate their animals in the owners personal plans in the event of a major
disaster or an emergency; and
(B) Inform owners of companion animals or
service animals about the animal emergency operations plan prepared under this
section. [2007 c.98 §3]
Note: Section 6, chapter 98, Oregon Laws 2007,
provides:
Sec.
6. The Office of Emergency
Management, pursuant to ORS 401.280, shall apply to the United States
Department of Homeland Security for federal funds available under the federal
Pets Evacuation and Transportation Standards Act of 2006 to carry out the
purposes of sections 3 [401.272] and 5 [401.274] of this 2007 Act. [2007 c.98 §6]
401.273
Rescue of companion animal.
(1) A person engaged in search and rescue operations may make every practicable
attempt under the circumstances to rescue a companion animal.
(2) This section does not impose liability
on or expand liability of a person engaged in search and rescue operations. [2007
c.98 §4]
401.274
Livestock emergency operations plan. (1) As used in this section:
(a) Emergency has the meaning given that
term in ORS 401.025.
(b) Livestock means cattle, horses,
sheep and any other animals designated by the State Department of Agriculture.
(c) Major disaster has the meaning given
that term in ORS 401.025.
(2) The State Department of Agriculture,
in cooperation with the Office of Emergency Management and county and local
governments, shall prepare a written livestock emergency operations plan that
provides for the evacuation, transport and temporary sheltering of livestock
during a major disaster or an emergency.
(3) The department, in developing the
plan, shall consider:
(a) Methods for providing adequate food
and water for livestock during a major disaster or an emergency;
(b) Methods for providing livestock with
adequate shelter or protection from harsh weather conditions during a major
disaster or an emergency;
(c) Creating and promoting an educational
campaign for owners of livestock that will:
(A) Encourage owners to plan for and
incorporate their livestock in the owners personal plans in the event of a
major disaster or an emergency; and
(B) Inform owners of livestock about the
livestock emergency operations plan prepared under this section; and
(d) Any other methods or arrangements that
the department determines would protect livestock during a major disaster or an
emergency. [2007 c.98 §5]
Note: 401.274 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 401 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
Note: See note under 401.272.
401.275
System for notification of emergencies; emergency management coordinators; rules. (1)(a) The Department of State Police shall
maintain a system for the notification and interagency coordination of state
resources in response to emergencies involving multijurisdictional cooperation
between the various levels of government and private business entities.
(b) The department shall provide the
Office of Emergency Management with a service level agreement that describes
the continued daily operations and maintenance of the system, the services and
supplies needed to maintain the system 24 hours a day, every day of the year
and the policies and procedures that support the overall notification system.
(2) The notification system shall be
managed by the Office of Emergency Management as a continuously available
communications network and a component of the states emergency operations
center.
(3) The notification system shall be the
primary point of contact by which any public agency provides the state
notification of an emergency or disaster, or requests access to state and
federal resources.
(4) Each department of state government,
and those agencies of state government identified in the
(5) The Office of Emergency Management
shall adopt rules relating to the planning, administration and operation of the
notification system maintained under this section. [1993 c.187 §8; 2007 c.740 §23]
401.280
Federal grants for emergency management and services; authority of office. (1) The Office of Emergency Management is
designated as the sole agency of the State of
(2) The office is authorized to accept and
receive on behalf of the state, counties and cities federal funds for purpose
of emergency program management and emergency services, to deposit such funds
in the Emergency Management Revolving Account and to authorize the disbursement
and distribution of these funds in accordance with the applicable agreement. [1983
c.586 §22; 1993 c.187 §6; 2007 c.740 §24]
(2-1-1
Telecommunications System)
401.282
Legislative findings. The
Legislative Assembly finds that:
(1) The implementation of a single,
easy-to-use telephone number, 2-1-1, will benefit the residents of this state
by providing easier access to available health and human services and services
after an emergency, by reducing inefficiencies in connecting people with
desired service providers and by reducing duplication of efforts.
(2) In a time of reduced resources for the
provision of health and human services, establishing a cost-effective means to
continue to inform the public about available services is a priority.
(3) An integrated statewide system of
local information and referral service providers will build upon an already
existing network of experienced service providers without the necessity of
creating a new agency or department. [2005 c.526 §1]
Note: 401.282 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 401 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
401.284
Definitions for ORS 401.284 to 401.296. As used in ORS 401.284 to 401.296:
(1) 2-1-1 means the abbreviated dialing
code assigned by the Federal Communications Commission for consumer access to
community information and referral services.
(2) 2-1-1 service means a telephone
service that provides information about and referral to health and human
services and services after an emergency.
(3) 2-1-1 service area means an area in
the state of
(4) 2-1-1 service provider means a
public or nonprofit agency or organization that provides 2-1-1 services.
(5) 2-1-1 system facilitator means an
401.286
Public referral and information telephone number. 2-1-1 is created as the official state
dialing code for public referral to and information about health and human
services and services after an emergency. [2005 c.526 §4]
401.288
Contract for 2-1-1 system facilitator. (1) Subject to subsection (3) of this section, the Office of Emergency
Management shall enter into a contract with a 2-1-1 system facilitator to
design, implement and support a statewide 2-1-1 system.
(2) The contract shall ensure that the 2-1-1
system facilitator:
(a) Creates a structure for a statewide
2-1-1 resources database that:
(A) Meets standards for information and
referral systems databases established by a nationally recognized corporation
devoted to improving access to services through a mechanism of information and
referral; and
(B) Will be integrated with local
resources databases maintained by approved 2-1-1 service providers;
(b) Develops a statewide resources
database for the 2-1-1 system; and
(c) Maintains public information provided
by state agencies and programs that provide health and human services for
access by 2-1-1 service providers.
(3) In awarding the contract under
subsection (1) of this section, the office shall ensure that the 2-1-1 system
facilitator has the funds and the financial capacity to carry out the terms of
the contract and that the contract is cost-neutral to the office. [2005 c.526 §5]
401.290
Approval of 2-1-1 service providers. (1) The 2-1-1 system facilitator shall recommend 2-1-1 service providers
to the Office of Emergency Management based on the following criteria:
(a) The ability of the proposed 2-1-1
service provider to meet the national 2-1-1 standards recommended by a
nationally recognized corporation devoted to improving access to services
through a mechanism of information and referral;
(b) The financial stability of the
proposed 2-1-1 service provider;
(c) The community support for the proposed
2-1-1 service provider;
(d) The relationships of the proposed
2-1-1 service provider with other information and referral services; and
(e) Other criteria that the 2-1-1 system
facilitator deems appropriate.
(2) The office shall approve 2-1-1 service
providers based on the recommendations of the 2-1-1 system facilitator. Only a
2-1-1 service provider approved by the office may provide 2-1-1 services. [2005
c.526 §6]
401.292
Use of 2-1-1 system by state agencies providing health and human services. Before a state agency that provides health
and human services establishes a new public information hotline, the state
agency shall consult with the Office of Emergency Management about using the
2-1-1 system to provide public access to the information. [2005 c.526 §7]
401.294
Contributions to support establishment of 2-1-1 system; use of contributions. (1) The Office of Emergency Management may
accept contributions of moneys and assistance from the federal government or
its agencies or from any other source, public or private, and agree to
conditions placed on the moneys not inconsistent with the purpose of
establishing a statewide 2-1-1 system.
(2) The office may, from contributions of
moneys received under subsection (1) of this section:
(a) Provide grants to approved 2-1-1
service providers for the design, development, and implementation of 2-1-1 for
their 2-1-1 service areas;
(b) Provide grants to approved 2-1-1
service providers to enable the provision of 2-1-1 services on an ongoing
basis; and
(c) Provide grants to approved 2-1-1
service providers to enable the provision of 2-1-1 services 24 hours a day,
seven days a week. [2005 c.526 §8]
401.296
2-1-1 Account. The 2-1-1
Account is established in the State Treasury, separate and distinct from the
General Fund. All moneys received by the Office of Emergency Management for the
2-1-1 system under ORS 401.294 shall be deposited into the account and are
continuously appropriated to the Office of Emergency Management to be used only
for the implementation and support of the 2-1-1 system. [2005 c.526 §9]
(Seismic
Rehabilitation)
401.300
Grant program for seismic rehabilitation of certain facilities. (1) The Director of the Office of Emergency
Management, pursuant to the authority to administer grant programs for seismic
rehabilitation provided in ORS 401.270, shall develop a grant program for the
disbursement of funds for the seismic rehabilitation of critical public
buildings, including hospital buildings with acute inpatient care facilities,
fire stations, police stations, sheriffs offices, other facilities used by
state, county, district or municipal law enforcement agencies and buildings
with a capacity of 250 or more persons that are routinely used for student
activities by kindergarten through grade 12 public schools, community colleges,
education service districts and institutions of higher education. The funds for
the seismic rehabilitation of critical public buildings under the grant program
are to be provided from the issuance of bonds pursuant to the authority
provided in Articles XI-M and XI-N of the Oregon Constitution.
(2) The grant program shall include the
appointment of a grant committee. The grant committee may be composed of any
number of persons with qualifications that the director determines necessary.
However, the director shall include persons with experience in administering
state grant programs and representatives of entities with responsibility over
critical public buildings. The director shall also include as permanent members
representatives of:
(a) The Department of Human Services;
(b) The State Department of Geology and
Mineral Industries;
(c) The Seismic Safety Policy Advisory
Commission;
(d) The Oregon Department of
Administrative Services;
(e) The Department of Education;
(f) The
(g) The
(h) The
(3) The director shall determine the form
and method of applying for grants from the grant program, the eligibility
requirements for grant applicants, and general terms and conditions of the grants.
The director shall also provide that the grant committee review grant
applications and make a determination of funding based on a scoring system that
is directly related to the statewide needs assessment performed by the State
Department of Geology and Mineral Industries. Additionally, the grant process
may:
(a) Require that the grant applicant
provide matching funds for completion of any seismic rehabilitation project.
(b) Provide authority to the grant
committee to waive requirements of the grant program based on special
circumstances such as proximity to fault hazards, community value of the
structure, emergency functions provided by the structure and storage of
hazardous materials.
(c) Allow an applicant to appeal any
determination of grant funding to the director for reevaluation.
(d) Provide that applicants release the
state, the director and the grant committee from any claims of liability for
providing funding for seismic rehabilitation.
(e) Provide separate rules for funding
rehabilitation of structural and nonstructural building elements.
(4) Subject to the grant rules established
by the director and subject to reevaluation by the director, the grant
committee has the responsibility to review and make determinations on grant
applications under the grant program established pursuant to this section. [2005
c.813 §2; 2007 c.740 §25]
(Powers of
Local Governments)
401.305
Emergency management agency of city or county; emergency program manager;
coordination of emergency management functions. (1) Each county of this state shall, and
each city may, establish an emergency management agency which shall be directly
responsible to the executive officer or governing body of the county or city.
(2) The executive officer or governing
body of each county and any city which participates shall appoint an emergency
program manager who shall have responsibility for the organization,
administration and operation of such agency, subject to the direction and
control of the county or city.
(3) The local governing bodies of counties
and cities that have both city and county emergency management programs shall
jointly establish policies which provide direction and identify and define the
purpose and roles of the individual emergency management programs, specify the
responsibilities of the emergency program managers and staff and establish
lines of communication, succession and authority of elected officials for an
effective and efficient response to emergency conditions.
(4) Each emergency management agency shall
perform emergency program management functions within the territorial limits of
the county or city and may perform such functions outside the territorial
limits as required under any mutual aid or cooperative assistance agreement or
as authorized by the county or city.
(5) The emergency management functions
shall include, as a minimum:
(a) Coordination of the planning
activities necessary to prepare and maintain a current emergency operations
plan, management and maintenance of emergency operating facilities from which
elected and appointed officials can direct emergency and disaster response
activities;
(b) Establishment of an incident command
structure for management of a coordinated response by all local emergency
service agencies; and
(c) Coordination with the Office of
Emergency Management to integrate effective practices in emergency preparedness
and response as provided in the National Incident Management System established
by the Homeland Security Presidential Directive 5 of February 28, 2003. [1983
c.586 §12; 1993 c.187 §9; 2005 c.825 §11]
401.309
Declaration of state of emergency by local government; procedures; mandatory
evacuations. (1) Each
county, city or other municipal corporation in this state may, by ordinance or
resolution, establish procedures to prepare for and carry out any activity to
prevent, minimize, respond to or recover from an emergency. The ordinance or
resolution shall describe the conditions required for the declaration of a
state of emergency within the jurisdiction and the agency or individual
authorized to declare that a state of emergency exists.
(2) An ordinance or resolution adopted
under this section may designate the emergency management agency, if any, or
any other agency or official of the county, city or municipal corporation as
the agency or official charged with carrying out emergency duties or functions
under the ordinance.
(3) A county, city or municipal
corporation may authorize an agency or official to order mandatory evacuations
of residents and other individuals after a declaration of a state of emergency
within the jurisdiction is declared. An evacuation under an ordinance or
resolution authorized by this section shall be ordered only when necessary for
public safety or when necessary for the efficient conduct of activities that
minimize or mitigate the effects of the emergency.
(4) Nothing in this section shall be
construed to affect or diminish the powers of the Governor during a state of
emergency declared under ORS 401.055. The provisions of ORS 401.015 to 401.107,
401.115 and 401.125 to 401.145 supersede the provisions of an ordinance or
resolution authorized by this section when the Governor declares a state of
emergency within any area in which such an ordinance or resolution applies.
(5) As used in this section, emergency
has the meaning given that term in ORS 401.025. [1997 c.361 §2]
401.310 [Amended by 1953 c.394 §10; 1969 c.80 §12;
repealed by 1983 c.586 §49]
401.315
City or county authorized to incur obligations for emergency services; county
determination of emergency.
In carrying out the provisions of ORS 401.015 to 401.107, 401.257 to 401.325
and 401.355 to 401.584, counties or cities may enter into contracts and incur
obligations necessary to mitigate, prepare for, respond to or recover from
emergencies or major disaster. A county shall assess whether an emergency
exists. [1983 c.586 §13; 1991 c.418 §2]
401.320 [Amended by 1953 c.394 §10; repealed by 1983
c.586 §49]
401.325
Emergency management agency appropriation; tax levy. (1) Each county and city may make
appropriations, in the manner provided by law for making appropriations for the
expenses of the county or city, for the payment of expenses of its emergency
management agency and may levy taxes upon the taxable property within the
county or city.
