USA Statutes : oregon
Title : TITLE 32 MILITARY AFFAIRS; EMERGENCY SERVICES
Chapter : Chapter 401 Emergency Services and Communications
(1) The general purpose of
ORS 401.015 to 401.105, 401.260 to 401.325 and 401.355 to 401.580 is to
reduce the vulnerability of the State of Oregon to loss of life, injury
to persons or property and human suffering and financial loss resulting
from emergencies, and to provide for recovery and relief assistance for
the victims of such occurrences.

(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]As used in ORS 401.015 to 401.105, 401.260 to
401.325 and 401.355 to 401.580, unless the context requires otherwise:

(1) “Beneficiary” has the meaning given that term in ORS 656.005.

(2) “Commission” means the Seismic Safety Policy Advisory
Commission established under ORS 401.337.

(3) “Emergency” includes any human caused or natural event or
circumstance causing or threatening loss of life, injury to person or
property, human suffering or financial loss, and includes, but is not
limited to, fire, explosion, flood, severe weather, drought, earthquake,
volcanic activity, spills or releases of oil or hazardous material as
defined in ORS 466.605, contamination, utility or transportation
emergencies, disease, blight, infestation, crisis influx of migrants
unmanageable by the county, civil disturbance, riot, sabotage and war.

(4) “Emergency management agency” means an organization created and
authorized under ORS 401.015 to 401.105, 401.260 to 401.325 and 401.355
to 401.580 by the state, county or city to provide for and assure the
conduct and coordination of functions for comprehensive emergency program
management.

(5) “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.

(6) “Emergency program manager” means the person administering the
emergency management agency of a county or city.

(7) “Emergency service agency” means an organization within a local
government which performs essential services for the public’s 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.

(8) “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.

(9) “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 section 3 of the Act of January 12, 1951,
P.L. 81-920 (50 U.S.C. 2252).

(10) “Emergency services system” means that system composed of all
agencies and organizations involved in the coordinated delivery of
emergency services.

(11) “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.

(12) “Local government” means any governmental entity authorized by
the laws of this state.

(13) “Major disaster” means any event defined as a “major disaster”
under 42 U.S.C. 5122(2).

(14) “Oregon emergency management plan” means the state emergency
preparedness operations and management plan. The Office of Emergency
Management is responsible for coordinating emergency planning with
government agencies and private organizations, preparing the plan for the
Governor’s signature, and maintaining and updating the plan as necessary.

(15) “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.

(16) “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] (1) The
Governor is responsible for the emergency services system within the
State of Oregon.

(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 401.105, 401.260 to 401.325
and 401.355 to 401.580 and provide for the subdelegation of that
authority. [1983 c.586 §3]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. The Governor shall
participate on behalf of the State of Oregon with other states legally
joining in the compact in a form substantially as follows:

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___EMERGENCY MANAGEMENT

ASSISTANCE COMPACTArticle I - Purposes and AuthoritiesThis 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 ImplementationEach 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 - Party State ResponsibilitiesA. 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
party’s 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 - LimitationsAny 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 PermitsWhenever 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 - LiabilityOfficers 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 AgreementsInasmuch 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 - CompensationEach 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 - ReimbursementAny 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 - EvacuationPlans 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 - ImplementationA. 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 - ValidityThis 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 ProvisionsNothing 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.

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___

[2002 s.s.1 c.7 §2]Note: See note under 401.041.(Powers of Governor) (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 city’s 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 Superintendent of State Police,
the Governor cannot be reached by available communications facilities in
time to respond appropriately to an emergency, the superintendent 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 superintendent 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 Superintendent of State Police 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. [1983
c.586 §4; 1991 c.605 §1; 1993 c.187 §3]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
401.105, 401.260 to 401.325 and 401.355 to 401.580;

(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] Whenever the
Governor has declared a state of emergency under ORS 401.015 to 401.105,
401.260 to 401.325 and 401.355 to 401.580 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] Whenever
the Governor has declared a state of emergency under ORS 401.015 to
401.105, 401.260 to 401.325 and 401.355 to 401.580, 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](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] (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] 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]Whenever, at the request of the Governor, the
President of the United States has declared a major disaster to exist in
this state, the Governor is authorized:

