USA Statutes : oregon
Title : TITLE 18 EXECUTIVE BRANCH; ORGANIZATION
Chapter : Chapter 176 Governor
The official term of
the Governor shall commence upon the publication of the returns by the
Speaker of the House of Representatives, as provided in section 4,
Article V, Oregon Constitution; or in case of an election of the Governor
by the Legislative Assembly, as provided in section 5, Article V, Oregon
Constitution, the official term of the Governor shall commence
immediately upon such election; and the Governor shall be inaugurated by
taking the oath of office. The term of office of the Governor
ceases when the successor of the Governor, having been declared elected
by the Legislative Assembly as provided in the Constitution, is
inaugurated by taking the oath of office.
(1) Whenever it appears that the Governor is
unable to discharge the duties of the office, the person next in line of
succession to the office of Governor or the person who is Chief Justice
of the Supreme Court of Oregon may call a conference consisting of the
person who is Chief Justice, the person who is chief medical officer of
the state hospital in Salem and the person who is dean of the Oregon
Health and Science University. The three members of the conference shall
examine the Governor. After the examination, or if upon attempting to
examine the Governor the members of the conference are unable to examine
the Governor because of circumstances beyond their control, they shall
conduct a secret ballot and by unanimous vote may find that the Governor
is temporarily unable to discharge the duties of the office.

(2) The finding of or failure to find a disability shall be made
public, and in case the Governor is found to be unable to discharge the
duties of the office, the person next in line of succession to the office
of Governor shall be notified. After receiving the notification such
person may, under section 8, Article V of the Oregon Constitution, become
Governor until the disability be removed. [1959 c.672 §1; 1969 c.391 §13] (1)
Whenever a Governor who is unable to discharge the duties of the office
believes that the Governor’s disability has been removed, the Governor
may call a conference consisting of the three persons referred to as
members of such a conference in ORS 176.040 (1). The three members of the
conference shall examine the disabled Governor. After the examination
they shall conduct a secret ballot and by unanimous vote may find the
disability removed.

(2) The finding of or failure to find the disability removed shall
be made public. [1959 c.672 §2; 2005 c.22 §123](1) The person elected to the office of Governor may
take any action prior to the date the official term of office commences
that is necessary to enable the Governor to exercise on such date the
powers and duties of the office of Governor.

(2) The Governor-elect shall cause the budget report and the tax
expenditure report for the biennium beginning July 1 of the year in which
the Governor takes office to be compiled and prepared for printing as
required in ORS 291.222.

(3) All necessary expenses of the Governor-elect incurred in
carrying out the provisions of this section shall be audited by the
Secretary of State and paid from any funds appropriated for this purpose
in the same manner as other claims against the state are paid. [1965 c.80
§1; 1969 c.464 §1; 1995 c.746 §73] Notwithstanding any
provision of the Oregon Rules of Civil Procedure or other laws of this
state, service of subpoena upon the Governor shall be made by delivering
a copy to the legal counsel to the Governor or, in the legal counsel’s
absence, an assistant to the Governor. [1983 c.82 §3]LAW ENFORCEMENT MEDAL OF HONOR (1) The Law Enforcement Medal of Honor is
established. Upon nomination by the Governor’s Commission on the Law
Enforcement Medal of Honor established in ORS 176.262, the Governor may
award the medal in the name of the state to a law enforcement officer who
has been distinguished by exceptionally honorable and meritorious
conduct. The medal may be awarded posthumously to a representative of the
deceased law enforcement officer.

(2) The medal shall be bronze and consist of a police shield
overlaid by a sheriff’s star with the seal of the State of Oregon in the
center and the words “Law Enforcement Medal of Honor” within the design.
The medal shall be suspended from a ring that is attached to a navy blue
ribbon with a gold edge or a green ribbon with a gold edge. The recipient
of the medal may choose the color of the ribbon. The reverse side of the
medal shall be inscribed with the words “For exceptionally honorable and
meritorious conduct in performing services as a law enforcement officer.”
[2005 c.284 §1](1) The Governor’s Commission on the Law Enforcement Medal
of Honor is established consisting of five members appointed by the
Governor as follows:

(a) One member shall be a representative of the Governor’s office;

(b) One member shall be a representative of the Department of
Public Safety Standards and Training;

(c) One member shall be a representative of the Oregon Association
Chiefs of Police;

(d) One member shall be a representative of the Oregon State
Sheriffs’ Association; and

(e) One member shall be a representative of a statewide
organization of police officers.

(2) The term of office of each member is four years, but a member
serves at the pleasure of the Governor. 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.