(2) An appropriation made under subsection
(1) of this section shall be budgeted so that it is possible to identify it as
a distinguishable expense category. [1983 c.586 §14]
401.330 [Amended by 1953 c.394 §10; repealed by 1983
c.586 §49]
401.335
Temporary housing for disaster victims; political subdivisions authority. Any political subdivision of this state is
expressly authorized to acquire, temporarily or permanently, by purchase,
lease, or otherwise, sites required for installation of temporary housing units
for disaster victims, and to enter into arrangements necessary to prepare or
equip such sites to utilize the housing units. [Formerly 401.620]
(Seismic
Safety)
401.337
Seismic Safety Policy Advisory Commission; members; term. (1) There is established a Seismic Safety
Policy Advisory Commission consisting of the following members:
(a) The chief officer or the chief officers
designee of the following:
(A) Department of Consumer and Business
Services;
(B) State Department of Geology and
Mineral Industries;
(C) Department of Land Conservation and
Development;
(D) Department of Transportation; and
(E) Office of Emergency Management; and
(b) Thirteen members appointed by the
Governor as follows:
(A) One representative of local
government;
(B) Six members representing the public
interest, including:
(i) One representative of a school
district, community college or university;
(ii) Two members of the Legislative
Assembly; and
(iii) Three members of the general public;
and
(C) Six members representing affected
industries or stakeholders.
(2) The term of office of each member,
except a member of the Legislative Assembly, appointed under subsection (1)(b)
of this section is four years, but a member serves at the pleasure of the
Governor. The term of office of a member of the Legislative Assembly expires at
the end of the term for which the member is elected. Before the expiration of
the term of a member, the Governor shall appoint a successor whose term begins
on July 1 next following. A member is eligible for reappointment. If there is a
vacancy for any cause, the Governor shall make an appointment to become
immediately effective for the unexpired term. [1991 c.956 §2; 1993 c.187 §10;
1995 c.511 §1; 1997 c.520 §§1,1a; 2007 c.740 §26]
401.340 [Amended by 1953 c.394 §10; repealed by 1983
c.586 §49]
401.343
Mission of commission. (1)
The mission of the Seismic Safety Policy Advisory Commission shall be to reduce
exposure to earthquake hazards in
(a) Developing and influencing policy at
the federal, state and local levels;
(b) Facilitating improved public
understanding and encouraging identification of risk;
(c) Supporting research and special
studies;
(d) Supporting appropriate mitigation;
(e) Supporting response and recovery; and
(f) Supporting and assisting in the
coordination of a grant program for the disbursement of funds for seismic
rehabilitation of schools and emergency facilities.
(2) The commission shall utilize and
influence existing agencies and institutions in meeting its goals and is in no
way intended to replace or compete with existing authorities relative to
earthquakes. Emphasis shall be on coordination and linking of existing
resources and authorities.
(3) To improve public understanding of
earthquake hazards, reduce such hazards and mitigate the possible effects of
potentially damaging earthquakes, the commission shall review and advise the
Governor and the Legislative Assembly concerning all plans and proposals
addressing seismic hazards in the areas of:
(a) Any legislative proposals.
(b) Plans and proposals of statewide
impact.
(c) Lists of recommendations for actions
and potential rule changes specifically by state agency. [1991 c.956 §4; 1997
c.520 §2; 2005 c.813 §4]
401.345
Officers; quorum; meetings; compensation and expenses. (1) The Seismic Safety Policy Advisory
Commission shall select one of its members as chairperson and another as vice
chairperson, for two-year terms and with duties and powers necessary for the
performance of the functions of such offices as the commission determines.
(2) A majority of the members of the
commission constitutes a quorum for the transaction of business.
(3) The commission shall meet at least
once every two months at a place, day and hour determined by the commission.
The commission also shall meet at other times and places specified by the call
of the chairperson or of a majority of the members of the commission.
(4) Each member of the commission, except
a member of the Legislative Assembly, appointed under ORS 401.337 (1)(b) shall
receive compensation and expenses as provided in ORS 292.495. A legislative
member shall receive compensation and expenses as provided in ORS 171.072. [1991
c.956 §§5,6,7; 1995 c.511 §2; 1997 c.520 §3]
401.347
Support services. The Office
of Emergency Management shall provide technical, clerical and other necessary
support services to the Seismic Safety Policy Advisory Commission. The
Department of Consumer and Business Services, the Department of Human Services,
the State Department of Geology and Mineral Industries, the Department of Land
Conservation and Development, the Department of Transportation, the Water
Resources Department and the Oregon University System shall provide assistance,
as required, to the commission to enable it to meet its objectives. [1991 c.956
§8; 2007 c.740 §27]
401.350 [Amended by 1953 c.394 §10; repealed by 1983
c.586 §49]
401.353
Advisory and technical committees; expense reimbursement. (1) To aid and advise the Seismic Safety Policy
Advisory Commission in the performance of its functions, the commission may
establish such advisory and technical committees as it considers necessary.
These committees may be continuing or temporary. The commission shall determine
the representation, membership, terms and organization of the committees and
shall appoint their members.
(2) Members of the committees are not
entitled to compensation, but in the discretion of the commission may be
reimbursed from funds available to the commission for actual and necessary
travel and other expenses incurred by them in the performance of their official
duties, subject to ORS 292.495. [1991 c.956 §9]
(Emergency
Service Workers)
401.355
Eligibility of emergency service worker for benefits for injury sustained in
emergency service. (1) An
emergency service worker may apply for and may receive benefits as provided in
ORS 401.355 to 401.465 for injury sustained in emergency service performed
within or without the state:
(a) Where the injury is proximately caused
by or in the course of emergency service, with or without negligence of the
emergency service worker.
(b) Where the injury is not caused by the
voluntary intoxication of the emergency service worker.
(c) Where the injury is not intentionally
self-inflicted.
(2) No emergency service worker or
beneficiary is eligible for benefits under ORS 401.355 to 401.465:
(a) If the emergency service worker is
entitled to receive benefits under the workers compensation laws of this state
or similar statutes in other states or under any disability, retirement or
liability insurance program of the workers regular employer who has
contributed to the cost thereof, or under any federal or local program for
compensation of injuries of public employees, in those cases where the injury
is compensable because it arose out of and in the course of emergency service
duties performed as part of the regular employment of the emergency service
worker.
(b) If the emergency service worker is a
member of a federal emergency management or emergency service agency or an
emergency management or emergency service agency of another state or foreign
nation who is performing emergency services in this state. [Formerly 401.200]
401.360 [Amended by 1953 c.394 §10; repealed by 1983
c.586 §49]
401.365
Registration and qualification of emergency management agencies. All state and local emergency management
agencies may register and qualify to come within the provisions of ORS 401.355
to 401.465. [Formerly 401.205]
401.370 [Amended by 1953 c.394 §10; repealed by 1983
c.586 §49]
401.375
Emergency service defined; service not in violation of child labor laws. Emergency service shall not be deemed
employment in violation of any laws of this state relating to labor by minors. Emergency
service includes all activities authorized and carried on pursuant to ORS
401.015 to 401.107, 401.257 to 401.325 and 401.355 to 401.584, including such
training as is necessary and proper to engage in such activities. [Formerly
401.210]
401.380 [1953 c.394 §8; 1959 c.403 §1; 1983 c.586 §39;
renumbered 401.535]
401.385
Record of enrollment of emergency service workers. Each emergency program manager of an
emergency management agency shall maintain a record of enrollment of emergency
service workers who are personnel of the agency. Each record shall contain the
name and address of the worker, the name of the employer of the worker, date of
enrollment and authorized classification of assignment to duty, including the
times of assigned duty, as well as changes in enrollment. The record forms
shall be supplied by the Office of Emergency Management. Records of membership
in the Oregon State Defense Force shall be maintained by the Military
Department of the State of
401.395
Benefits for injury sustained in emergency service. If an emergency service worker sustains an
injury, benefits shall be paid in the same manner as provided for injured
workers under the workers compensation laws of this state, except that:
(1) If the injury results in temporary
partial disability, no benefits shall accrue to the injured emergency service
worker on account of loss of wages due to such disability.
(2) Costs of rehabilitation services to
emergency service workers with disabilities shall be paid from funds
specifically appropriated therefor in an amount approved by the Office of
Emergency Management, which shall be the reasonable and necessary cost of such
services, including services of a physician or rehabilitation facility
specially qualified to render rehabilitation services. Expenses of
rehabilitation may include travel, board and room, when necessary.
(3) The maximum amount payable for
medical, surgical or hospital expenses, compensation and rehabilitation on any
one claim shall not exceed $20,000. [Formerly 401.220; 1993 c.187 §12; 2007
c.70 §157]
401.405
Benefits not assignable; exempt from execution, attachment and garnishment. No benefits payable under ORS 401.355 to
401.465 are subject to assignment prior to their receipt by the person entitled
thereto, nor shall they pass by operation of law. These benefits and the right
to receive them are also exempt from seizure on execution, attachment or
garnishment, or by the process of any court. [Formerly 401.225]
401.410 [1967 c.480 §1; repealed by 1983 c.586 §49]
401.415
Benefits as exclusive remedy.
The filing of claims for benefits under ORS 401.355 to 401.465 is the exclusive
remedy of an emergency service worker or beneficiary for injuries compensable
under ORS 401.355 to 401.465 against the state or its political subdivision or
any emergency management agency or other person acting under governmental
authority in furtherance of emergency service activities, regardless of
negligence. [Formerly 401.230]
401.420 [1967 c.480 §2; repealed by 1983 c.586 §49]
401.425
Claims for benefits. (1)
Claims for benefits under ORS 401.355 to 401.465 shall be filed by application
with the Office of Emergency Management in the manner provided by rules of the
office.
(2) The right to benefits under ORS
401.355 to 401.465 shall be barred unless written claim is filed with the
office within 90 days after the injury, or, if death results therefrom, within
90 days after death. However, if death occurs more than one year after the
injury, the right shall be barred unless prior written claim based on the
injury has been timely filed. The requirements of this subsection may be waived
by the office on the ground that, for good and sufficient reason, claim could
not be filed on time. [Formerly 401.235; 1993 c.187 §13; 2007 c.740 §28]
401.430 [1967 c.480 §3; repealed by 1983 c.586 §49]
401.435
Appeal. Any question of law
or fact may be appealed to the circuit court of the county where the injury
occurred within 30 days from the date of mailing of the final decision by the
Office of Emergency Management, if the emergency service worker is dissatisfied
with the final decision. [Formerly 401.240; 1993 c.187 §14]
401.440 [1967 c.480 §4; repealed by 1983 c.586 §49]
401.445
Allocation of necessary funds.
If funds are not available to the Office of Emergency Management to pay claims
approved under ORS 401.355 to 401.465, the Oregon Military Department shall
request allocation of necessary funds from the Emergency Board if the
unavailability occurs during the interim between sessions of the Legislative
Assembly. If the unavailability occurs during a session, the department shall
request the Joint Committee on Ways and Means to submit legislation necessary
to provide such funds. [Formerly 401.245; 1993 c.187 §15; 2007 c.740 §29]
401.450 [1967 c.480 §5; repealed by 1983 c.586 §49]
401.455
Benefits limited by availability of funds; priority among claimants. Liability of the State of
401.460 [1967 c.480 §6; repealed by 1983 c.586 §49]
401.465
Obtaining public or private insurance with available funds. Funds available for purposes of ORS 401.355
to 401.465 may be used to effect insurance or reinsurance with any authority or
instrumentality, public or private, or otherwise to distribute the liability
for compensation payable to emergency service workers. [Formerly 401.255; 1993
c.187 §16]
401.470 [1967 c.480 §7; repealed by 1983 c.586 §49]
(Miscellaneous)
401.480
Cooperative assistance agreements. The state, counties and cities may, in collaboration with public and
private agencies, enter into cooperative assistance agreements for reciprocal
emergency aid and resources. [1983 c.586 §15]
401.485
Leaves of absence for disaster relief volunteers; requirements; maximum period;
effect on status of employees.
(1) State agencies and political subdivisions described in ORS 243.325 (2) to
(6) may grant leaves of absence to any public employee who is a certified
disaster services volunteer of the American Red Cross to participate in
disaster relief services in the State of
(2) As used in this section, disaster
means those disasters designated at level II and above by the American Red
Cross. [1995 c.70 §1]
Note: 401.485 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 401 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
401.490
Mutual use of supplies and services. In carrying out the provisions of ORS 401.015 to 401.107, 401.257 to
401.325 and 401.355 to 401.584, the Governor and the executive officers or
governing bodies of the counties and cities may request and utilize the
services, equipment, supplies and facilities of existing departments, offices
and agencies of the state and of local governments. The officers and personnel
of all local government departments, offices and agencies may cooperate with,
and extend such services and facilities to the Governor, to the Office of
Emergency Management and to emergency management agencies and emergency service
agencies upon request. [1983 c.586 §16]
401.500
Reimbursement by state for services provided by local government employees. The state shall reimburse a local government
for the compensation paid and the actual and necessary travel, subsistence and
maintenance expenses of employees of the local government while actually
serving at the direction of the Governor or the Director of the Office of
Emergency Management in a state function or capacity. [1983 c.586 §17]
401.505
Acceptance of aid for emergency services. Whenever any organization, agency, person, firm, corporation or
officer thereof offers to the state or to any county or city, services,
equipment, supplies, material or funds by way of gift, grant or loan for purposes
of emergency program management or emergency services, the state, acting
through the Governor, or the county or city, acting through its executive
officer or governing body, may accept the offer. Upon acceptance, the Governor
or executive officer or governing body of a county or city, as the case may be,
may authorize any officer thereof to receive the services, equipment, supplies,
materials or funds on behalf of the state, county or city, subject to the terms
of the offer and any rules of the agency making the offer. [1983 c.586 §19]
401.510 [Repealed by 1983 c.586 §49]
401.515
Nonliability for emergency services; exception; emergency service workers as
agents of state or local governments. (1) During the existence of an emergency, the state and any local
government, any agent thereof or emergency service worker engaged in any
emergency services activity, while complying with or attempting to comply with
ORS 401.015 to 401.107, 401.257 to 401.325 and 401.355 to 401.584 or any rule
adopted under those sections, is not, except in cases of willful misconduct,
gross negligence or bad faith, liable for the death or injury of any person, or
damage or loss of property, as a result of that activity.