(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]Whenever the President of the United States, at
the request of the Governor, with the concurrence of the Emergency Board
or Joint Ways and Means Committee of the Legislative Assembly, has
declared a major disaster to exist in this state, the Governor is
authorized:

(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](1) Whenever the Governor has declared a disaster emergency to exist
under the laws of this state, or the President of the United States, at
the request of the Governor, has declared a major disaster or emergency
to exist in this state, the Governor is authorized:

(a) Through the use of state departments or agencies, or the use of
any of the state’s 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] 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](Office of Emergency Management) (1)
The Emergency Management Division that has operated under this chapter is
continued as the Office of Emergency Management within the Department of
State Police and is made the emergency management agency for the State of
Oregon. The office shall be under the supervision of a director appointed
by the Superintendent of State Police with the approval of the Governor.
The appointee shall serve at the pleasure of the superintendent, shall
not be subject to the State Personnel Relations Law and shall be
qualified by education, training and experience in the emergency
management profession. The office shall be responsible administratively
to the superintendent, shall retain direct access to the Governor and
shall simultaneously notify the Governor and the superintendent of all
emergencies.

(2) The Superintendent of State Police, with the approval of the
Governor, may employ, subject to the applicable provisions of the State
Personnel Relations Law, such personnel as are necessary to carry out the
purposes of ORS 401.015 to 401.105, 401.260 to 401.325, 401.355 to
401.580 and 401.710 to 401.816, and shall fix their compensation in
accordance with the compensation plan for classified employees and make
expenditures within the appropriation therefor or from other funds made
available to the office for purposes of emergency program management.

(3) The continued mission of the Office of Emergency Management is
to execute the Governor’s responsibilities to maintain an emergency
services system as prescribed in this chapter by planning, preparing and
providing for the prevention, mitigation and management of emergencies or
disasters that present a threat to the lives and property of citizens of
and visitors to the State of Oregon. [1983 c.586 §10; 1993 c.187 §4] The Director of the Office of
Emergency Management shall be responsible for coordinating and
facilitating emergency planning, preparedness, response and recovery
activities with the state and local emergency services agencies and
organizations, and shall, with the approval of the Superintendent of
State Police or as directed by the Governor:

(1) Make rules that are necessary and proper for the administration
and implementation of ORS 401.015 to 401.105, 401.260 to 401.325, 401.355
to 401.580 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 401.105, 401.260 to 401.325 and 401.355 to
401.580 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 401.105, 401.260 to 401.325,
401.355 to 401.580 and 401.706;

(7) Serve as the Governor’s 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](1) The Department of State Police shall
maintain a system for the notification and interagency coordination of
state resources in response to natural and technological emergencies and
civil disorder involving multijurisdictional cooperation between the
various levels of government and private business entities.

(2) The notification system shall be managed by the Office of
Emergency Management as a continuously available communications network
and a component of the state’s 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 Oregon emergency management plan with
emergency service or administrative responsibilities, shall appoint an
emergency management coordinator as their representative to work with the
office on the development and implementation of emergency plans and
procedures.

(5) The Department of State Police shall adopt rules relating to
the planning, administration and operation of the notification system
maintained under this section. [1993 c.187 §8](1) The Office of Emergency Management is designated
as the sole agency of the State of Oregon for the purpose of negotiating
agreements with the Federal Emergency Management Agency or other
appropriate federal agency, on behalf of the state, for the acquisition
of federal funds for the purpose of providing emergency program
management and emergency services. All city or county emergency
management programs, emergency service agencies and state agencies
applying for such funds shall coordinate with the Office of Emergency
Management on development of proposals and shall submit applications to
the agency to be reviewed or processed, or both.

(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](2-1-1 Telecommunications System) 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. 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 Oregon where
a 2-1-1 service provider provides 2-1-1 services.

(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 Oregon nonprofit
organization that is devoted to creating a statewide 2-1-1 system. [2005
c.526 §3] 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] (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] (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]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](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] 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)(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; and

(d) The Oregon Department of Administrative Services.

