74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2370
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Joint Interim Committee on
Emergency Preparedness)
CHAPTER ................
AN ACT
Relating to Oregon security; creating new provisions; amending
ORS 195.260, 401.025, 401.055, 401.270, 401.275, 401.280,
401.300, 401.337, 401.347, 401.425, 401.445, 401.535, 401.555,
401.710, 401.785, 401.871, 401.872, 401.874, 453.342, 466.635,
824.088 and 837.035; repealing ORS 401.260; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2007 Act is added to and made
a part of ORS 401.260 to 401.325. + }
SECTION 2. { + (1) The Office of Emergency Management is
established in the Oregon Military Department.
(2) The office shall be responsible for:
(a) Coordinating and facilitating private sector and
governmental efforts to prevent, prepare for, respond to and
recover from emergencies; and
(b) Coordinating exercises and training, planning,
preparedness, response, mitigation and recovery activities with
state and local emergency services agencies and
organizations. + }
SECTION 3. { + (1) The Office of Emergency Management is under
the supervision and control of a director, who is responsible for
the performance of the duties, functions and powers of the
office.
(2) The Adjutant General, with the approval of the Governor,
shall appoint the Director of the Office of Emergency Management,
who holds office at the pleasure of the Adjutant General.
(3) The director shall be paid a salary as provided by law or,
if not so provided, as prescribed by the Adjutant General, with
the approval of the Governor.
(4) For purposes of administration, subject to the approval of
the Adjutant General, the director may organize and reorganize
the office as the director considers necessary to properly
conduct the work of the office.
(5) The director may divide the functions of the office into
administrative divisions. Subject to the approval of the Adjutant
General, the director may appoint an individual to administer
each division. The administrator of each division serves at the
pleasure of the director and is not subject to the provisions of
ORS chapter 240. Each individual appointed under this subsection
Enrolled House Bill 2370 (HB 2370-C) Page 1
must be well qualified by technical training and experience in
the functions to be performed by the individual. + }
SECTION 4. { + (1) The Director of the Office of Emergency
Management may, by written order filed with the Secretary of
State, appoint a deputy director. The deputy director serves at
the pleasure of the director, has authority to act for the
director in the absence of the director and is subject to the
control of the director at all times.
(2) Subject to any applicable provisions of ORS chapter 240,
the director shall appoint all subordinate officers and employees
of the Office of Emergency Management, prescribe their duties and
fix their compensation. + }
SECTION 5. { + In accordance with applicable provisions of ORS
chapter 183, the Director of the Office of Emergency Management
may adopt rules necessary for the administration of the laws that
the Office of Emergency Management is charged with
administering. + }
SECTION 6. { + (1) To aid and advise the Director of the
Office of Emergency Management in the performance of the
functions of the Office of Emergency Management, the director may
establish such advisory and technical committees as the director
considers necessary. The committees may be continuing or
temporary. The director shall determine the representation,
membership, terms and organization of the committees and shall
appoint their members. The director is an ex officio member of
each committee.
(2) Members of the committees are not entitled to compensation,
but in the discretion of the director may be reimbursed from
funds available to the office for actual and necessary travel and
other expenses incurred by them in the performance of their
official duties in the manner and amount provided in ORS
292.495. + }
SECTION 7. { + The Director of the Office of Emergency
Management may enter into interagency agreements with other state
agencies that the director determines are necessary to carry out
the duties of the Office of Emergency Management. + }
SECTION 8. { + (1) The following departments shall designate a
person within each department to act as a liaison with the Office
of Emergency Management:
(a) The Department of Transportation;
(b) The State Department of Agriculture;
(c) The Department of Environmental Quality;
(d) The Department of Human Services;
(e) The State Department of Energy;
(f) The Oregon Department of Administrative Services;
(g) The Department of State Police;
(h) The State Department of Geology and Mineral Industries; and
(i) The Oregon Military Department.
(2) Each person designated as a liaison under subsection (1) of
this section shall assist in the coordination of the functions of
the person's department that relate to emergency preparedness and
response with similar functions of the Office of Emergency
Management. + }
SECTION 9. { + (1) The Office of Emergency Management in the
Department of State Police is abolished. On the operative date of
this section, the tenure of office of the Director of the Office
of Emergency Management ceases.