(2) There shall be no liability on the
part of a person who owns or maintains any building or premises which has been
designated by any emergency management agency or emergency service agency or
any public body or officer of this state or the United States as a fallout
shelter or a shelter from destructive operations or attacks by enemies of the
United States for the death of or injury to any individual or damage to or loss
of property while in or upon the building or premises as a result of the
condition of the building or premises or as a result of any act or omission,
except willful misconduct, gross negligence or bad faith of such person or the
servants, agents or employees of the person when the dead or injured individual
entered or went on or into the building or premises for the purpose of seeking
refuge therein during or in anticipation of destructive operations or attacks
by enemies of the United States or during tests ordered by lawful authority.
(3) The provisions of ORS 401.015 to
401.107, 401.257 to 401.325 and 401.355 to 401.584 do not affect the right of
any person to receive benefits or compensation to which the person would
otherwise be entitled under ORS 401.015 to 401.107, 401.257 to 401.325 and
401.355 to 401.584, under ORS chapter 656, under any pension or retirement law
or under any act of Congress.
(4) Emergency service workers, in carrying
out, complying with or attempting to comply with any order or rule issued under
ORS 401.015 to 401.107, 401.257 to 401.325 and 401.355 to 401.584 or any local
ordinance, or performing any of their authorized functions or duties or
training for the performance of their authorized functions or duties, shall
have the same degree of responsibility for their actions and enjoy the same
immunities as officers and employees of the state and its local governments
performing similar work.
(5) This section does not excuse any
governmental agency from liability for intentional confiscation or intentional
destruction of private property.
(6) A person who complies with a lawful
order of the Governor under ORS 401.015 to 401.107, 401.257 to 401.325 and
401.355 to 401.584 incurs no liability for damages resulting from compliance.
(7)(a) An officer, employee or agent of
the federal government or another state, or an agency or political subdivision
of another state, who is accepted by the Office of Emergency Management to act
as an emergency service worker is an agent of this state for the purposes of
this section and ORS 30.260 to 30.300.
(b) An officer, employee or agent of the
federal government or another state, or an agency or political subdivision of
another state, who is accepted by a local government emergency management
agency to act as an emergency service worker is an agent of the local
government emergency management agency for the purposes of this section and ORS
30.260 to 30.300. [1983 c.586 §20; 2005 c.825 §12]
401.520 [Repealed by 1983 c.586 §49]
401.525
Use of moneys and property for emergency services authorized. (1) The expenditure of necessary money and
use of state property by any agency in performing duties in an emergency is
authorized. Moneys so expended shall be deemed an administrative expense of the
agency.
(2) If the Governor finds that funds
regularly appropriated to state and local governments are not sufficient to
cope with a particular emergency, the Governor may, with the concurrence of the
Joint Committee on Ways and Means or the Emergency Board, when the Legislative
Assembly is not in session, transfer and expend moneys appropriated for other
purposes. [1983 c.586 §21]
401.530 [Amended by 1983 c.586 §39a; renumbered
401.115]
401.535
Emergency Management Revolving Account; source; use. There is created in the General Fund in the
State Treasury an account to be known as the Emergency Management Revolving
Account. All contributions, grants-in-aid or other moneys received or collected
by the Office of Emergency Management, and any other funds contributed, granted
or appropriated for transfer to the revolving account under authority of law
shall be placed in the General Fund and credited to the Emergency Management
Revolving Account. Moneys in the Emergency Management Revolving Account are
continuously appropriated to the Office of Emergency Management for the purpose
of this section. The office may use the revolving account to pay for the
purchase of organizational and mobile support equipment and surplus property,
for shelter construction, administration and personal services, when the
purchase or expense is incurred pursuant to the offices agreements with the
federal government, other state agencies or political subdivisions of the
state. [Formerly 401.380; 1993 c.187 §17; 2005 c.755 §30; 2007 c.740 §30]
401.537 [1991 c.310 §4; renumbered 455.448 in 1995]
EMERGENCY
RESPONSE DRILLS
401.538
State and local agency emergency response drills. (1) Each state or local agency shall drill
agency employees working in office buildings on emergency procedures so that
the employees may respond to an earthquake emergency without confusion or
panic. The agencies shall conduct the drills in accordance with Office of
Emergency Management rules. The drills must include familiarization with routes
and methods of exiting the building and methods of duck, cover and hold
during an earthquake. An agency shall conduct the drills annually. The Office
of Emergency Management may, by rule or on application, grant exemptions from
the drill requirement for good cause.
(2) As used in this section, state or
local agency means a state or local office, department, division, bureau,
board or commission that is assigned, renting, leasing, owning or controlling
office space for carrying out its duties. State or local agency includes the
Legislative Assembly when in regular session. [2001 c.366 §1]
Note: 401.538 to 401.546 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
401 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
401.539 [1991 c.310 §5; renumbered 455.449 in 1995]
401.540 [Repealed by 1983 c.586 §49]
401.543
Private employer emergency response drills; exemptions. A person employing 250 or more full-time
employees within this state shall drill employees working in office buildings
on emergency procedures so that the employees may respond to an earthquake
emergency without confusion or panic. The person shall conduct the drills in
accordance with Office of Emergency Management rules. The drills must include
familiarization with routes and methods of exiting the building and methods of duck,
cover and hold during an earthquake. The employer shall conduct the drills
annually during the month of April. The Office of Emergency Management may, by
rule or on application, grant exemptions from the drill requirement for good
cause. [2001 c.366 §2]
Note: See note under 401.538.
401.546
Conduct of earthquake emergency drills; rules. The Office of Emergency Management, in
consultation with the State Department of Geology and Mineral Industries, shall
adopt rules governing the conduct of earthquake emergency drills required by
ORS 401.538 and 401.543. In addition to the office submitting the rules for
publication pursuant to ORS 183.360, the office and the department shall each
post the rules on an electronic bulletin board, home page or similar site. [2001
c.366 §3]
Note: See note under 401.538.
SEARCH AND
RESCUE
(Generally)
401.550
Search and Rescue Coordinator; appointment; duties. The Director of the Office of Emergency
Management shall appoint a Search and Rescue Coordinator to:
(1) Coordinate the search and rescue
function of the Office of Emergency Management;
(2) Coordinate the activities of state and
federal agencies involved in search and rescue;
(3) Establish liaison with the Oregon
State Sheriffs Association and other public and private organizations and
agencies involved in search and rescue;
(4) Provide on-scene search and rescue
coordination when requested by an authorized person;
(5) Coordinate and process requests for
the use of emergency service workers and equipment;
(6) Assist in developing training and
outdoor education programs;
(7) Gather statistics in search and rescue
operations; and
(8) Gather and disseminate resource
information of personnel, equipment and materials available for search and
rescue. [1983 c.586 §23; 1993 c.18 §93]
401.555
Program for air search and rescue. The Office of Emergency Management shall establish and maintain a
program for the air search and rescue of lost aircraft and persons and for the
air support of other emergency situations. The program established under this
section may include, but is not limited to, the following:
(1) The formation of a volunteer air
search and rescue organization and provision of appropriate training to this
organization.
(2) Directing, coordinating and performing
air activities in conjunction with air search and rescue and other emergency
situations.
(3) Entering into agreements with private
persons, volunteer organizations, and federal, state and local agencies for air
search and rescue and other emergency activities.
(4) Such other related activities as may
be deemed necessary and appropriate by the Director of the Office of Emergency
Management. [Formerly 835.075; 2007 c.740 §31]
401.560
Search and rescue activities; responsibilities of sheriff; delegation of
sheriffs duties. (1) The
sheriff of each county has the responsibility for search and rescue activities
within the county. The duty of a sheriff under this subsection may be delegated
to a qualified deputy or emergency service worker.
(2) If the sheriff does not accept the
responsibility for search and rescue activities, the chief executive of the
county shall designate the county emergency program manager to perform the
duties and responsibilities required under ORS 401.015 to 401.107, 401.257 to 401.325
and 401.355 to 401.584.
(3) The sheriff, or individual authorized
under subsection (1) or (2) of this section, of each county shall notify the
Office of Emergency Management of each search and rescue in the county and
shall request the assignment of incident numbers therefor.
(4) When search and rescue activities
occur in a multicounty area:
(a) The sheriff, or the authorized
individual described in subsection (3) of this section, of one county shall
take charge or the counties shall form a unified command, as outlined in the
National Incident Management System Incident Command System established by
Homeland Security Presidential Directive 5 of February 28, 2003; or
(b) If the appropriate sheriff or the
authorized individual does not assume command as described in paragraph (a) of
this subsection, the sheriff who received the initial call shall take charge of
the multicounty search and rescue. [1983 c.586 §25; 1993 c.187 §18; 2007 c.530 §1]
401.570
Restriction of access to search and rescue area. The sheriff of each county, the county
emergency program manager performing the sheriffs duties under ORS 401.560 or
duly assigned military or state police personnel may restrict access to a
specific search and rescue area. No unauthorized person shall then enter into a
restricted area or interfere with a search and rescue. Provision shall be made
for reasonable access by members of the media in the performance of
newsgathering and reporting. Access shall be restricted for a reasonable period
of time necessary to accomplish the search and rescue. [1983 c.586 §24; 1993
c.187 §19]
401.573
County sheriff to adopt search and rescue plan; contents; annual review. (1) The sheriff of each county shall adopt a
search and rescue plan for the county. The search and rescue plan shall set
forth search and rescue policies, including policies for implementation of
multicounty search and rescue activities, for the county that comply with the
relevant provisions of the National Incident Management System Incident Command
System established by Homeland Security Presidential Directive 5 of February
28, 2003, and shall describe procedures for implementing those policies. A
county search and rescue plan shall list and describe materials, mutual aid
agreements, equipment and personnel available within the county for search and
rescue incidents. The plan shall also include:
(a) A detailed description of activities
and circumstances that constitute search and rescue in the county.
(b) Identification of volunteer
organizations available to the county for use for search and rescue.
(c) Procedures for contacting and
requesting assistance from volunteer organizations during search and rescue
activities.
(d) Procedures for contacting and
requesting available assistance from other agencies and groups.
(e) Minimum standards for individuals
whose technical or professional skills may be required for search and rescue.
(2) A county search and rescue plan
adopted under this section shall require a person in charge of a search and
rescue to complete a fact sheet for the incident. The fact sheet shall contain
the incident number assigned under ORS 401.580 for search and rescue and such
other information required under the search and rescue plan of the county.
(3) The sheriff of each county shall
review and, if necessary or desirable, revise the search and rescue plan
annually. After the initial adoption of a search and rescue plan under this
section and after each annual review or revision of the plan, the sheriff shall
submit the plan to the Search and Rescue Coordinator appointed under ORS
401.550.
(4) The Office of Emergency Management,
after consultation with the Oregon State Sheriffs Association, may establish
guidelines for county search and rescue plans.
(5) The Office of Emergency Management
shall annually publish and distribute to the sheriff of each county a search
and rescue resource inventory, which shall include materials, equipment and
personnel available from counties, agencies and the State of
401.576
Critique of search and rescue incident; filing amended search and rescue plan
with Office of Emergency Management. (1) After a search and rescue, the sheriff of the county in which the
search and rescue took place shall conduct a critique of the incident:
(a) If, in the opinion of the sheriff, the
critique would be useful; or
(b) Upon request from an individual
directly involved in the incident.
(2) As part of the critique, the sheriff
shall examine the search and rescue report and may receive testimony and
information from persons involved in the incident.
(3) When a critique of a search and rescue
is conducted under this section, the sheriff shall prepare findings of fact
concerning the search and rescue, including the investigatory component, and
may prepare recommendations for the conduct of future incidents or propose
amendments to the search and rescue plan under which the search and rescue was
conducted.
(4) If amendments to the search and rescue
plan are proposed and adopted, the sheriff shall file the amended search and
rescue plan with the Office of Emergency Management.
(5) The office shall, in consultation with
the Oregon State Sheriffs Association, develop a standardized critique form to
be used in the search and rescue critiques performed by a sheriff under this
section. [1985 c.470 §3; 1993 c.187 §21; 2007 c.530 §3]
401.580
Search and rescue incident number. (1) An incident number shall be assigned to each search and rescue
reported by an authorized person under ORS 401.015 to 401.107, 401.257 to
401.325 and 401.355 to 401.584.
(2) The incident number assigned shall be
referenced for:
(a) The payment of workers compensation
benefits for those persons participating in search and rescue activities; and
(b) The dispatch and request for state,
federal and cooperative assistance resources. [1983 c.586 §26; 1993 c.187 §22]
401.582
Investigative subpoena. (1)
If a peace officer has probable cause to believe that an individual is missing
and in danger, the officer may request that the Attorney General, a district
attorney, a city or county attorney or a circuit court judge execute in writing
and cause to be served an investigative subpoena upon an individual who is
believed, by the Attorney General, the district attorney, the city or county
attorney or circuit court judge, to have information, documents or physical
evidence that may be useful in locating the missing person.
(2) The investigative subpoena requires
the person, under oath or otherwise, to appear and testify, to answer written
interrogatories or to produce documents or physical evidence for examination,
at a reasonable time and place as may be stated in the subpoena, to further the
investigation into the whereabouts of the missing individual.
(3) Information, documents or physical
evidence obtained pursuant to this section may not be used for criminal
investigation or prosecution.
(4) This section does not alter the status
of information, documents or physical evidence disclosed. Notwithstanding
disclosure for the purpose of locating a missing individual, confidential
information, documents or physical evidence retain their confidential status. [2007
c.530 §4]
401.584
Leave of absence from employment for search and rescue volunteer. (1) As used in this section:
(a) Employee means an individual, other
than a copartner of the employer or an independent contractor, who renders
personal services in this state to an employer that pays or agrees to pay wages
or other compensation to the individual for those services.
(b) Employer means a person who employs
one or more employees in this state. Employer includes the State of
(2) Upon request of an employee who is a
search and rescue volunteer accepted to participate in search and rescue
activities by the sheriff, an employer may grant a leave of absence to the
employee until release from the search and rescue activities permits the
employee to resume the duties of employment.