(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](Powers of Local Governments)(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](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 401.105, 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]In carrying out
the provisions of ORS 401.015 to 401.105, 401.260 to 401.325 and 401.355
to 401.580, 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] (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]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)
(1) There is established a Seismic Safety Policy Advisory Commission
consisting of the following members:

(a) The chief officer or the chief officer’s 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 of the Department of State
Police; 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] (1) The mission of the Seismic
Safety Policy Advisory Commission shall be to reduce exposure to
earthquake hazards in Oregon by:

(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] (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] The Office of Emergency Management shall
provide technical, clerical and other necessary support services to the
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]
(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)(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 worker’s 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]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]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 401.105, 401.260 to 401.325 and 401.355 to
401.580, including such training as is necessary and proper to engage in
such activities. [Formerly 401.210] 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 Oregon. [Formerly 401.215; 1989 c.361
§9; 1993 c.187 §11] 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 disabled emergency service
workers 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]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] 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] (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 Department of
State Police.

(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] 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] If funds are not available
to the Office of Emergency Management to pay claims approved under ORS
401.355 to 401.465, the Department of State Police 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 of State Police shall request the Joint Committee on Ways and
Means to submit legislation necessary to provide such funds. [Formerly
401.245; 1993 c.187 §15]Liability of the State of Oregon or any agency thereof for the
payment of benefits under ORS 401.355 to 401.465 is contingent upon and
limited by the availability of funds. In the event that funds are not
sufficient to meet the benefit claims for a given period, priority among
claimants shall be determined according to the time of filing of the
claim. [Formerly 401.250]
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](Miscellaneous) 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](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 Oregon. Cumulative leave granted
shall not exceed 15 work days in any 12-month period. Such leave granted
shall not result in a loss of compensation, seniority, vacation time,
sick leave or accrued overtime for which the employee is otherwise
eligible. Compensation to an employee granted leave under this section
shall be at the employee’s regular rate of pay for those regular work
hours during which the employee is absent from work.

(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. In carrying out the
provisions of ORS 401.015 to 401.105, 401.260 to 401.325 and 401.355 to
401.580, 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]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] 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](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 401.105, 401.260 to 401.325 and 401.355 to 401.580 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 401.105, 401.260 to 401.325
and 401.355 to 401.580 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 401.105, 401.260 to 401.325 and 401.355 to 401.580,
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
401.105, 401.260 to 401.325 and 401.355 to 401.580 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 401.105, 401.260 to 401.325 and 401.355 to 401.580 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](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] 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 of the Department of State Police, 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 office’s 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]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. 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. 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) 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] The Office of Emergency
Management of the Department of State Police 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 shall not be 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](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 401.105, 401.260 to
401.325 and 401.355 to 401.580.

(3) The sheriff or authorized person 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) The sheriff or authorized person of each county shall work with
the county emergency program manager in coordinating search and rescue
activities in the county of the sheriff and in registering emergency
service workers. [1983 c.586 §25; 1993 c.187 §18] The
sheriff of each county, the county emergency program manager performing
the sheriff’s 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](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 for the county and shall describe procedures
for implementing those policies. A county search and rescue plan shall
list and describe materials, 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 Oregon for use in
search and rescue incidents. [1985 c.470 §2; 1993 c.18 §94; 1993 c.187
§20]After a search and rescue that, in
the opinion of the sheriff, is other than routine or upon request for a
critique from an individual directly involved in the incident, the
sheriff of the county in which the search and rescue took place shall
conduct a critique of the incident. 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. 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 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. 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. [1985 c.470 §3; 1993 c.187 §21] (1) An incident number
shall be assigned to each search and rescue reported by an authorized
person under ORS 401.015 to 401.105, 401.260 to 401.325 and 401.355 to
401.580.