(2) All the duties, functions and powers of the Office of
Emergency Management in the Department of State Police are
Enrolled House Bill 2370 (HB 2370-C) Page 2
imposed upon, transferred to and vested in the Office of
Emergency Management in the Oregon Military Department. + }
SECTION 10. { + (1) The Superintendent of State Police shall:
(a) Deliver to the Office of Emergency Management in the Oregon
Military Department all records and property within the
jurisdiction of the superintendent that relate to the duties,
functions and powers transferred by section 9 of this 2007 Act;
and
(b) Transfer to the Office of Emergency Management in the
Oregon Military Department those employees engaged primarily in
the exercise of the duties, functions and powers transferred by
section 9 of this 2007 Act.
(2) The Director of the Office of Emergency Management in the
Oregon Military Department shall take possession of the records
and property, and shall take charge of the employees and employ
them in the exercise of the duties, functions and powers
transferred by section 9 of this 2007 Act, without reduction of
compensation but subject to change or termination of employment
or compensation as provided by law.
(3) The Adjutant General shall resolve any dispute between the
Office of Emergency Management in the Department of State Police
and the Office of Emergency Management in the Oregon Military
Department relating to transfers of records, property and
employees under this section, and the Adjutant General's decision
is final. + }
SECTION 11. { + (1) The unexpended balances of amounts
authorized to be expended by the Office of Emergency Management
in the Department of State Police for the biennium beginning July
1, 2007, from revenues dedicated, continuously appropriated,
appropriated or otherwise made available for the purpose of
administering and enforcing the duties, functions and powers
transferred by section 9 of this 2007 Act are appropriated and
transferred to and are available for expenditure by the Office of
Emergency Management in the Oregon Military Department for the
biennium beginning July 1, 2007, for the purpose of administering
and enforcing the duties, functions and powers transferred by
section 9 of this 2007 Act.
(2) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the Office of
Emergency Management in the Department of State Police remain
applicable to expenditures by the Office of Emergency Management
in the Oregon Military Department under this section. + }
SECTION 12. { + The transfer of duties, functions and powers
to the Office of Emergency Management in the Oregon Military
Department by section 9 of this 2007 Act does not affect any
action, proceeding or prosecution involving or with respect to
such duties, functions and powers begun before and pending at the
time of the transfer, except that the Office of Emergency
Management in the Oregon Military Department is substituted for
the Office of Emergency Management in the Department of State
Police in the action, proceeding or prosecution. + }
SECTION 13. { + (1) Nothing in sections 9 to 12 of this 2007
Act relieves a person of a liability, duty or obligation accruing
under or with respect to the duties, functions and powers
transferred by section 9 of this 2007 Act. The Office of
Emergency Management in the Oregon Military Department may
undertake the collection or enforcement of any such liability,
duty or obligation.