(3) The commission shall:

(a) Adopt rules establishing qualifications for nomination as a
recipient of the Law Enforcement Medal of Honor;

(b) Meet at least once every six months to consider candidates for
nomination for the Law Enforcement Medal of Honor; and

(c) Nominate candidates for the Law Enforcement Medal of Honor.

(4) The Department of Public Safety Standards and Training shall
provide staff for the commission.

(5) The commission may seek and accept contributions of funds and
assistance from any source for the purpose of carrying out the provisions
of ORS 176.260. All funds received by the commission under this
subsection shall be paid into the State Treasury and deposited into the
Law Enforcement Medal of Honor Account established in ORS 176.264.

(6) A member of the commission is not entitled to compensation nor
to reimbursement for travel and other expenses incurred in the
performance of duties as a member of the commission. [2005 c.284 §2] The Law Enforcement
Medal of Honor Account is established separate and distinct from the
General Fund. Interest earned by the account shall be credited to the
account. The account consists of moneys deposited in the account under
ORS 176.262. Moneys in the account are continuously appropriated to the
Governor for the purpose of paying costs incurred in purchasing and
awarding the Law Enforcement Medal of Honor under ORS 176.260. [2005
c.284 §3]PROCLAMATIONS(Death of Unknown Persons)(1) The Governor may proclaim that a natural disaster
or an act of war, terrorism or sabotage has caused the death of unknown
persons on a specific date at a specific place.

(2) For the purposes of any civil or administrative proceeding,
there is a presumption that a missing person is dead if it is shown that:

(a) The person was at or near the place described in a proclamation
under this section on the date specified in the proclamation; and

(b) The person’s absence cannot be satisfactorily explained after
diligent search.

(3) In administering the estate of an absentee under ORS chapter
117, the court may enter an order directing the State Medical Examiner to
deposit a death certificate with the county registrar for a decedent
presumed to be dead under this section. The county registrar may not
charge a fee for depositing a death certificate under this subsection or
for issuing a copy of a death certificate deposited under this
subsection. The State Medical Examiner shall indicate on the death
certificate that the death certificate was issued pursuant to an order
entered under this section.

(4) This section does not establish, limit or abrogate the special
peril doctrine. [2003 c.560 §1](Energy Resources Emergency Powers)As used in ORS 176.750 to
176.815, unless the context requires otherwise, “energy resources”
includes electricity, natural gas, petroleum, coal, wood fuels,
geothermal sources, radioactive materials and any other resource yielding
energy. [1974 c.5 §2] (1) The Legislative Assembly finds that the lack of
energy resources and other energy resource emergencies may threaten the
availability of essential services and transportation, and the operation
of the economy, jeopardizing the peace, health, safety and welfare of the
people of Oregon.

(2) The Legislative Assembly finds it necessary to provide an
orderly procedure for anticipating and responding to energy resource
shortages and to grant, under conditions prescribed in ORS 176.750 to
176.815, emergency powers to order involuntary curtailments in the use of
energy resources to the Governor and other state and local officers.

(3) The Legislative Assembly declares it the policy of Oregon to
assist the President of the United States in effective management and
control of such factors and situations as contribute to an emergency
affecting or likely to affect Oregon; to cooperate with other states in
matters related to an emergency affecting or likely to affect Oregon; to
meet extraordinary conditions in Oregon arising out of the crisis, by
taking such steps as are necessary and appropriate; and generally to
protect the peace, health, safety and welfare of the people of Oregon.
[1974 c.5 §1] (1) On a
continuing basis the Governor may obtain all necessary information from
energy resource producers, suppliers and consumers, doing business within
Oregon, and from political subdivisions in this state, as necessary for
the Governor to determine whether shortages or an emergency will require
energy resource conservation measures. Such information may include, but
is not limited to:

(a) Sales volumes.

(b) Forecasts of energy resource requirements.

(c) Inventory of energy resources.

(d) Local distribution patterns of information under paragraphs (a)
to (c) of this subsection.

(2) In obtaining information at any time from energy resource
producers or suppliers under subsection (1)(c) of this section, and in
obtaining any other information under subsection (1) of this section
during a state of emergency proclaimed under ORS 176.775 to 176.785, the
Governor may subpoena witnesses, material and relevant books, papers,
accounts, records and memoranda, administer oaths, and may cause the
depositions of persons residing within or without Oregon to be taken in
the manner prescribed for depositions in civil actions in circuit courts,
to obtain information relevant to energy resources that are the subject
of the proclaimed emergency.