(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](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.(Equipment and Signaling Devices) As used in ORS
401.605 to 401.635:

(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 401.635 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.(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.
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.No person may 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 such a device failed to function successfully unless the
person shows that the failure resulted from willful or wanton misconduct
of the defendant or from the defendant’s distributing or supplying such a
device having actual knowledge that it fails to meet the specifications
referred to in ORS 401.635. [1987 c.915 §3]Note: See note under 401.605.The Department of State Police by rule shall
adopt specifications and distribution procedures applicable to electronic
signaling devices described in ORS 401.605 to 401.635. The department may
appoint an advisory committee to advise it on the specifications and
procedures. [1987 c.915 §5; 1993 c.18 §96]Note: See note under 401.605.GOVERNOR’S NONEMERGENCY AUTHORITY TO ASSIGN COUNTY, CITY OR DISTRICT
RESOURCES(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.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.(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. 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.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.EMERGENCY HEALTH CARE SERVICES 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] (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
Oregon emergency health care provider;

(c) Identify the license or certification held by the health care
provider; and

(d) Identify the health care provider’s 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](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 impending public
health crisis 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 or crisis;

(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] Upon the
Governor declaring a state of emergency under ORS 401.055, or proclaiming
a state of impending public health crisis 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] (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](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] 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 SYSTEMSIt 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. 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) “Office” means the Office of Emergency Management of the
Department of State Police.

(10) “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.

(11) “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.

(12) “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.

(13) “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.

(14) “TTY” means a telephone-typewriter used by a hearing or speech
impaired person to communicate with another device or individual.

(15) “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.

(16) “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.

(17) “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.

(18) “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.

(19) “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] 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](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 Oregon Poison Center, Federal Bureau of
Investigation, a designated mental health crises service and United
States Coast Guard, where applicable. If there is more than one mental
health crises service in a jurisdiction, the county health department
shall decide which mental health crises service to list by using the
criteria of a 24-hour staffed service, nonprofit organization, and
non-9-1-1 participating agency. Referral to the community services
section will be made for other numbers.

(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]
(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](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](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](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]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]
All public safety answering points shall be capable of receiving 9-1-1
emergency calls from the hearing or speech impaired through a TTY. [1989
c.793 §6; 1995 c.276 §11] 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]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] (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 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 of the
office 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 arbitrator’s 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 mediator’s or arbitrator’s fees, shall be
divided equally among the disputing agencies. [1991 c.743 §9; 1995 c.781
§42; 2003 c.598 §43] (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 (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 subscriber’s 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 section 10, chapter 533, Oregon
Laws 1981 [401.792], as amended by section 1, chapter 793, Oregon Laws
1989, section 12, chapter 743, Oregon Laws 1991, section 1, chapter 808,
Oregon Laws 1993, section 2, chapter 276, Oregon Laws 1995, section 2,
chapter 740, Oregon Laws 2001, and section 1, chapter 5, Oregon Laws
2002, apply to subscriber bills issued on or after January 1, 2002, and
before January 1, 2008. [2002 s.s.1 c.5 §4(1); 2002 s.s.3 c.4 §1(1)]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 United States or the Constitution or laws of
the State of Oregon.

(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] 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] (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] (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 subscriber’s 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] (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 Oregon and for
the payment thereof to the Department of Revenue in the manner and at the
time provided by ORS 401.798.

(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] 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] (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]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 county’s
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] (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] (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]EMERGENCY COMMUNICATIONS DISTRICTS 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.(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 jurisdiction’s 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. (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. (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.
(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.(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.(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.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. (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. 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.(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.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. 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.(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 and sold in the manner prescribed in ORS
287.014 to 287.028. [1995 c.333 §36]Note: See note under 401.818. (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


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](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.(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
board’s 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.TSUNAMI INUNDATION ZONE (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. (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 Oregon coast.

(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: Section 3, chapter 819, Oregon Laws 2005, provides:

Sec. 3. Except as provided in sections 1 (3) and 2 (2) of this 2005
Act [401.861 (3) and 401.863 (2)], the Office of Emergency Management
shall adopt the rules required by sections 1 (2)(a) and 2 (1) of this
2005 Act [401.861 (2)(a) and 401.863 (1)] not later than March 1, 2006.
[2005 c.819 §3]Note: See note under 401.861. 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.STATE INTEROPERABILITY EXECUTIVE COUNCIL (1) The State
Interoperability Executive Council is created within the Office of
Emergency Management. 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 Director of the Office of Emergency Management may
be reimbursed from funds available to the Office of Emergency Management
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]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. 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 Oregon Interoperable Communication Plan. The goal of
the plan shall be to achieve statewide interoperability within six years
of September 2, 2005. In developing the plan, the council shall:

(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
Oregon.

