Chapter 530
AN ACT
SB 1002
Relating to search and rescue; creating new provisions; amending ORS
401.560, 401.573, 401.576 and 401.627; and repealing ORS 401.635.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 401.560 is amended to read:
401.560. (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] individual
authorized under subsection (1) or (2) of this section, of each county
shall notify the Office of Emergency Management of each search and rescue in
the county and shall request the assignment of incident numbers therefor.
[(4) 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.]
(4) When search and
rescue activities occur in a multicounty area:
(a) The sheriff, or the
authorized individual described in subsection (3) of this section, of one
county shall take charge or the counties shall form a unified command, as
outlined in the National Incident Management System Incident Command System
established by Homeland Security Presidential Directive 5 of February 28, 2003;
or
(b) If the appropriate
sheriff or the authorized individual does not assume command as described in
paragraph (a) of this subsection, the sheriff who received the initial call
shall take charge of the multicounty search and rescue.
SECTION 2.
ORS 401.573 is amended to read:
401.573. (1) The sheriff
of each county shall adopt a search and rescue plan for the county. The search
and rescue plan shall set forth search and rescue policies, including
policies for implementation of multicounty search and rescue activities,
for the county that comply with the relevant provisions of the National
Incident Management System Incident Command System established by Homeland
Security Presidential Directive 5 of February 28, 2003, and shall describe
procedures for implementing those policies. A county search and rescue plan
shall list and describe materials, mutual aid agreements, equipment and
personnel available within the county for search and rescue incidents. The plan
shall also include:
(a) A detailed
description of activities and circumstances that constitute search and rescue
in the county.
(b) Identification of
volunteer organizations available to the county for use for search and rescue.
(c) Procedures for
contacting and requesting assistance from volunteer organizations during search
and rescue activities.
(d) Procedures for
contacting and requesting available assistance from other agencies and groups.
(e) Minimum standards
for individuals whose technical or professional skills may be required for
search and rescue.
(2) A county search and
rescue plan adopted under this section shall require a person in charge of a
search and rescue to complete a fact sheet for the incident. The fact sheet
shall contain the incident number assigned under ORS 401.580 for search and
rescue and such other information required under the search and rescue plan of
the county.
(3) The sheriff of each
county shall review and, if necessary or desirable, revise the search and
rescue plan annually. After the initial adoption of a search and rescue plan
under this section and after each annual review or revision of the plan, the
sheriff shall submit the plan to the Search and Rescue Coordinator appointed
under ORS 401.550.
(4) The Office of
Emergency Management, after consultation with the Oregon State Sheriffs’
Association, may establish guidelines for county search and rescue plans.
(5) The Office of
Emergency Management shall annually publish and distribute to the sheriff of
each county a search and rescue resource inventory, which shall include
materials, equipment and personnel available from counties, agencies and the
State of
SECTION 3.
ORS 401.576 is amended to read:
401.576. (1)
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:
(a) If, in the opinion
of the sheriff, the critique would be useful; or
(b) Upon request from an
individual directly involved in the incident.
(2) As part of
the critique, the sheriff shall examine the search and rescue report and may
receive testimony and information from persons involved in the incident.
(3) When a
critique of a search and rescue is conducted under this section, the sheriff
shall prepare findings of fact concerning the search and rescue, including
the investigatory component, and may prepare recommendations for the
conduct of future incidents or propose amendments to the search and rescue plan
under which the search and rescue was conducted.
(4) If amendments
to the search and rescue plan are proposed and adopted, the sheriff shall file
the amended search and rescue plan with the Office of Emergency Management.
(5) The office shall,
in consultation with the
SECTION 4. (1)
If a peace officer has probable cause to believe that an individual is missing
and in danger, the officer may request that the Attorney General, a district
attorney, a city or county attorney or a circuit court judge execute in writing
and cause to be served an investigative subpoena upon an individual who is
believed, by the Attorney General, the district attorney, the city or county
attorney or circuit court judge, to have information, documents or physical
evidence that may be useful in locating the missing person.
(2) The investigative
subpoena requires the person, under oath or otherwise, to appear and testify,
to answer written interrogatories or to produce documents or physical evidence
for examination, at a reasonable time and place as may be stated in the
subpoena, to further the investigation into the whereabouts of the missing
individual.
(3) Information,
documents or physical evidence obtained pursuant to this section may not be
used for criminal investigation or prosecution.
(4) This section does
not alter the status of information, documents or physical evidence disclosed.
Notwithstanding disclosure for the purpose of locating a missing individual,
confidential information, documents or physical evidence retain their
confidential status.
SECTION 5. (1)
As used in this section:
(a) “Employee” means an
individual, other than a copartner of the employer or an independent
contractor, who renders personal services in this state to an employer that
pays or agrees to pay wages or other compensation to the individual for those
services.
(b) “Employer” means a
person who employs one or more employees in this state. “Employer” includes the
State of
(2) Upon request of an
employee who is a search and rescue volunteer accepted to participate in search
and rescue activities by the sheriff, an employer may grant a leave of absence
to the employee until release from the search and rescue activities permits the
employee to resume the duties of employment.
(3) The regular
employment position of an employee on leave of absence under this section is
considered vacant only for the period of the leave of absence. The employee is
not subject to removal or discharge from the position as a consequence of the
leave of absence.
(4) Upon the termination
of a leave of absence under this section, the employer shall restore the
employee to the employee’s position or an equivalent position without loss of
seniority, vacation credits, sick leave credits, service credits under a
pension plan or any other employee benefit or right that had been earned at the
time of the leave of absence.
(5) An employer is not
required to pay wages or other monetary compensation to an employee during a
leave of absence under this section.
SECTION 6. Sections
4 and 5 of this 2007 Act are added to and made a part of ORS 401.355 to
401.580.
SECTION 7. ORS
401.635 is repealed.
SECTION 8.
ORS 401.627 is amended to read:
401.627. [No] A person may not
maintain an action against the manufacturer, distributor or supplier of an
electronic signaling device for any loss or damage incurred during wilderness
travel or mountain climbing, based on a claim that [such a] the device failed to function successfully unless
the person shows that the failure resulted from:
(1) Willful or wanton misconduct of the
defendant; or [from]
(2) The defendant’s
distributing or supplying [such a] the
device having actual knowledge that [it
fails to meet the specifications referred to in ORS 401.635] the device
is unsuitable for the purpose.
Approved by the Governor June 20, 2007
Filed in the office of Secretary of State June 21, 2007
Effective date January 1, 2008
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