(3) In obtaining information under this section the Governor:

(a) Shall seek to avoid eliciting information already furnished by
a person or political subdivision in this state to a federal, state or
local regulatory authority that is available for the study of the
Governor; and

(b) Shall cause reporting procedures, including forms, to conform
to existing requirements of federal, state and local regulatory
authorities. [1974 c.5 §3; 1975 c.601 §1] (1)
Notwithstanding any other law, information furnished under ORS 176.760
and designated by that person as confidential, shall be maintained as
confidential by the Governor and any person who obtains information which
the person knows to be confidential under ORS 176.750 to 176.815. The
Governor shall not make known in any manner any particulars of such
information to persons other than those specified in subsection (4) of
this section. No subpoena or judicial order may be issued compelling the
Governor or any other person to divulge or make known such confidential
information, except when relevant to a prosecution for violation of
subsection (5) of this section.

(2) Nothing in this section prohibits use of confidential
information to prepare statistics or other general data for publication,
so presented as to prevent identification of particular persons.

(3) Any person who is served with a subpoena to give testimony
orally or in writing or to produce books, papers, correspondence,
memoranda, agreements or other documents or records as provided in ORS
176.750 to 176.815 may apply to any circuit court in Oregon for
protection against abuse or hardship in the manner provided in ORCP 36 C.

(4) References to the Governor in this section include only
individuals designated for this purpose in writing by the Governor.

(5) In addition to any penalties under ORS 176.990, a person who
discloses confidential information in violation of this section willfully
or with criminal negligence, as defined by ORS 161.085, may be subject,
notwithstanding any other law, to removal from office or immediate
dismissal from public employment. [1974 c.5 §4; 1977 c.358 §8; 1979 c.284
§119] In consultation with appropriate
federal, state officials and officials of political subdivisions in this
state the Governor, unless otherwise provided by law, shall cause to be
established, and revised as appropriate, standby priorities for
curtailment in the use of energy resources. However, involuntary
curtailments may be ordered only by means of executive orders issued
under ORS 176.750 to 176.815. [1974 c.5 §5]Whenever the Governor declares by
proclamation that lack of an energy resource or any energy resource
emergency threatens or is likely to threaten the availability of
essential services, transportation or the operation of the economy, the
Governor shall state the nature of the energy resource shortage or
emergency. [1974 c.5 §6]
Whenever the Governor has issued a proclamation under ORS 176.775, the
Governor may by executive order direct actions:

(1) Reducing energy resource usage by state agencies and political
subdivisions in this state.

(2) Promoting conservation, prevention of waste and salvage of
energy resources and the materials, services and facilities derived
therefrom or dependent thereon, by state agencies and political
subdivisions in this state.

(3) Directing the establishment by state agencies and political
subdivisions in this state of programs necessary to implement and comply
with federal energy conservation programs, including but not limited to
allocation or rationing of energy resources and the distribution of the
state’s discretionary allotments. [1974 c.5 §7; 2003 c.14 §71] Whenever the Governor
determines that an existing or imminent severe disruption in the supply
of one or more energy resources, in Oregon or elsewhere, threatens the
availability of essential services, transportation or the operation of
the economy, jeopardizing the peace, health, safety and welfare of the
people of Oregon, after consultation with the President and majority and
minority leaders of the Senate and the Speaker and majority and minority
leaders of the House of Representatives, the Governor may by proclamation
declare that a state of emergency exists with regard to such resources.
In the proclamation, the Governor shall recite with specificity the
nature of the severe disruption in the supply of one or more energy
resources. [1974 c.5 §8](1) A proclamation of emergency and all orders
and rules issued as a result of the proclamation under ORS 176.750 to
176.815 shall continue in effect for 30 days unless the Governor rescinds
it and declares the emergency ended before the expiration of the 30-day
period.

(2) A proclamation may be renewed or extended only by joint
resolution of the Legislative Assembly unless 60 days have elapsed from
the date of the original proclamation. [1974 c.5 §8a] (1)
During any emergency proclaimed under ORS 176.785, the Governor by
executive order may order involuntary curtailments, adjustments or
allocations in the supply and consumption of energy resources applicable
to all suppliers and consumers. However, the Governor may not order such
curtailments, adjustments or allocations which discriminate within any
class of consumers. It is the intent of the Legislative Assembly that any
such curtailments, adjustments and allocations be ordered and continue
only so long as demonstrably necessary for the maintenance of essential
services or transportation, or the continued operation of the economy;
and that all such curtailments, adjustments and allocations be applied as
uniformly as practicable within each class of suppliers and consumers.

(2) Any involuntary curtailments of electrical or natural gas load,
pursuant to subsection (1) of this section, shall be made by executive
order to the Public Utility Commission of Oregon requiring the commission
to implement plans for curtailment adopted pursuant to ORS 757.710 to
757.730.

(3) In addition to orders issued pursuant to subsection (1) of this
section, the Governor by executive order may:

(a) Modify transportation routes and schedules as necessary to
conserve energy resources to the extent permissible under federal law and
regulations.