(3) Approve, subject to approval by the Director of the Office of
Emergency Management, investments by the State of Oregon in public safety
communications systems.

(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
council’s other activities.

(7) Adopt rules necessary to carry out its duties and powers. [2005
c.825 §4]Note: See note under 401.871.Note: Sections 1 and 2, chapter 825, Oregon Laws 2005, provide:

Sec. 1. (1) The Oregon Legislative Assembly finds that:

(a) The public safety communications infrastructure of the State of
Oregon is rapidly aging, outdated and at severe risk of failure;

(b) The adopted policies and standards and specific deadlines
mandated by the Federal Communications Commission will require
replacement of statewide public safety communications infrastructure in
the State of Oregon;

(c) The reliability of mission-critical public safety
communications infrastructure during a man-made or natural disaster is
crucial to saving lives and property and to protecting the public during
an emergency;

(d) The deteriorating condition of our public safety radio systems
is of immediate concern because it compromises the safety and well-being
of the citizens of the State of Oregon who depend upon lifesaving
communications systems used by first responders;

(e) The majority of the communications systems in the State of
Oregon are unreliable, greatly increasing the danger to first responders
and law enforcement officers in carrying out their duty to protect the
citizens and property of the State of Oregon;

(f) It is in the public interest of Oregonians to plan for
improvement of the public safety communications infrastructure to ensure
long-term stability; and

(g) Federal funding for homeland security may be available to
facilitate all or part of the development and implementation of a plan
for improvement of the public safety communications infrastructure in the
State of Oregon.

(2) It is the policy of the State of Oregon:

(a) To develop, finance, maintain and operate a single emergency
response wireless communications infrastructure that supports both the
communications needs of all state agencies and ensures communications
interoperability among all state, local, tribal and federal public safety
agencies, thereby maximizing shared use of this invaluable public asset.

(b) To meet Federal Communications Commission mandates for the
conversion of public safety communications frequencies and spectrum
allocation by 2013. [2005 c.825 §1]

Sec. 2. (1) Under the direction of the Governor, the Office of
Emergency Management shall coordinate the work of public safety agencies
in the state and the State Interoperability Executive Council, created
under section 3 of this 2005 Act [401.871], to develop a Public Safety
Wireless Infrastructure Replacement Plan that:

(a) Guides consolidation of existing radio infrastructure;

(b) Provides for future management of the infrastructure;

(c) Details the engineering and technology specifications for
replacement and modernization of the public safety communications
infrastructure, allowing for alternative options and phased system
development; and

(d) Describes the overall benefits and cost of the system
including, but not limited to, specific descriptions of:

(A) The capability of the system to facilitate interconnections
among state, local and federal systems;

(B) How the system will comply with Federal Communications
Commission requirements; and

(C) Avoided costs the shared system can provide.

(2) The Office of Emergency Management shall:

(a) Submit reports on the progress of plan development to the
Emergency Board and the Joint Legislative Committee on Information
Management and Technology on or before November 30, 2005, and June 30,
2006.

(b) Submit the final plan to the Governor, the President of the
Senate and the Speaker of the House of Representatives on or before
January 12, 2007.

(c) Concurrent with submission of the final plan, submit to the
Legislative Assembly one or more proposals for financing implementation
of the plan that include consideration of the following financial
resources:

(A) Federal funding sources;

(B) Existing or new fee income or excise taxes; and

(C) Cooperative local and state financing components. [2005 c.825
§2] (1) The
Director of the Office of Emergency Management shall advise the State
Interoperability Executive Council on the implementation of the Oregon
Interoperable Communication Plan and coordinate interoperability among
all state agencies.

(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 director. [2005
c.825 §5]Note: See note under 401.871.OREGON HOMELAND SECURITY COUNCIL (1) The Oregon Homeland
Security Council is created within the Office of Emergency Management.
The council shall:

(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 office’s 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.PENALTIES Any person knowingly violating any provision of
ORS 401.015 to 401.105, 401.260 to 401.325 and 401.355 to 401.580, 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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