Chapter 97
AN ACT
SB 330
Relating to intrastate compact for resource
sharing; creating new provisions; and amending ORS 401.025.
Be It Enacted by the People of
the State of
SECTION 1. The Legislative Assembly finds that:
(1) In order to minimize
the impact of an event that overwhelms the resources of a local government, one
local government should be able to make resources available to another local
government as quickly as possible.
(2) It is appropriate to
establish an efficient and permissive intrastate mutual assistance compact
among local governments that will allow local governments
maximum flexibility to protect life and property within their jurisdictions.
SECTION 2. As used in sections 1 to 9 of this 2007 Act:
(1) “Event” means an
incident that overwhelms or may overwhelm the resources of a local government.
(2) “Requesting local
government” means a local government that requests assistance from other local
governments.
(3) “Resources” means employees, services, equipment and supplies of a
responding local government.
(4) “Responding local
government” means a local government that has responded to a requesting local
government by providing resources.
SECTION 3. (1) There is created an intrastate mutual
assistance compact among the local governments within this state.
(2) The compact
streamlines the process by which a local government:
(a) Requests assistance
from another local government whenever an event occurs; and
(b) Temporarily acquires
resources for training, drills or exercises.
(3) The compact does
not:
(a) Require a local
government to provide resources to a requesting local government.
(b) Preclude a local
government from entering into any other agreement with another local
government.
(c) Affect any other
agreement to which a local government is a party or may become a party.
SECTION 4. (1) A local government may request
assistance to:
(a) Prevent, mitigate,
respond to or recover from an event; or
(b) Work on its own or
with other local governments in training, drills or exercises.
(2) A request for
assistance must be made by or through the presiding officer of the governing
body of a requesting local government or the chief executive officer or chief
executive officer’s designee of the requesting local government.
(3) A request for
assistance may be oral or written. If a request is oral, the responding local
government must document its response to the requesting local government in
writing within 30 days from the date on which the request was made.
(4) Response and the
extent of the response are voluntary and may be terminated at anytime.
SECTION 5. (1) A responding local government may
withhold resources to the extent necessary to provide reasonable protection and
services for the responding local government.
(2) For purposes of the
operational and tactical objectives required by the requesting local
government, the resources of a responding local government are under the direct
command and control of the requesting local government.
(3) Unless otherwise
directed by the requesting local government:
(a) The employees of the
responding local government shall use the standard operating procedures,
medical and other protocols and rating procedures used by the responding local
government to accomplish the strategic and tactical goals.
(b) The services,
equipment and supplies of the responding local government shall be used under
the standard operating procedures, medical and other protocols and rating
procedures used by the responding local government to accomplish the strategic
and tactical goals.
(4) Notwithstanding
subsection (2) of this section, employees of the responding local government
remain at all times employees of the responding local government and under the
ultimate command and control of the responding local government.
SECTION 6. Subject to any limitations and conditions
the governing body of the requesting local government may prescribe, if an
employee of a responding local government holds a license, certificate, permit
or similar documentation that evidences the employee’s qualifications in a
professional, technical or other skill, the employee is considered to be
licensed, certified or permitted in the jurisdiction of the requesting local
government for the duration of the event or the training, drills or exercises.
SECTION 7. (1) The intent of the intrastate mutual
assistance compact created under section 3 of this 2007 Act is to provide for
nonreimbursable assistance to a requesting local government.
(2) Notwithstanding
subsection (1) of this section, a responding local government may request
reimbursement and a requesting local government may reimburse the responding
local government.
(3) A request for
reimbursement must be made and agreed to in writing prior to the provision of
resources by the responding local government.
(4) If a dispute
regarding reimbursement arises between a requesting local government and a
responding local government, the involved local governments shall make every
effort to resolve the dispute within 30 days of written notice of the dispute
given by the local government asserting noncompliance to the other local
government.
(5) If the local
governments cannot resolve the dispute within 90 days after receipt of the
notice of alleged noncompliance, either local government in the dispute may
submit the dispute to arbitration under the commercial arbitration rules of the
American Arbitration Association.
SECTION 8. If a person is an employee of a responding
local government and the person sustains injury in the course of providing
requested assistance, the person is entitled to all applicable benefits,
including workers’ compensation, normally available to the employee while
performing regular duties for the responding local government.
SECTION 9. (1) Assistance rendered by an employee of a
responding local government is a governmental function.
(2) Employees of a
responding local government are agents of the requesting local government.
(3) The requesting local
government shall defend, save harmless and indemnify an employee of a
responding local government to the same extent the requesting local government
is required to do for its employees as provided in ORS 30.285 and 30.287.
SECTION 10. ORS 401.025 is amended to read:
401.025. As used in ORS
401.015 to 401.105, 401.260 to 401.325 and 401.355 to 401.580 and sections 1
to 9 of this 2007 Act, 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)] 50 U.S.C. app. 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) “
(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.
Approved by the Governor May 7, 2007
Filed in the office of Secretary of State May 7, 2007
Effective date January 1, 2008
__________