(b) Specify the times and manner in which energy resources are
supplied or consumed, consistent with the restrictions imposed by
subsection (1) of this section.

(4) Any restrictions or involuntary curtailments, adjustments or
allocations ordered, except those ordered under ORS 176.775 and 176.780,
shall give due consideration to the needs of commercial, retail,
professional and service establishments whose normal function is to
supply goods or services or both of an essential nature including but not
limited to food, lodging, fuel, medical care facilities, during times of
the day other than conventional daytime working hours.

(5) During an emergency proclaimed under ORS 176.785, the Governor
by executive order may prescribe and direct activities promoting the
conservation, prevention of waste and salvage of energy resources and the
materials, services and facilities derived therefrom or dependent
thereon. [1974 c.5 §§9,11] (1) Nothing in ORS
176.750 to 176.815 is intended as a delegation of legislative
responsibility for the appropriation or authorization of expenditure of
public funds, as provided in the Constitution and laws of this state.

(2) The powers vested in the Governor under ORS 176.750 to 176.815
are in addition to, and not in lieu of, emergency powers vested in the
Governor under ORS 401.015 to 401.580 and 401.990 or any other law of
Oregon.

(3) It is the intent of the Legislative Assembly that if ORS
176.750 to 176.815 and 176.990 are held unconstitutional as applied to
contracts executed before February 26, 1974, ORS 176.750 to 176.815 and
176.990 nevertheless are effective with respect to contracts executed on
or after February 26, 1974, and with respect to renewals or extensions of
existing contracts on or after February 26, 1974. [1974 c.5 §§10,14,15](1) Any proclamation, executive order or directive
issued pursuant to ORS 176.750 to 176.815 shall be deemed to be a rule
subject to ORS chapter 183, except that jurisdiction for judicial
determination of the validity thereof pursuant to ORS 183.400 is
conferred upon the Court of Appeals.

(2) Any such proceeding in the Court of Appeals shall be given
precedence on the docket over all other cases, except prior cases arising
under ORS 176.750 to 176.815 and 176.990. The court may appoint a master
to take evidence and make proposed findings of fact and conclusions of
law in such case. [1974 c.5 §12] (1) The
Governor, in consultation with the State Department of Energy and the
Economic and Community Development Department, shall compile existing
data and prepare an extensive statewide contingency plan to maintain
emergency services, continue productivity and reduce hardship during an
energy emergency.

(2) As used in this section, “energy emergency” means a severe fuel
oil shortage caused by international market conditions or hostilities, or
any other emergency threatening the availability of any energy resource
necessary to maintain essential services and transportation, the shortage
of which jeopardizes the health, safety and welfare of the people of the
State of Oregon. [1981 c.597 §2] (1) The Governor shall
solicit suggestions and recommendations from local governments in
preparing the statewide contingency plan under ORS 176.809.

(2) The contingency plan developed by the Governor under ORS
176.809 shall utilize, with the approval of the local governments, the
services and facilities of local governments to implement the plan. [1981
c.597 §3] There is continuously
appropriated from the Motor Vehicle Division Account to the State
Department of Energy, for deposit in the State Department of Energy
Account, sufficient moneys for the payment of expenses incurred under
chapter 606, Oregon Laws 1975, subject to limitations on payment of
expenses as approved under legislative authority. [Formerly 176.810; 2003
c.186 §9]

Note: Legislative Counsel has substituted “chapter 606, Oregon Laws 1975”
for the words “this 1975 Act” in section 14, chapter 606, Oregon Laws
1975, compiled as 176.820. Specific ORS references have not been
substituted, pursuant to 173.160. These sections may be determined by
referring to the 1975 Comparative Section Table located in Volume 20 of
ORS.PENALTIES(1) Violation of ORS 176.765 (5) is a Class A
violation.

(2) Any person who willfully fails or neglects to comply with an
executive order issued under ORS 176.750 to 176.815, or a directive of
the Governor implementing such an executive order, shall forfeit and pay
into the State Treasury a civil penalty not to exceed $1,000 for each
such failure for each day such failure persists.

(3) In addition to or in lieu of the civil penalty available under
subsection (2) of this section, the Governor may direct the reduction or
termination of supply of any or all energy resources being supplied to
the noncomplying party by any person or political subdivisions in this
state whose activities in furnishing energy resources are subject to
allocation, rationing, regulation or other control under ORS 176.750 to
176.815 or any other law of Oregon. A noncomplying party is entitled to
restoration of supply as soon as the party has achieved compliance.

(4) The Governor may apply to any circuit court for appropriate
equitable relief against any person who violates or fails to carry out an
executive order or directive under ORS 176.750 to 176.815. [1974 c.5 §13;
1999 c.1051 §164]

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