(3) The regular employment position of an
employee on leave of absence under this section is considered vacant only for
the period of the leave of absence. The employee is not subject to removal or
discharge from the position as a consequence of the leave of absence.
(4) Upon the termination of a leave of
absence under this section, the employer shall restore the employee to the
employees position or an equivalent position without loss of seniority,
vacation credits, sick leave credits, service credits under a pension plan or
any other employee benefit or right that had been earned at the time of the
leave of absence.
(5) An employer is not required to pay
wages or other monetary compensation to an employee during a leave of absence
under this section. [2007 c.530 §5]
401.590
Reimbursement of public body for search and rescue by benefited persons;
amount; exceptions. (1) A
public body may collect an amount specified in this section as reimbursement
for the cost of search and rescue activities when the public body conducts
search and rescue activities for the benefit of hikers, climbers, hunters and
other users of wilderness areas or unpopulated forested or mountainous
recreational areas in this state.
(2) The public body may collect moneys as
authorized by this section from each person for whose benefit search and rescue
activities are conducted. The public body may not collect more than $500 from
an individual under this section and may not collect more than the actual cost
of the search and rescue activities from all of the individuals for whose
benefit the activities are conducted.
(3) A public body may obtain reimbursement
under this section only when:
(a) Reasonable care was not exercised by
the individuals for whose benefit the search and rescue activities are
conducted; or
(b) Applicable laws were violated by such
individuals.
(4) Any individual who is charged a fee
for reimbursement under this section may appeal the charge or the amount of the
fee to the public body that charged the fee.
(5) For the purposes of subsection (3) of
this section, evidence of reasonable care includes:
(a) The individuals possessed experience
and used equipment that was appropriate for the known conditions of weather and
terrain.
(b) The individuals used or attempted to
use locating devices or cellular telephones when appropriate.
(c) The individuals notified responsible
persons or organizations of the expected time of departure and the expected
time of return and the planned location or route of activity.
(d) The individuals had maps and
orienteering equipment and used trails or other routes that were appropriate
for the conditions.
(6) As used in this section, public body
means any unit of state or local government that conducts or has authority to
conduct search and rescue activities. [1995 c.570 §1]
Note: 401.590 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 401 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
401.600 [1975 c.624 §4; repealed by 1983 c.586 §49]
(Equipment
and Signaling Devices)
401.605
Definitions for ORS 401.605 to 401.627. As used in ORS 401.605 to 401.627:
(1) Electronic signaling device
includes, but is not limited to, a system consisting of an instrument which
emits a radio signal, designed to be carried on the person, an instrument for
locating the source of such signal, designed to be utilized by searchers and
such instruments as may be employed for testing and maintaining the same.
(2) Inherent risks of wilderness travel
and mountain climbing includes, but is not limited to, those dangers or
conditions, the risk of which is an integral part of these activities, such as
becoming lost, incapacitated or for some other reason being unable to return
safely without outside assistance. Inherent risks include the activities
associated with search and rescue, due to the unpredictable circumstances under
which search and rescue operations are conducted.
(3) Wilderness travel includes, but is
not limited to, travel in areas not served by roads suitable for ordinary motor
vehicles, whether or not such areas have been officially designated as
wilderness areas. [1987 c.915 §1; 1993 c.18 §95]
Note: 401.605 to 401.627 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
401 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
401.610 [1975 c.624 §5; repealed by 1983 c.586 §49]
401.615
Assumption of risk of wilderness travel or mountain climbing; use and effect of
signal devices. (1) In
accordance with ORS 31.600 and notwithstanding ORS 31.620 (2), an individual
who engages in wilderness travel or mountain climbing accepts and assumes the
inherent risks of wilderness travel or mountain climbing.
(2) The Legislative Assembly recognizes
that the use of electronic signaling devices can aid in locating wilderness
travelers or mountain climbers who require search and rescue, but that the use
of such devices may be required in unpredictable circumstances which may not
result in successful function of such devices. [1987 c.915 §2]
Note: See note under 401.605.
401.620 [1975 c.624 §6; renumbered 401.335]
401.625
Required equipment when guiding children above timberline. A person who guides for compensation an
organized group that includes children under 18 years of age on any mountain
above the timberline must carry an altimeter, a contour map of the area and a
compass. [1987 c.915 §4]
Note: See note under 401.605.
401.627
Exemption from liability for electronic signaling device; exceptions. A person may not maintain an action against
the manufacturer, distributor or supplier of an electronic signaling device for
any loss or damage incurred during wilderness travel or mountain climbing, based
on a claim that the device failed to function successfully unless the person
shows that the failure resulted from:
(1) Willful or wanton misconduct of the
defendant; or
(2) The defendants distributing or
supplying the device having actual knowledge that the device is unsuitable for
the purpose. [1987 c.915 §3; 2007 c.530 §8]
Note: See note under 401.605.
401.630 [1975 c.624 §7; renumbered 401.125]
401.635 [1987 c.915 §5; 1993 c.18 §96; repealed by
2007 c.530 §7]
GOVERNORS
NONEMERGENCY AUTHORITY TO ASSIGN COUNTY, CITY OR DISTRICT RESOURCES
401.638
Assignment by Governor of local resources under direction of State Fire
Marshal. (1) The Governor
may assign and make available for use and duty in any county, city or district,
under the direction and command of the State Fire Marshal or a designee of the
State Fire Marshal, any personnel or equipment resources of a county, city or
district for the purpose of responding to the structural collapse, or the
threat of imminent structural collapse, of a fixture to real property. This
section does not authorize the Governor to assign and make available the
fire-fighting resources of a fire district that possesses only one
self-propelled pumping unit.
(2) The Governor may assign and make
available local resources under this section without declaring a state of
emergency and without regard to the criteria established in ORS 401.015 for
assuming authority or responsibility for responding to an event. The State Fire
Marshal, or a designee of the State Fire Marshal, may direct and command the
use of the local resources made available by the Governor under this section
regardless of whether the county, city or district to which the resources are
made available has declared a state of emergency under ORS 401.309.
(3) The State Fire Marshal shall prepare
plans for effectively carrying out this section and shall provide advice and
counsel to the Governor for the most practical utilization of local resources
under this section. [2005 c.651 §1]
Note: 401.638 to 401.645 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
401 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
401.639
Powers and duties of local personnel acting under direction of State Fire
Marshal. If county, city or
district personnel are assigned and used under ORS 401.638 to respond to a
structural collapse or threat of imminent structural collapse in another
county, city or district, the personnel have the same powers, duties, rights,
privileges and immunities as they have when performing their duties in the
county, city or district in which they are normally employed. [2005 c.651 §2]
Note: See note under 401.638.
401.640 [1975 c.624 §11; renumbered 401.135]
401.641
Liability for expenses incurred and for loss or damage to local equipment;
filing claim. (1) If county,
city or district equipment is assigned and used under ORS 401.638 to respond to
a structural collapse or threat of imminent structural collapse in another
county, city or district, the state:
(a) Is liable for any resulting loss of,
or damage to, the equipment.
(b) Shall pay any expense incurred by the
responding county, city or district for transportation, performance or maintenance
of the equipment.
(2) A claim for loss, damage or expense
under subsection (1) of this section must be filed within 60 days after the
loss, damage or expense is incurred, or within any extension of time for filing
the claim granted by the Department of State Police. The claim must include an
itemized notice of the claim, signed under oath, and be served by mail or
personally upon the department. An accepted claim for loss, damage or expense
shall be payable from moneys made available under ORS 401.355 to 401.465. [2005
c.651 §3]
Note: See note under 401.638.
401.643
Liability for expenses incurred using local personnel. If county, city or district personnel are
assigned and used under ORS 401.638 to respond to a structural collapse or
threat of imminent structural collapse in another county, city or district and
the response prevents the personnel from performing their duties in the county,
city or district in which the personnel are normally employed, the state shall
reimburse the county, city or district supplying the personnel for the
compensation paid to the personnel during the response. The state shall also
defray the actual travel and maintenance expenses for responding personnel
incurred as a result of the response. [2005 c.651 §4]
Note: See note under 401.638.
401.645
Immunity from liability for local personnel acting in line of duty; exception. Personnel assigned under ORS 401.638, the
state or a county, city or district is not liable for any injury to person or
property resulting from the performance of any duty under ORS 401.638 or an
assignment, use or response under ORS 401.638. However, this section does not
confer immunity from liability for injury to person or property resulting from
intentional misconduct or gross negligence. The immunity from liability
provided to responding personnel under this section is in addition to any
immunity available to responding personnel under ORS 401.639. [2005 c.651 §5]
Note: See note under 401.638.
401.650 [1975 c.624 §§8,9,10; renumbered 401.145]
EMERGENCY
HEALTH CARE SERVICES
401.651
Definitions for ORS 401.651 to 401.670. As used in ORS 401.651 to 401.670:
(1) Health care facility means a health
care facility as defined in ORS 442.015 that has been licensed under ORS
chapter 441.
(2) Health care provider means an
individual licensed, certified or otherwise authorized or permitted by the laws
of this state to administer health care services in the ordinary course of
business or practice of a profession. [2003 c.298 §2]
401.654
Registry of emergency health care providers. (1) The Department of Human Services may establish a registry of
emergency health care providers who are available to provide health care
services during an emergency or crisis. The department may require training
related to the provision of health care services in an emergency or crisis as a
condition of registration.
(2) The department shall issue
identification cards to health care providers included in the registry
established under this section that:
(a) Identify the health care provider;
(b) Indicate that the health care provider
is registered as an
(c) Identify the license or certification
held by the health care provider; and
(d) Identify the health care providers
usual area of practice if that information is available and the department
determines that it is appropriate to provide that information.
(3) The department by rule shall establish
a form for identification cards issued under subsection (2) of this section.
(4) The department shall support and
provide assistance to the Office of Emergency Management in emergencies or
crises involving the public health or requiring emergency medical response. [2003
c.298 §3]
401.657
Emergency health care facility; emergency operations plan; credentialing plan;
rules. (1) The Department of
Human Services may designate all or part of a health care facility or other
location as an emergency health care center. Upon the Governor declaring a
state of emergency under ORS 401.055, or proclaiming a state of public health
emergency after determining that a threat to the public health is imminent and
likely to be widespread, life-threatening and of a scope that requires
immediate medical action to protect the public health, emergency health care
centers may be used for:
(a) Evaluation and referral of individuals
affected by the emergency;
(b) Provision of health care services; and
(c) Preparation of patients for
transportation.
(2) The department may enter into
cooperative agreements with local public health authorities that allow local
public health authorities to designate emergency health care centers under this
section.
(3) An emergency health care center
designated under this section must have an emergency operations plan and a
credentialing plan that governs the use of emergency health care providers
registered under ORS 401.654 and other health care providers who volunteer to
perform health care services at the center under ORS 401.651 to 401.670. The
emergency operations plan and credentialing plan must comply with rules
governing those plans adopted by the department. [2003 c.298 §4; 2007 c.445 §39]
401.660 [1975 c.624 §12; 1983 c.586 §40; renumbered
401.155]
401.661
Voluntary provision of health care services. Upon the Governor declaring a state of emergency under ORS 401.055, or
proclaiming a state of public health emergency after determining that a threat
to the public health is imminent and likely to be widespread, life-threatening
and of a scope that requires immediate medical action to protect the public
health:
(1) The Department of Human Services may
direct emergency health care providers registered under ORS 401.654 who are
willing to provide health care services on a voluntary basis to proceed to any
place in this state where health care services are required by reason of the
emergency or crisis; and
(2) Any emergency health care provider
registered under ORS 401.654 or other health care provider may volunteer to
perform health care services described in ORS 401.657 at any emergency health
care center or health care facility in the manner provided by ORS 401.664. [2003
c.298 §5; 2007 c.445 §40]
401.664
Emergency operations plan; credentialing plans. (1) Emergency health care providers
registered under ORS 401.654 and other health care providers who volunteer to
perform health care services under ORS 401.651 to 401.670 must provide those
services in accordance with the emergency operations plan and credentialing
plan adopted by the emergency health care center or by the health care facility
at which the services are rendered.
(2) An emergency health care center or
health care facility may determine the services to be provided by any emergency
health care provider registered under ORS 401.654 or other health care provider
who volunteers to perform health care services under ORS 401.651 to 401.670. [2003
c.298 §6]
401.667
Agency of emergency health care providers and emergency health care facilities
for purposes of ORS 30.260 to 30.300; rules. (1) Emergency health care providers registered under ORS 401.654 and
other health care providers who volunteer to perform health care services
without compensation under ORS 401.651 to 401.670 are agents of the state under
ORS 30.260 to 30.300 for the purposes of any claims arising out of those
services.
(2) Health care facilities and other
persons operating emergency health care centers designated under ORS 401.657
are agents of the state under ORS 30.260 to 30.300 for the purposes of any
claims arising out of services provided without compensation through those
centers or facilities under ORS 401.651 to 401.670.
(3) An emergency health care provider
registered under ORS 401.654 participating in training authorized by the
Department of Human Services under ORS 401.651 to 401.670 is an agent of the
state under ORS 30.260 to 30.300 for the purposes of any claims arising out of
that training.
(4) The provisions of subsections (1) and
(2) of this section apply only to emergency health care centers or health care
facilities that have adopted emergency operations plans and credentialing plans
that govern the use of emergency health care providers registered under ORS
401.654 and other health care providers who volunteer to perform health care
services under ORS 401.651 to 401.670. An emergency operations plan and a
credentialing plan must comply with rules governing those plans adopted by the
Department of Human Services. [2003 c.298 §7]
401.670
Rules. The Department of
Human Services shall adopt all rules necessary for the implementation of ORS
401.651 to 401.670. [2003 c.298 §8]
EMERGENCY
TELECOMMUNICATIONS SYSTEMS
401.706
Policy; deployment of broadband telecommunications services. It is the policy of the State of Oregon to
encourage and support the rapid deployment of broadband telecommunications
services in areas of the state where such services do not exist, to support
redundancy of critical telecommunications assets in order to ensure homeland
security protections in the state and to ensure that a secure conduit is available
for emergency communications and public safety networks in all Oregon
communities. [2003 c.556 §1]
Note: 401.706 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 401 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
401.710
Definitions for ORS 305.823 and 401.710 to 401.816. As used in ORS 305.823 and 401.710 to
401.816, unless the context requires otherwise:
(1) Account means the Emergency
Communications Account.
(2) Central office means a utility that
houses the switching and trunking equipment serving telephones in a defined
area.
(3) Department means the Department of
Revenue.
(4) Emergency call means a telephone
request that results from a situation where prompt service is essential to
preserve human life or property.
(5) Enhanced 9-1-1 telephone service
means 9-1-1 telephone service consisting of a network, database and on-premises
equipment that provides automatic display at the designated public safety
answering point of the address and telephone number at the time of receiving an
incoming 9-1-1 call.
(6) Exchange access services means:
(a) Telephone exchange access lines or
channels that provide local access by a subscriber in this state to the local
telecommunications network to effect the transfer of information; and
(b) Unless a separate tariff rate is
charged therefor, any facility or service provided in connection with the
services described in paragraph (a) of this subsection.
(7) Governing body means the board of
county commissioners of a county, city council of a city, other governing body
of a city or county, board of directors of a special district or a 9-1-1
jurisdiction.
(8) Local government has the meaning
given that term in ORS 190.710.
(9) Provider means a utility or other
vendor or supplier of telecommunications service or equipment that provides
telecommunications with access to the 9-1-1 emergency reporting system through
local exchange service, cellular service or other wired or wireless means.
(10) Public or private safety agency
means any unit of state or local government, a special-purpose district or a
private firm that provides or has authority to provide fire-fighting, police, ambulance
or emergency medical services.
(11) Public safety answering point means
a 24-hour communications facility established as an answering location for
9-1-1 calls originating within a given service area. A primary public safety
answering point receives all calls directly from the public. A secondary
public safety answering point only receives calls from a primary public safety
answering point on a transfer or relay basis.
(12) Subscriber means a person who has
telecommunication access to the 9-1-1 emergency reporting system through local
exchange service, cellular service or other wired or wireless means.
(13) TTY means a telephone-typewriter
used by a person with a hearing or speech impairment to communicate with
another device or individual.
(14) Utility means a utility as defined
in ORS 759.005, a telecommunications carrier as defined in ORS 133.721 or a
municipality or any provider of exchange access services.
(15) Vendor means any corporation,
company, individual or association, providing telephone customer premises
equipment or equipment specific to the operation of enhanced 9-1-1 telephone
service.
(16) 9-1-1 emergency reporting system
means a telephone service that provides the users of a public telephone system
the ability to reach a primary public safety answering point by calling 9-1-1.
(17) 9-1-1 jurisdiction means an entity
created under ORS chapter 190, a county service district established under ORS
chapter 451 to provide an emergency communications system, an emergency
communications district created under ORS 401.818 to 401.857 or a group of
public or private safety agencies who have agreed in writing to jointly plan
the installation, maintenance, operation or improvement of a 9-1-1 emergency
reporting system.
(18) 9-1-1 service area means the
geographical area that contains the entire central office serving area from
which the primary public safety answering point will have the capability to
answer calls placed to 9-1-1. [1981 c.533 §1; 1987 c.447 §125; 1987 c.525 §5;
1987 c.671 §15; 1989 c.793 §2; 1991 c.743 §1; 1993 c.187 §23; 1995 c.276 §1;
1999 c.1093 §13; 2007 c.70 §158; 2007 c.740 §32]
401.715
Exemption from liability for 9-1-1 providers. No provider or any subsidiary of a provider or any other person that
supplies 9-1-1 emergency reporting system equipment, or enhanced 9-1-1
telephone service equipment or services, or the employees or agents thereof, or
the 9-1-1 jurisdiction or the employees or agents thereof, shall be held
civilly liable for the installation, performance, provision or maintenance of a
9-1-1 emergency reporting system or enhanced 9-1-1 telephone service if the
provider, subsidiary or other supplier, or the employees or agents thereof, or
the 9-1-1 jurisdiction or the employees or agents thereof, act without willful
or wanton conduct. Nothing in this section shall affect any liability a 9-1-1
jurisdiction may have for operator or operator-supervisor negligence in
receiving calls from the public and rendering dispatch services to the public. [1989
c.793 §5; 1991 c.743 §2]
401.720
9-1-1 emergency reporting systems mandatory; requirements; 9-1-1 as primary
emergency number; alternate numbers required; enhancement requirements. (1) The primary emergency telephone number
within the state shall be 9-1-1, but a public or private safety agency shall
maintain both a separate seven-digit secondary emergency number for use by the
telephone company operator and a separate seven-digit nonemergency number.
(2) Every public and private safety agency
in this state shall participate in a 9-1-1 emergency reporting system.
(3) No emergency telephone number other
than 9-1-1 shall be published on the top three-quarters of the emergency
listing page of a telephone book. However, an alternative nonemergency telephone
number for a 9-1-1 jurisdiction may be printed on the top three-quarters of the
emergency listing page of a telephone book. The remainder of the page may be
used to list the
(4) The 9-1-1 emergency reporting system
shall include at a minimum:
(a) A primary public safety answering
point automatically accessible anywhere in the 9-1-1 jurisdiction service area
by calling 9-1-1;
(b) Central dispatch of public and private
safety services in the 9-1-1 service area or relay or transfer of 9-1-1 calls
to an appropriate public or private safety agency; and
(c) Two 9-1-1 circuits from each utility
central office to each primary public safety answering point.
(5) Every public and private safety agency
in this state shall establish or participate in a 9-1-1 emergency reporting system
using enhanced 9-1-1 telephone service before January 1, 2000. In addition to
the requirements set forth in subsection (4) of this section, enhanced 9-1-1
telephone service shall include:
(a) Two call-taker stations with staffing
required for one;
(b) Automatic display at the designated
public safety answering point of the address and telephone number at the time
of receiving an incoming 9-1-1 call;
(c) A network which is developed to
transport address and telephone number information to the designated public
safety answering point automatically upon a person placing a call to 9-1-1; and
(d) Emergency telephone service in which
no more than one call in 100 attempts will receive a busy signal on the first
attempt during the average busiest hour or a minimum of two 9-1-1 circuits to
the primary public safety answering point. [1981 c.533 §2; 1989 c.793 §8; 1991
c.743 §3; 1999 c.241 §1]
401.730
Office of Emergency Management duties and powers; rules. (1) The Office of Emergency Management
shall:
(a) Adopt rules in accordance with ORS
chapter 183 relating to the planning, administration and funding of 9-1-1
emergency reporting systems established pursuant to ORS 401.720.
(b) Upon request of a 9-1-1 jurisdiction,
local government or governing body, assist in planning 9-1-1 emergency
reporting systems. In addition, the office may at the request of a 9-1-1
jurisdiction act as an agent of the 9-1-1 jurisdiction for the purposes of
purchasing and maintaining equipment and services required to fulfill the requirements
of ORS 401.720.
(c) Report biennially to the Legislative
Assembly the progress made in implementing ORS 305.823 and 401.710 to 401.816.
The report shall include financial information concerning all revenues
collected, distributed and expended by state agencies and 9-1-1 jurisdictions,
and all account and subaccount balances, for the purposes of complying with ORS
401.710 to 401.816.
(2) Notwithstanding subsection (1) of this
section, the office shall not require by rule or otherwise that the proposed or
established 9-1-1 emergency reporting system of a 9-1-1 jurisdiction meet any
technical standards in addition to those provided in ORS 401.720.
(3) The office may establish advisory
committees and study groups to study and advise on the planning and
administration of 9-1-1 emergency reporting systems, multijurisdictional 9-1-1
emergency reporting systems and issues impacting 9-1-1 emergency reporting
systems throughout the state. [1981 c.533 §3; 1989 c.793 §9; 1991 c.743 §4]
401.733 [1991 c.743 §24; 1993 c.808 §5; repealed by
1995 c.79 §205]
401.735
Minimum standards for public safety telecommunications personnel; operative
date; training program; rules.
(1) The Office of Emergency Management, by rule, shall adopt minimum standards
for public safety telecommunications personnel, including but not limited to
emergency telephone workers, as defined in ORS 243.736. In developing the
standards, the office shall address the necessary multiagency support,
coordination, planning, administration and ongoing maintenance of a
certification program which includes testing to determine whether workers
subject to the standards are in compliance.
(2) The standards referred to in
subsection (1) of this section shall not become operative until the Board on
Public Safety Standards and Training determines that there has been an adequate
personnel training period to permit compliance with the standards.
(3) The Board on Public Safety Standards
and Training shall develop a recommended training program and a plan for
implementing the training program to provide workers that are subject to the
minimum standards referred to in subsection (1) of this section with the
training necessary to comply with the standards. The implementation plan shall
address the cost considerations of the training program both to state and local
government agencies whose workers are subject to the minimum standards. [1989
c.793 §9a; 1991 c.742 §12]
401.740 [1981 c.533 §4; repealed by 1989 c.793 §17]
401.750 [1981 c.533 §5; 1987 c.447 §127; repealed by
1989 c.793 §17]
401.755
Submission of revised plan; review; cost estimates; approval of plan. (1) Each 9-1-1 jurisdiction shall submit to
the Office of Emergency Management in writing within 30 days any change made to
the 9-1-1 emergency telephone system which alters the final plan or system
description on file with the office. Such changes may include but are not
limited to, the address of the public safety answering point, telephone numbers
used to satisfy requirements set forth in ORS 401.720, director changes,
agencies served by the 9-1-1 jurisdiction and method used to direct the 9-1-1
call once received by the primary public safety answering point.
(2) If an established 9-1-1 jurisdiction
proposes to move its 9-1-1 emergency reporting system from one public safety
answering point to another or a governing body proposes to establish a new
9-1-1 jurisdiction with a new primary public safety answering point and if
either of these proposals will result in control of the 9-1-1 emergency reporting
system by an agency or agencies other than as identified in the final plan
approved by the office under ORS 401.750 (1987 Replacement Part), section 7,
chapter 743, Oregon Laws 1991, or the system description filed with the office
under ORS 401.750 (5) (1987 Replacement Part), the 9-1-1 jurisdiction or
governing body shall submit a plan setting forth these changes to:
(a) The Office of Emergency Management;
(b) Public and private safety agencies in
the 9-1-1 service area; and
(c) Utilities which provide telephone
service in the 9-1-1 service area.
(3) In addition to meeting the
requirements of ORS 401.720 and rules adopted pursuant to ORS 401.730, the plan
shall include a description of all capital and recurring costs for the proposed
9-1-1 emergency reporting system.
(4) The office shall review the revised
plan for compliance with this section, ORS 401.720 and rules adopted pursuant
to ORS 401.730 and, if the office determines that the plan is in compliance,
the office shall approve the plan.
(5) The office shall not approve a plan
submitted under this section unless the plan is accompanied by written approval
of the governing bodies of all public and private safety agencies affected by
or providing service in the 9-1-1 service area. [1989 c.793 §4; 1991 c.743 §8]
401.760 [1981 c.533 §6; 1989 c.793 §10; repealed by
1991 c.743 §22]
401.765
When blocking of telephone numbers prohibited; confidential information;
exemption from liability for supplying information to emergency service
providers; when supplying information not required. (1) Each telecommunications utility or
municipality that provides exchange access service or radio communications
service and that provides automatic telephone number identification to public
safety answering points may not block the number of the calling party from
being forwarded on 9-1-1 calls.
(2) Automatic telephone number
identifications received by public safety answering points are confidential and
are not subject to public disclosure unless and until an official report is
written by the public or private safety agency and that agency does not
withhold the telephone number under ORS 192.410 to 192.505 or other state and
federal laws. Nonpublished and nonlisted telephone numbers may not be included
in official reports of public safety answering points and public and private
safety agencies or otherwise be subject to public disclosure without the
permission of the subscriber.
(3) Any telecommunications utility that in
good faith provides confidential or nonpublic information, including
nonpublished and nonlisted subscriber information, to emergency services
providers who are responding to emergency calls placed to a 9-1-1 or an
enhanced 9-1-1 emergency reporting system or notifying the public of an
emergency is not subject to an action for civil damages as a result thereof.
Nothing in this subsection compels a telecommunications utility to provide
nonpublished and nonlisted subscriber information directly to emergency
services providers or law enforcement agencies prior to placement of an
emergency call to a 9-1-1 or an enhanced 9-1-1 emergency reporting system
without process of law. Any subscriber information acquired by a 9-1-1
jurisdiction for the purpose of enhancing a 9-1-1 emergency reporting system is
not subject to public disclosure and may not be used by other public agencies
except:
(a) To respond to a 9-1-1 call; or
(b) If a telecommunications utility
provides subscriber information to a 9-1-1 jurisdiction or emergency services
provider, the 9-1-1 jurisdiction or emergency services provider may use the
information to notify the public of an emergency by utilizing an automated
telephone notification system. [1991 c.751 §2; 1999 c.1093 §14; 2003 c.382 §1]
401.770
Pay phones to be converted to allow emergency calls without charge. Any person, partnership, corporation,
company or association which provides telephone service through a coin or
credit card operated pay station telephone in an area served by a 9-1-1
emergency reporting system established pursuant to ORS 401.720 shall convert
every coin or credit pay station telephone to permit calling 9-1-1 and O-operator
without depositing a coin or other charge to the caller. Conversion shall be
completed at or before the time the 9-1-1 emergency reporting system is
operational. [1981 c.533 §7; 1985 c.633 §6; 1989 c.793 §11]
401.773
Use of 9-1-1 system by users with hearing or speech impairments. All public safety answering points shall be
capable of receiving 9-1-1 emergency calls from persons with hearing or speech
impairments through a TTY. [1989 c.793 §6; 1995 c.276 §11; 2007 c.70 §159]
401.775
Jurisdictions to provide disaster recovery plan. Each 9-1-1 jurisdiction shall have a
disaster recovery plan prepared for its 9-1-1 emergency reporting system by
January 1, 1992. The disaster recovery plan shall include at a minimum:
(1) Recovery procedures for service which
is interrupted from the serving central office to and including the primary
public safety answering point and corresponding secondary public safety
answering points. This may include, but is not limited to, a hard-wired
alternative route or a plan on file with the provider designating alternative
routes or answering points.
(2) A plan to switch public safety
answering point operations to an alternate site in the event the primary public
safety answering point becomes inoperable.
(3) 24-hour emergency numbers for the
providers serving the 9-1-1 jurisdiction. [1989 c.793 §7; 1991 c.743 §10]
401.780
Agreements among certain safety agencies for rendering emergency services. Public or private safety agencies may enter
into agreements which provide that an emergency unit dispatched by a 9-1-1
emergency reporting system established pursuant to ORS 401.720 shall render
emergency services without regard to jurisdictional boundaries. [1981 c.533 §8;
1989 c.793 §12; 1991 c.743 §11]
401.785
Mediation of disputes; arbitration; costs and fees. (1) All disputes between a governing body,
9-1-1 jurisdiction and public or private safety agency regarding a 9-1-1
system, not otherwise resolved in accordance with a written agreement shall be
mediated. When a governing body or 9-1-1 jurisdiction obtains knowledge that a
dispute exists and cannot be resolved by the agencies, it shall notify the
Office of Emergency Management of the dispute in writing. Within 30 days of
this notification, the disputing agencies shall mutually select a mediator and
notify the office in writing of this selection. If a mediator is not mutually
selected by the agencies within this period, the Director of the Office of
Emergency Management shall select a mediator from the list of mediators
established under subsection (3) of this section. Once selected, the mediator
shall establish a schedule for the mediation process. The disputing agencies
shall have 60 days from the date the mediator is agreed upon or selected to
mediate the dispute unless the agencies mutually agree in writing to an
extension of this deadline. A copy of all extensions shall be submitted to the
office.
(2) When the mediation process in
subsection (1) of this section ends, the mediator shall notify the office in
writing of the outcome of the mediation. If the agencies are not able to
resolve their dispute through mediation, the 9-1-1 jurisdiction or governing
body and public or private safety agency or agencies shall submit the dispute
to arbitration. The agencies shall have 30 days from the end of the mediation
to select an arbitrator. If the disputing agencies are unable to mutually
select an arbitrator within this period, the director shall request the
presiding judge for the judicial district in which the 9-1-1 system is located
to select an arbitrator. The arbitrator shall have 30 days from selection to
hear and decide the dispute unless the agencies mutually agree in writing to an
extension of this deadline. A party to an arbitration under this subsection may
seek confirmation, vacation, modification or correction of the arbitrators
decision as provided in ORS 36.700, 36.705 and 36.710. A court may vacate a
decision only if there is a basis to vacate the decision as described in ORS
36.705 (1)(a) to (d). The court may modify or correct a decision only for the
grounds given in ORS 36.710.
(3) The office shall establish a roster of
mediators qualified to mediate disputes under subsection (1) of this section.
This list may be used by the disputing agencies when selecting a mediator.
(4) Unless otherwise agreed upon, the
costs of the mediation or arbitration, including the mediators or arbitrators
fees, shall be divided equally among the disputing agencies. [1991 c.743 §9;
1995 c.781 §42; 2003 c.598 §43; 2007 c.740 §33]
401.790
Office to ensure compliance; proceedings authorized. (1) The Office of Emergency Management may
institute proceedings against a public or private safety agency, a 9-1-1
jurisdiction or other person to compel compliance with or to restrain further
violation of ORS 305.823 and 401.710 to 401.816 or rules adopted pursuant to
ORS 401.730.
(2) Proceedings authorized by subsection
(1) of this section may be instituted without office notice, hearing or order
provided in ORS chapter 183; provided, however, that proceedings brought
against a telecommunications utility shall be brought before the Public Utility
Commission as provided by ORS chapter 756. [1981 c.533 §9; 1987 c.447 §128;
1989 c.793 §13]
TAX FOR
EMERGENCY COMMUNICATIONS
401.792
Imposition of tax; rate. (1)
There is imposed on each paying retail subscriber who has telecommunication
services with access to the 9-1-1 emergency reporting system a tax equal to 75
cents per month. The tax shall be applied on a telecommunications circuit
designated for a particular subscriber. One subscriber line shall be counted
for each circuit that is capable of generating usage on the line side of the
switched network regardless of the quantity or ownership of customer premises
equipment connected to each circuit. For providers of central office based
services, the tax shall be applied to each line that has unrestricted
connection to the switched network. Those central office based service lines
that have restricted connection to the switched network shall be charged based
on software design in the central office that restricts the number of station
calls to and from the network. For cellular, wireless or other radio common
carriers, the tax shall apply on a per instrument basis and only if the
subscribers place of primary use, as defined and determined under 4 U.S.C. 116
to 126, is within this state.
(2) The subscriber shall be liable for the
tax imposed by this section.
(3) The amounts of tax collected by the
provider shall be considered as payment by the subscriber for that amount of
tax.
(4) Any return made by the provider
collecting the tax shall be accepted by the Department of Revenue as evidence
of payments by the subscriber of amounts of tax so indicated upon the return. [1981
c.533 §10; 1989 c.793 §1; 1991 c.743 §12; 1993 c.808 §1; 1995 c.276 §2; 2001
c.740 §2; 2002 s.s.1 c.5 §1]
Note: Section 4 (1), chapter 5, Oregon Laws 2002
(first special session), provides:
Sec.
4. (1) Taxes imposed under
ORS 401.792 apply to subscriber bills issued on or after January 1, 2002, and
before January 1, 2014. [2002 s.s.1 c.5 §4(1); 2002 s.s.3 c.4 §1(1); 2007 c.629
§1(1)]
401.794
Exemptions. The tax imposed
by ORS 401.792 does not apply to:
(1) Services that the state is prohibited
from taxing under the Constitution or laws of the
(2) Interconnection between
telecommunications utilities and competitive access providers certified
pursuant to ORS 759.020, radio common carriers and interexchange carriers. [1981
c.533 §11; 1995 c.276 §3]
401.796
Duties of providers. Every
provider responsible for the collection of the tax imposed by ORS 401.792 to 401.804
shall keep records, render statements, make returns and comply with rules
adopted by the Department of Revenue with respect to the tax. Whenever in the
judgment of the department it is necessary, the department may require the
provider or subscriber, by notice served upon that person by first-class mail,
to make returns, render statements or keep records sufficient to show whether
there is tax liability under ORS 401.792 to 401.804. [1981 c.533 §12; 1991
c.743 §13; 1995 c.276 §4]
401.798
Returns; payment of tax; election; rules. (1) The provider is responsible for collecting the tax under ORS
401.792 and shall file a return with the Department of Revenue on or before the
last day of the month following the end of each calendar quarter, reporting the
amount of tax due for access to the 9-1-1 emergency reporting system during the
quarter. The department shall prescribe the form of the return required by this
section and ORS 401.796. The rules of the department shall require that returns
be made under penalties for false swearing.
(2) When a return of the tax is required
under ORS 401.796 or subsection (1) of this section, the provider required to
make the return shall remit the tax due to the department at the time fixed for
filing the return.
(3) A provider described in subsection (1)
of this section may elect to pay the tax based on either of the following:
(a) The amount of tax actually collected
during the quarter; or
(b) The net amount of tax billed during
the quarter. The net amount billed equals the gross amount of tax billed less
adjustments for uncollectible accounts, refunds, incorrect billings and other
appropriate adjustments.
(4) Once a provider has made an election
under subsection (3) of this section, the provider may not change the method of
payment and reporting unless the provider first obtains the permission of the
department. [1981 c.533 §13; 1991 c.743 §14; 1993 c.808 §2; 1995 c.276 §5]
401.800
Refunds. (1) If the amount
paid by the provider to the Department of Revenue under ORS 401.798 exceeds the
amount of tax payable, the department shall refund the amount of the excess
with interest thereon at the rate established under ORS 305.220 for each month
or fraction of a month from the date of payment of the excess until the date of
the refund. No refund shall be made to a provider who fails to claim the refund
within two years after the due date for filing of the return with respect to
which the claim for refund relates.
(2) A subscribers exclusive remedy in a
dispute involving tax liability shall be to file a claim with the department. [1981
c.533 §14; 1982 s.s.1 c.16 §22; 1991 c.743 §15; 1993 c.808 §3; 1995 c.276 §6]
401.802
Amounts collected held in trust; enforcement. (1) Every provider required to collect the tax imposed by ORS 401.792
to 401.804 shall be deemed to hold the same in trust for the State of
(2) At any time the provider required to
collect the tax fails to remit any amount deemed to be held in trust for the
State of Oregon or if the subscriber fails to pay the tax, the department may
enforce collection by the issuance of a distraint warrant for the collection of
the delinquent amount and all penalties, interest and collection charges
accrued thereon. Such warrant shall be issued and proceeded upon in the same
manner and shall have the same force and effect as is prescribed with respect
to warrants for the collection of delinquent income taxes. [1981 c.533 §15;
1991 c.743 §16; 1995 c.276 §7; 2005 c.22 §268]
401.804
Application of other laws.
Unless the context requires otherwise, the provisions of ORS chapters 305, 314
and 316 as to the audit and examination of reports and returns, determination
of deficiencies, assessments, claims for refunds, penalties, interest, jeopardy
assessments, warrants, conferences and appeals to the Oregon Tax Court, and
procedures relating thereto, shall apply to ORS 401.792 to 401.804 the same as
if the tax were a tax imposed upon or measured by net income. All such
provisions apply to the subscriber liable for the tax and to the provider
required to collect the tax. As to any amount collected and required to be
remitted to the Department of Revenue, the tax shall be considered a tax upon
the provider required to collect the tax and that provider shall be considered
a taxpayer. [1981 c.533 §16; 1991 c.743 §17; 1995 c.276 §8; 1995 c.650 §53]
401.805 [1955 c.679 §1; 1967 c.595 §5; 1969 c.247 §3;
1975 c.379 §13; repealed by 1980 c.19 §6]
401.806
Emergency Communications Account; subaccounts. (1) The Emergency Communications Account is
established separate and distinct from the General Fund in the State Treasury.
All moneys received by the Department of Revenue pursuant to ORS 401.792 to
401.804 and interest thereon shall be paid to the State Treasurer to be held in
a suspense account established under ORS 293.445. After payment of refunds, the
balance of the moneys received shall be paid into the State Treasury and credited
to the Emergency Communications Account. All earnings on investment of moneys
in the Emergency Communications Account shall accrue to that account. All
moneys in the account are appropriated continuously to the Office of Emergency
Management and shall be used for the purposes described in ORS 401.808.
(2) The Enhanced 9-1-1 Subaccount is
established as a subaccount of the Emergency Communications Account.
Thirty-five percent of the amount in the Emergency Communications Account on
the date of distribution shall be credited to the Enhanced 9-1-1 Subaccount.
All moneys in the account are continuously appropriated to the Office of
Emergency Management and shall be used for the purposes described in ORS
401.808 (3), (4) and (5).
(3) The Enhanced 9-1-1 Equipment
Replacement Subaccount is established as a subaccount of the Emergency
Communications Account. Two and one-half percent of the amount in the Emergency
Communications Account shall be credited to the Enhanced 9-1-1 Equipment
Replacement Subaccount. All moneys in the account are continuously appropriated
to the Office of Emergency Management and shall be used for the purposes
described in ORS 401.808 (7). [1981 c.533 §17; 1991 c.743 §18; 1993 c.808 §4;
1995 c.276 §9; 2001 c.740 §2a]
401.807 [1987 c.671 §1; 1989 c.793 §21; renumbered
401.818 in 2003]
401.808
Distribution of account proceeds; uses; reimbursement request review; reports. The Office of Emergency Management shall
distribute quarterly the entire amount of the moneys in the Emergency Communications
Account beginning in June 1982. The office shall pay the following amounts from
the account:
(1) Administrative costs incurred during
the preceding calendar quarter by the Department of Revenue in carrying out ORS
401.792 to 401.804. The amount paid to the department shall not exceed one-half
of one percent of the amount in the account on the date of distribution, or
actual expenses incurred by the department, whichever is less.
(2) Administrative costs incurred during
the preceding calendar quarter by the Office of Emergency Management in
carrying out its duties under ORS 305.823 and 401.710 to 401.816. The amount
paid to the office shall not exceed four percent of the amount in the account
on the date of distribution, or actual expenses incurred by the office,
whichever is less. The office may provide funding under this subsection for the
Oregon Emergency Response System in an amount not to exceed 15 percent of the
legislatively approved budget for the Oregon Emergency Response System. Funding
provided to the Oregon Emergency Response System under this subsection shall be
in the manner prescribed by the office and shall be subject to the availability
of funds for such funding.
(3) Funds in the Enhanced 9-1-1 Subaccount
shall be used to pay for costs incurred during the preceding calendar quarter
for enhanced 9-1-1 telephone service established pursuant to ORS 401.720.
Enhanced 9-1-1 subaccount funds shall not be disbursed to a 9-1-1 jurisdiction
which does not have an approved final plan as required in section 7, chapter
743, Oregon Laws 1991. Payments shall be made only after a reimbursement
request has been submitted to the Office of Emergency Management in the manner
prescribed by the office. Reimbursement requests for recurring and nonrecurring
charges necessary to enable the 9-1-1 jurisdiction to comply with ORS 401.720
shall be submitted directly to the Office of Emergency Management. The costs
payable under this section are only those incurred for:
(a) Modification of central office
switching and trunking equipment;
(b) Network development, operation and
maintenance;
(c) Database development, operation and
maintenance;
(d) On-premises equipment procurement,
maintenance and replacement;
(e) Conversion of pay station telephones
required by ORS 401.770;
(f) Collection of the tax imposed by ORS
401.792 to 401.804; and
(g) Addressing if the reimbursement
request is consistent with rules adopted by the office.
(4) 9-1-1 jurisdictions who have enhanced
9-1-1 telephone service operational prior to December 31, 1991, shall receive
funding based on cost information provided in their final plan required in
section 7, chapter 743, Oregon Laws 1991. Plans submitted which meet the
minimum requirements set forth in ORS 401.720 (2) and (4) shall be approved.
Funding for costs incurred prior to the preceding calendar quarter shall be
limited to charges associated with database development, network and
on-premises equipment which satisfy the requirements of ORS 401.720 (2) and
(4). Funding under this section shall be in the manner prescribed by the office
and subject to the availability of funds therefor.
(5) 9-1-1 jurisdictions may use funds
distributed to the jurisdiction from any account described in ORS 401.806 to
repay loans from the Special Public Works Fund if the loans were used for
purposes that are allowable under ORS 401.710 to 401.816.
(6) Any amounts remaining in the Enhanced
9-1-1 Subaccount shall be retained by the Office of Emergency Management and
may be distributed in any subsequent quarter for those purposes set forth in
subsections (3), (4) and (5) of this section.
(7) The Enhanced 9-1-1 Equipment
Replacement Subaccount shall be used by the Office of Emergency Management to
provide funds to replace and upgrade equipment to carry out the provisions of
ORS 401.710 to 401.816. If at any time unexpended and unobligated balances in
the subaccount exceed $500,000, such excess amount shall be transferred and
credited to the Emergency Communications Account and shall be used for the
purposes otherwise provided by law.
(8) The office shall review reimbursement
requests for modification of central office switching and trunking equipment,
conversion of pay station telephones, and network development, operation and
maintenance costs necessary to comply with ORS 401.720 for the appropriateness
of the costs claimed. The office shall approve or disapprove the reimbursement
requests.
(9) The office shall review reimbursement
requests for database development, operation and maintenance, and on-premises
equipment procurement, maintenance and replacement costs necessary to comply
with ORS 401.720 for the appropriateness of the costs claimed.
(10) After all amounts under subsections
(1) and (2) of this section and ORS 401.806 (2) and (3) have been paid, the balance
of the Emergency Communications Account shall be distributed to cities on a per
capita basis and to counties on a per capita basis of each countys
unincorporated area, for distribution to 9-1-1 jurisdictions within the city or
county, but each county shall receive a minimum of one percent of the balance
of the account after the amounts under subsections (1) and (2) of this section
and ORS 401.806 (2) and (3) have been paid. A 9-1-1 jurisdiction whose 9-1-1
service area includes more than one city or county shall receive funds from
each city or county involved.
(11) Notwithstanding subsection (10) of
this section, a city or county may have its quarterly distribution made payable
and sent to the 9-1-1 jurisdiction responsible for providing the services
required in ORS 401.720.
(12) 9-1-1 jurisdictions shall submit an
accounting report to the office annually. The report shall be provided in the
manner prescribed by the office, and shall include but not be limited to:
(a) Funds received and expended under
subsection (10) or (11) of this section for the purposes of fulfilling the
requirements of ORS 401.720;
(b) Local funds received and expended for
the purposes of fulfilling the requirements of ORS 401.720; and
(c) Local funds received and expended for
the purposes of providing emergency communications services. [1981 c.533 §18;
1987 c.218 §1; 1989 c.793 §14; 1991 c.743 §19; 1993 c.707 §11; 1995 c.276 §10;
2001 c.740 §2b]
401.810 [1955 c.679 §§2,3; repealed by 1980 c.19 §6]
401.812 [1987 c.671 §2; 1989 c.793 c.22; 1989 c.1063
§1; 1993 c.441 §1; renumbered 401.821 in 2003]
401.814
Use or investment of moneys.
(1) Except as provided in subsection (2) of this section and rules adopted
under ORS 401.730 (1)(a), moneys received under ORS 401.808 (10) may be used
only to pay for planning, installation, maintenance, operation and improvement
of a 9-1-1 emergency reporting system as it relates to getting the call from
the citizen to the primary public safety answering point and in transmitting
the information from the primary public safety answering point to the secondary
public safety answering point or responding police, fire, medical or other
emergency unit by telephone, radio or computerized means.
(2) Moneys not then being used may be
invested by a city or county. The income from the investments shall be used for
the purposes described in subsection (1) of this section. [1981 c.533 §20; 1989
c.793 §16; 1991 c.743 §21; 2001 c.740 §2c]
401.815 [1955 c.679 §11; repealed by 1980 c.19 §6]
401.816
Primary public safety answering points; rules. (1) The Director of the Office of Emergency
Management shall establish by administrative rule the minimum standards for a
primary public safety answering point.
(2) If a primary public safety answering
point does not meet the minimum standards established under subsection (1) of
this section within 45 days after receipt of written notice from the Office of
Emergency Management, the office shall designate an alternate primary public
safety answering point that meets the minimum standards and cause calls to be
rerouted to the designated primary public safety answering point. [2001 c.740 §6]
401.817 [1987 c.671 §5; renumbered 401.823 in 2003]
EMERGENCY
COMMUNICATIONS DISTRICTS
401.818
Definitions for ORS 401.818 to 401.857. As used in ORS 401.818 to 401.857, unless the context requires
otherwise:
(1) District means a 9-1-1
communications district formed under ORS 401.818 to 401.857.
(2) District board or board means the
governing body of a district.
(3) 9-1-1 emergency reporting system
means a system established under ORS 401.720.
(4) 9-1-1 jurisdiction has the meaning
given that term by ORS 401.710.
(5) Public or private safety agency has
the meaning given that term by ORS 401.710. [Formerly 401.807]
Note: 401.818 to 401.857 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
401 by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
401.820 [1955 c.679 §5; 1980 c.19 §3; renumbered
401.210]
401.821
Formation of emergency communications district; boundaries; approval of formation
by safety agencies. (1) A
9-1-1 communications district may be created as provided in ORS 198.705 to
198.955 and 401.818 to 401.857.
(2) A 9-1-1 communications district shall
consist of all the telephone exchange service areas located wholly or partly
within a designated 9-1-1 jurisdictions service area that is served by a
public safety answering point. A district may include more than one city and
county.
(3) Before a petition for formation of a
district is filed with the county board of the principal county under ORS
198.800, it shall be approved by indorsement thereon by two-thirds of the
governing bodies of all public or private safety agencies representing
two-thirds of the population included within the proposed district. A county
governing body shall not adopt an order under ORS 198.835 for the formation of
a district unless the governing body first obtains written approval for the formation
of the district from two-thirds of the governing bodies of all public or
private safety agencies representing two-thirds of the population included
within the proposed district.
(4) In addition to other required matters,
the petition for formation shall state the number of district board members for
the proposed district and the method of election of the board of the proposed
district from among the methods described in ORS 401.836. [Formerly 401.812]
Note: See note under 401.818.
401.822
Officers of district; qualifications. (1) The officers of the district shall be a board of five or seven
members elected by the electors of the district.
(2) Any elector residing within the
district is qualified to serve as a district board member. [1987 c.671 §3; 1989
c.1063 §2]
Note: See note under 401.818.
401.823
Application of ORS chapter 255 to district. (1) ORS chapter 255 governs the following:
(a) The nomination and election of
district board members.
(b) The conduct of district elections.
(2) The electors of a district may
exercise the powers of the initiative and referendum regarding a district
measure, in accordance with ORS 255.135 to 255.205. [Formerly 401.817]
Note: See note under 401.818.
401.825 [1955 c.679 §18; 1967 c.595 §6; repealed by
1980 c.19 §6]
401.827
Board as governing body of district; president of board. (1) The district board shall be the
governing body of the district and shall exercise all powers thereof.
(2) At its first meeting or as soon
thereafter as may be practicable, the board shall choose one of its members as
president. [1987 c.671 §6]
Note: See note under 401.818.
401.830 [1955 c.679 §20; 1967 c.595 §7; 1980 c.19 §4;
renumbered 401.215]
401.832
Election of board members at formation election; terms of office. (1) Five or seven district board members,
determined by the number of board members set forth in the petition for
formation, shall be elected at the election for district formation. Nominating
petitions shall be filed with the county governing body.
(2) When the petition for formation
provides for a five-member district board, if the effective date of the
formation of the district occurs in an odd-numbered year, two district board
members shall be elected for four-year terms and the other three district board
members shall be elected for two-year terms. If the effective date of the
formation occurs in an even-numbered year, two district board members shall be
elected for three-year terms and the other three district board members shall
be elected for one-year terms.
(3) When the petition for formation
provides for a seven-member district board, if the effective date of the
formation of the district occurs in an odd-numbered year, three district board
members shall be elected for four-year terms and the other four district board
members shall be elected for two-year terms. If the effective date of the
formation occurs in an even-numbered year, three district board members shall
be elected for three-year terms and the other four district board members shall
be elected for one-year terms.
(4) Each district board member shall hold
office until election and qualification of a successor.
(5) Each district board member elected
shall take an oath of office and shall hold office from July 1, next following
election.
(6) The district board shall fill any
vacancy on the board as provided in ORS 198.320.
(7) Except as otherwise provided in this
section or in ORS 401.833, the term of a district board member is four years.
(8) The terms of the members first elected
to a district board shall be determined by lot. [1987 c.671 §4; 1989 c.1063 §3]
Note: See note under 401.818.
401.833
Changing number of board members; election; notice to Secretary of State. (1) This section establishes the procedure
for determining the following questions:
(a) Whether a district having a
five-member board shall increase the number of members to seven.
(b) Whether a district having a
seven-member board shall decrease the number of members to five.
(2) The question of increasing or
decreasing the membership of the district board shall be determined at a
regular district election. The district board, by resolution, may order the
question to be submitted to the electors of the district. The district board
shall order the question to be submitted to the electors when a petition is
filed with the secretary of the board requesting that the electors of the
district be permitted to vote on the question. The requirements for preparing,
circulating and filing the petition shall be as provided for an initiative
petition in ORS 255.135 to 255.205. The board shall be increased to seven
members or decreased to five members if a majority of the votes cast on the
question favors the increase or decrease. At an election to increase the
membership, electors shall vote for candidates to fill the additional
positions.
(3) When a district is situated entirely
within one county, if the electors approve the increase or decrease in board
membership, not later than the 30th day after the election, the district board
shall adjust and stagger the terms of the board members as necessary in order
to continue biennial elections of board members in accordance with ORS 401.834.
The district board shall take into consideration and, as much as possible,
provide for the continued method of representation adopted by the district
under ORS 401.836.
(4) When a district includes territory in
more than one county, not later than the 40th day before the regular district
election at which a question under this section will be submitted, the district
elections authority shall notify the Secretary of State. If the electors favor
the increase or decrease in board membership, not later than the 30th day after
the election, the Secretary of State by rule shall adjust and stagger the terms
of the board members as necessary in order to continue biennial elections of
board members in accordance with ORS 401.834. The Secretary of State shall take
into consideration and, as much as possible, provide for the continued method
of representation adopted by the district under ORS 401.836. [1989 c.1063 §5]
Note: See note under 401.818.
401.834
Continuing schedule of biennial elections after change in number of board
members. When a district
expands the membership of its district board from five to seven members or
reduces the membership of its board from seven to five members:
(1) If the board is reduced to five
members, at least two members shall be elected at each regular district
election.
(2) If the board is expanded to seven
members, at least three members shall be elected at each regular district
election. [1989 c.1063 §6]
Note: See note under 401.818.
401.835 [1955 c.679 §4; 1957 c.353 §1; 1973 c.466 §1;
repealed by 1980 c.19 §6]
401.836
Manner of electing board members. (1) The district board members may be elected in one of the following
methods:
(a) Elected by the electors of the
district from zones as nearly equal in population as possible according to the
latest federal census. Each elector of the district shall be entitled to vote
for candidates for election from all the zones in the district.
(b) Elected by the electors of the
district from zones as nearly equal in population as possible according to the
latest federal census. Each elector of the district shall be entitled to vote
only for candidates for election from the zone in which the elector resides.
(c) Except for one district board
member-at-large, elected by the electors of the district from zones as nearly
equal in population as possible according to the latest federal census. The
district board member-at-large shall be elected from the entire district. Each
elector of the district shall be entitled to vote for the district board
member-at-large and for candidates for election from the zone in which the elector
resides.
(d) Elected at large by position number by
the electors of the district.
(2) Candidates for election from zones
shall be nominated by electors of the zones. Candidates for election at large
shall be nominated by electors of the district.
(3) Each candidate for election from a
zone shall be a resident of that zone. [1989 c.1063 §7]
Note: See note under 401.818.
401.837 [1987 c.671 §7; renumbered 401.857]
401.838
Election of board members.
At the regular district election, successors to the board members whose terms
expire shall be elected as follows:
(1) In an unzoned district, if two board
members are to be elected, the candidates receiving the first and second
highest vote shall be elected. If three or four board members are to be elected,
the candidates receiving the first, second or third or first, second, third and
fourth highest vote shall be elected.
(2) In a district that is zoned under ORS
401.836:
(a) If a board member is to be elected by
the electors of a zone, the candidate who receives the highest vote from the
zone shall be elected.
(b) If a board member is to be elected by
the electors of the entire district, the candidate receiving the highest vote
among the candidates nominated from the same zone shall be elected. [1989
c.1063 §8]
Note: See note under 401.818.
401.839
Changing manner of electing board members; requirements; election. (1) This section establishes the procedure
for determining whether the method adopted in a district for nominating and
electing board members should be changed to another method. The question shall
be decided by election. The district board:
(a) May order the election on its own
resolution; or
(b) Shall order the election when a
petition is filed as provided in this section.
(2) Except as otherwise provided in this
section, the requirements for preparing, circulating and filing a petition
under this section shall be as provided for an initiative petition in ORS
255.135 to 255.205.
(3) If the question proposes creation of
zones or a change in the boundaries of existing zones, the following
requirements shall apply:
(a) The petition shall contain a map
indicating the proposed zone boundaries. The map shall be attached to the cover
sheet of the petition and shall not exceed 14 inches by 17 inches in size.
(b) Notwithstanding ORS 250.035, the
statement summarizing the measure and its major effect in the ballot title
shall not exceed 150 words. The statement:
(A) Shall specify the method of nomination
and election of board members from among the methods described in ORS 401.836.
(B) Shall include a general description of
the proposed boundaries of the zones, using streets and other generally
recognized features.
(c) The order calling the election shall
contain a map of the proposed zone boundaries and a metes and bounds or legal
description of the proposed zone boundaries. The map and description shall be
prepared by the county surveyor or county assessor and shall reflect any
adjustments made in the boundaries under subsection (6) of this section.
(4) The map to be contained in the
petition under subsection (3) of this section shall be prepared by the county
surveyor or county assessor. The chief petitioners shall pay the county for the
cost of preparing the map, as determined by the county surveyor or county
assessor. The county clerk shall not accept the prospective petition for filing
until the chief petitioners have paid the amount due.
(5) Subsection (3) of this section does
not apply if the question proposes abolition of all zones.
(6) Before submitting to election a
question to which subsection (3) of this section applies, the district board
shall adjust the proposed boundaries of the zones to make them as nearly equal
in population as feasible according to the latest federal census. The district
board shall amend the ballot title as necessary to reflect its adjustment of
the boundaries.
(7) If the electors of the district
approve the establishment of zones or a change in the boundaries of existing
zones, board members shall continue to serve until their terms of office
expire. As vacancies occur, positions to be filled by nomination or election by
zone shall be filled by persons who reside within zones which are not
represented on the board. If more than one zone is not represented on the board
when a vacancy occurs, the zone entitled to elect a board member shall be
decided by lot. [1989 c.1063 §9; 1995 c.79 §206; 1995 c.534 §17]
Note: See note under 401.818.
401.840 [1955 c.679 §9; repealed by 1980 c.19 §6]
401.841
Changing number and manner of electing board members at same election; separate
questions. A question of
changing the method of nominating and electing district board members under ORS
401.839 and a question of increasing or decreasing the number of district board
members under ORS 401.833 may be submitted to the electors of a district at the
same regular district election. However, the questions shall be submitted to
the electors as separate questions. [1989 c.1063 §10]
Note: See note under 401.818.
401.842
General district powers. A
9-1-1 communications district has the power:
(1) To have and use a common seal.
(2) To sue and be sued in its name.
(3) To make and accept any and all
contracts, deeds, leases, releases and documents of any kind which, in the judgment
of the board, are necessary or proper to the exercise of any power of the
district, and to direct the payment of all lawful claims or demands.
(4) To assess, levy and collect taxes to
pay the cost of acquiring sites for and constructing, reconstructing, altering,
operating and maintaining a 9-1-1 emergency reporting system or any lawful
claims against the district, and the operating expenses of the district.
(5) To employ all necessary agents and
assistants.
(6) To call elections after the formation
of the district.
(7) To enlarge the boundaries of the
district as provided by ORS 198.705 to 198.955.
(8) Generally to do and perform any and
all acts necessary and proper to the complete exercise and effect of any of its
powers or the purposes for which it was formed. [1987 c.671 §8; 1989 c.793 §23;
2001 c.104 §139; 2003 c.802 §111]
Note: See note under 401.818.
401.844
Authority to issue general obligation bonds; elector approval required; bond
debt limit. (1) For the
purpose of carrying into effect the powers granted by ORS 401.818 to 401.857,
as well as refunding outstanding obligations, a 9-1-1 communications district,
when authorized by a majority of the votes cast at an election by electors of
the district, may borrow money and sell and dispose of general obligation
bonds.
(2) The general obligations outstanding at
any one time shall never exceed in aggregate principal amount one percent of
the real market value of all taxable property within the district computed in
accordance with ORS 308.207.
(3) The bonds shall mature serially not
more than 30 years from the issue date and shall be issued as prescribed in ORS
chapter 287A. [1995 c.333 §36; 2007 c.783 §180]
Note: See note under 401.818.
401.845 [1955 c.679 §10; repealed by 1980 c.19 §6]
401.847
Levy of taxes. (1) Each year
the district board shall determine and fix the amount of money to be levied and
raised by taxation, for the purposes of the district. The total amount of taxes
levied in each year under this section shall not exceed one-tenth of one
percent (0.001) of the real market value of all taxable property within the
district computed in accordance with ORS 308.207.
(2) Each year a district shall also
assess, levy and collect a special tax upon all such property, real and personal,
in an amount sufficient to pay the yearly interest and principal due on any
outstanding general obligation bonds for such year. [1987 c.671 §9; 1991 c.459 §396;
1995 c.333 §33]
Note: See note under 401.818.
Note: Sections 12 to 14, chapter 671, Oregon Laws
1987, provide:
Sec.
12. Section 9 of this Act
[ORS 401.847] is repealed and section 13 of this Act is enacted in lieu
thereof. [1987 c.671 §12]
Sec.
13. (1) Each year the
district board shall determine and fix the amount of money to be levied and
raised by taxation, for the purposes of the district.
(2) Each year a district shall also
assess, levy and collect a special tax upon all taxable property within the
district in an amount sufficient to pay the yearly interest and principal due
on any outstanding general obligation bonds for such year. [1987 c.671 §13;
1995 c.333 §34]
Sec.
14. Sections 12 and 13 of
this Act first become operative on the first day of the first tax year to which
section 10, chapter 533, Oregon Laws 1981 [401.792], does not apply. [1987
c.671 §14]
401.850 [1955 c.679 §§6,7; 1965 c.285 §80; repealed
by 1980 c.19 §6]
401.852
Boundaries of zones for board members; adjustment for population and boundary
changes; filing boundary change with county assessor and Department of Revenue. (1) The board shall adjust zones established
within a district as necessary to make them as nearly equal in population as is
feasible according to the latest federal census. The board also shall adjust
boundaries of zones as necessary to reflect boundary changes of the district.
(2) For purposes of ad valorem taxation, a
boundary change must be filed in final approved form with the county assessor
and the Department of Revenue as provided in ORS 308.225. [1989 c.1063 §11;
2001 c.138 §26]
Note: See note under 401.818.
401.855 [1955 c.679 §17; repealed by 1980 c.19 §6]
401.857
Advisory committee; duties and powers; appointment by district board; terms and
qualifications of members.
(1) A district board shall appoint an advisory committee to advise and assist
the board in carrying out the purposes of ORS 401.818 to 401.857. An advisory
committee shall consist of one representative from each public or private
safety agency included within the district. A member of the advisory committee
shall reside within the district.
(2) A member of an advisory committee
shall serve for a term of two years. Of the members first appointed, however,
one-half of the members shall serve for a term of one year. The respective
terms of the members shall be determined by lot at the first meeting of the
advisory committee.
(3) The advisory committee shall meet not
less than four times a year to review the policies and practices of the
district board. The advisory committee shall also meet on the call of the
district board. The advisory committee may adopt rules for the conduct of its
proceedings.
(4) The advisory committee may propose
changes to any of the boards rules, policies or practices as it deems
necessary or desirable. In addition to its other functions and duties, the
advisory committee shall review the annual budget of the district. The advisory
committee shall meet with the district board and may make such recommendations
relating to the budget as the committee considers necessary or prudent. [Formerly
401.837]
Note: See note under 401.818.
401.860 [1955 c.679 §8; repealed by 1980 c.19 §6]
TSUNAMI
INUNDATION ZONE
401.861
Definitions. (1) As used in
this section:
(a) Transient lodging facility means a
hotel, motel, inn, condominium, any other dwelling unit or a public or private
park that is made available for transient occupancy or vacation occupancy as
those terms are defined in ORS 90.100.
(b) Tsunami inundation zone means an
area of expected tsunami inundation, based on scientific evidence that may
include geologic field data and tsunami modeling, determined by the governing
board of the State Department of Geology and Mineral Industries, by rule, as
required by ORS 455.446 (1)(b) and (c).
(2) The Office of Emergency Management, in
consultation and cooperation with the State Department of Geology and Mineral
Industries, shall:
(a) Develop and adopt by rule tsunami
warning information and evacuation plans for distribution to transient lodging
facilities located in a tsunami inundation zone; and
(b) Facilitate and encourage broad
distribution of the tsunami warning information and evacuation plans to
transient lodging facilities and other locations within tsunami inundation
zones frequented by visitors to the area.
(3) The office is not required to carry
out the duties assigned under subsection (2) of this section if sufficient
moneys are not available under ORS 401.864. [2005 c.819 §1]
Note: 401.861 to 401.864 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
401 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
401.863
Uniform tsunami warning signal; rules. (1) The Office of Emergency Management, in consultation with the State
Department of Geology and Mineral Industries, shall establish by rule a uniform
tsunami warning signal, including rules specifying the type, duration and
volume of the warning signal and the location of warning signal delivery
devices, for use on the
(2) The office is not required to carry
out the duties assigned under subsection (1) of this section if sufficient
moneys are not available under ORS 401.864. [2005 c.819 §2]
Note: See note under 401.861.
401.864
Contributions to finance tsunami warning system. The Office of Emergency Management or the
State Department of Geology and Mineral Industries may seek and accept gifts,
grants and donations from any source to finance all or part of the duties
assigned under ORS 401.861 and 401.863. [2005 c.819 §4]
Note: See note under 401.861.
401.865 [1955 c.679 §12; 1967 c.335 §48; 1967 c.637 §§9,9a;
repealed by 1980 c.19 §6]
401.870 [1955 c.679 §15; repealed by 1980 c.19 §6]
STATE
INTEROPERABILITY EXECUTIVE COUNCIL
401.871
State Interoperability Executive Council. (1) The State Interoperability Executive Council is created within the
Department of State Police. The membership of the council shall consist of:
(a) Two members from the Legislative
Assembly, as follows:
(A) The President of the Senate shall
appoint one member from the Senate with an interest in public safety
communications infrastructure; and
(B) The Speaker of the House of
Representatives shall appoint one member from the House of Representatives with
an interest in public safety and wireless communications infrastructure.
(b) The following members appointed by the
Governor:
(A) One member from the Department of
State Police;
(B) One member from the Office of
Emergency Management;
(C) One member from the State Forestry
Department;
(D) One member from the Department of
Corrections;
(E) One member from the Department of
Transportation;
(F) One member from the Oregon Department
of Administrative Services;
(G) One member from the Department of
Human Services;
(H) One member from the Oregon Military
Department;
(I) One member from the Department of
Public Safety Standards and Training;
(J) One member of an Indian tribe as
defined in ORS 97.740;
(K) One member from a nonprofit
professional organization devoted to the enhancement of public safety
communications systems; and
(L) One member from the public.
(c) The following members appointed by the
Governor with the concurrence of the President of the Senate and the Speaker of
the House of Representatives:
(A) One member from the Oregon Fire Chiefs
Association;
(B) One member from the Oregon Association
Chiefs of Police;
(C) One member from the Oregon State
Sheriffs Association;
(D) One member from the Association of
Oregon Counties;
(E) One member from the League of Oregon
Cities; and
(F) One member from the Special Districts
Association of Oregon.
(2) Each agency or organization identified
in subsection (1)(b)(A) to (I) and (1)(c) of this section shall recommend a
person from the agency or organization for membership on the council.
(3) Members of the council are not
entitled to compensation, but in the discretion of the Superintendent of State
Police may be reimbursed from funds available to the Department of State Police
for actual and necessary travel and other expenses incurred by them in the
performance of their official duties in the manner and amount provided in ORS
292.495.
(4) Members of the Legislative Assembly
appointed to the council are nonvoting members and may act in an advisory
capacity only. [2005 c.825 §3; 2007 c.740 §34]
Note: 401.871 to 401.874 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
401 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
401.872
Duties of council. The State
Interoperability Executive Council created under ORS 401.871 shall:
(1) Work with public safety agencies in
the state to develop a Public Safety Wireless Infrastructure Replacement Plan
as provided under section 2, chapter 825, Oregon Laws 2005.
(2) Develop an
(a) Recommend strategies to improve
wireless interoperability among state and local public safety agencies;
(b) Develop standards to promote
consistent development of existing and future wireless communications
infrastructures;
(c) Identify immediate short-term technological
and policy solutions to tie existing wireless communications infrastructures
together into an interoperable communications system;
(d) Develop long-term technological and
policy recommendations to establish a statewide public safety radio system to
improve emergency response and day-to-day public safety operations; and
(e) Develop recommendations for
legislation and for the development of state and local policies to promote
wireless interoperability in
(3) Approve, subject to approval by the
Superintendent of State Police, investments by the State of
(4) Coordinate state and local activities
related to obtaining federal grants for support of interoperability.
(5) Develop and provide technical
assistance, training and, if requested, appropriate dispute resolution services
to state and local agencies responsible for implementation of the Oregon
Interoperable Communication Plan.
(6) Report, in the manner required by ORS
192.245, to the Legislative Assembly on or before February 1 of each
odd-numbered year on the development of the Oregon Interoperable Communication
Plan and the councils other activities.
(7) Adopt rules necessary to carry out its
duties and powers. [2005 c.825 §4; 2007 c.740 §35]
Note: See note under 401.871.
401.874
(2) State agencies that own or operate
public safety communications systems shall coordinate their efforts and
investments to achieve the statewide interoperability goal set by the council
and implement the Oregon Interoperable Communication Plan approved by the
superintendent. [2005 c.825 §5; 2007 c.740 §36]
Note: See note under 401.871.
401.875 [1955 c.679 §21; repealed by 1980 c.19 §6]
401.880 [1955 c.679 §19; repealed by 1980 c.19 §6]
401.881
(a) Receive briefings on security matters
for which the office is responsible at least annually from state agencies and
organizations as determined by the council; and
(b) Advise state agencies with
responsibility for security matters on the future direction of the offices
planning, preparedness, response and recovery activities.
(2) The membership of the council shall
consist of:
(a) Four members from the Legislative
Assembly appointed as follows:
(A) Two members from the Senate appointed
by the President of the Senate; and
(B) Two members from the House of Representatives
appointed by the Speaker of the House of Representatives;
(b) The Governor;
(c) The Adjutant General;
(d) The Superintendent of State Police;
(e) The Director of the Office of
Emergency Management; and
(f) Additional members appointed by the
Governor who the Governor determines necessary to fulfill the functions of the
council, including state agency heads, elected state officials, local
government officials, a member of the governing body of an Indian tribe and
representatives from the private sector.
(3) Each member appointed to the council
under subsection (2)(a) and (f) of this section serves at the pleasure of the
appointing authority. The membership of a public official ceases upon
termination of the office held by the official at the time of appointment to
the council.
(4) The Governor shall be chairperson of
the council.
(5) Members of the council are not
entitled to compensation but, at the discretion of the director, may be
reimbursed, in the manner and amount provided in ORS 292.495, from funds
available to the office for actual and necessary travel and other expenses
incurred in the performance of their duties as members of the council. [2005
c.825 §8]
Note: 401.881 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 401 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
401.885 [1955 c.679 §16; repealed by 1980 c.19 §6]
401.890 [1955 c.679 §14; repealed by 1980 c.19 §6]
PENALTIES
401.990
Penalties. Any person
knowingly violating any provision of ORS 401.015 to 401.107, 401.257 to 401.325
and 401.355 to 401.584, or any of the rules, regulations or orders adopted and
promulgated under those sections, shall, upon conviction thereof, be guilty of
a Class C misdemeanor. [1967 c.480 §8; 1977 c.248 §4; 1983 c.586 §41]
_______________
CHAPTERS 402 TO 405
[Reserved for expansion]
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