(2) The rights and obligations of the Office of Emergency
Management in the Department of State Police legally incurred
Enrolled House Bill 2370 (HB 2370-C) Page 3
under contracts, leases and business transactions executed,
entered into or begun before the operative date of section 9 of
this 2007 Act are transferred to the Office of Emergency
Management in the Oregon Military Department. For the purpose of
succession to these rights and obligations, the Office of
Emergency Management in the Oregon Military Department is a
continuation of the Office of Emergency Management in the
Department of State Police and not a new authority. + }
SECTION 14. { + Notwithstanding the transfer of duties,
functions and powers by section 9 of this 2007 Act, the rules of
the Office of Emergency Management in the Department of State
Police in effect on the operative date of section 9 of this 2007
Act continue in effect until superseded or repealed by rules of
the Office of Emergency Management in the Oregon Military
Department. References in rules of the Office of Emergency
Management in the Department of State Police to the Office of
Emergency Management in the Department of State Police or an
officer or employee of the Office of Emergency Management in the
Department of State Police are considered to be references to the
Office of Emergency Management in the Oregon Military Department
or an officer or employee of the Office of Emergency Management
in the Oregon Military Department. + }
SECTION 15. { + Whenever, in any uncodified law or resolution
of the Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, reference is
made to the Office of Emergency Management in the Department of
State Police or an officer or employee of the Office of Emergency
Management in the Department of State Police, the reference is
considered to be a reference to the Office of Emergency
Management in the Oregon Military Department or an officer or
employee of the Office of Emergency Management in the Oregon
Military Department. + }
SECTION 16. { + The Director of the Office of Emergency
Management may be appointed before the operative date of section
9 of this 2007 Act and may take any action before that date that
is necessary to enable the director to exercise, on and after the
operative date of section 9 of this 2007 Act, the duties,
functions and powers of the director pursuant to section 9 of
this 2007 Act. + }
SECTION 17. { + Except as otherwise specifically provided in
section 16 of this 2007 Act, sections 1 to 15, 18 and 19 of this
2007 Act, the amendments to statutes by sections 20 to 41 of this
2007 Act and the repeal of ORS 401.260 by section 42 of this 2007
Act become operative on July 1, 2007. + }
SECTION 18. { + Section 19 of this 2007 Act is added to and
made a part of ORS 401.015 to 401.105. + }
SECTION 19. { + (1) As used in this section, 'unit of
government' means any department or agency of the federal
government, any state or any agency, office or department of a
state, any city, county, district, commission, authority, entity,
port or other public corporation organized and existing under
statutory law or under a voter-approved charter and any
intergovernmental entity created under ORS 190.003 to 190.130,
190.410 to 190.440 or 190.480 to 190.490.
(2) Notwithstanding ORS 401.065, 401.085, 401.095 and 401.115,
during a state of emergency declared under ORS 401.055, a unit of
government may not seize a firearm from an individual who
lawfully possesses the firearm.
(3) If a unit of government seizes a firearm from an individual
during a state of emergency in violation of this section, the
Enrolled House Bill 2370 (HB 2370-C) Page 4
individual may recover from the unit of government that seized
the firearm all costs incurred in the recovery of the firearm,
including attorney fees, court costs and any other costs incurred
in the recovery of the firearm. + }
SECTION 20. ORS 401.025, as amended by section 5, chapter 223,
Oregon Laws 2007 (Enrolled Senate Bill 118), 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, unless the context requires otherwise:
(1) 'Abnormal disruption of the market' means any human created
or natural event or circumstance that causes essential consumer
goods or services to be not readily available.
(2) 'Beneficiary' has the meaning given that term in ORS
656.005.
(3) 'Commission' means the Seismic Safety Policy Advisory
Commission established under ORS 401.337.
(4) 'Emergency' { - includes any - } { + means a + } human
created or natural event or circumstance { - causing or
threatening - } { + that causes or threatens widespread:
(a) + } Loss of life { - , - } { + ;
(b) + } Injury to person or property { - , - } { + ;
(c) + } Human suffering { + ; + } or
{ + (d) + } Financial loss { - , and includes a crisis
influx of migrants unmanageable by a county - } .
(5) '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 - } { + ensure + } the conduct and
coordination of functions for comprehensive emergency program
management.
(6) 'Emergency program management' includes all the tasks and
activities necessary to provide, support and maintain the ability
of the emergency services system to prevent or reduce the impact
of emergency or disaster conditions which includes, but is not
limited to, coordinating development of plans, procedures,
policies, fiscal management, coordination with nongovernmental
agencies and organizations, providing for a coordinated
communications and alert and notification network and a public
information system, personnel training and development and
implementation of exercises to routinely test the emergency
services system.
(7) 'Emergency program manager' means the person administering
the emergency management agency of a county or city.
(8) 'Emergency service agency' means an organization within a
local government which performs essential services for the
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.
(9) 'Emergency service worker' means an individual who, under
the direction of an emergency service agency or emergency
management agency, performs emergency services and:
(a) Is a registered volunteer or independently volunteers to
serve without compensation and is accepted by the Office of
Emergency Management or the emergency management agency of a
county or city; or
(b) Is a member of the Oregon State Defense Force acting in
support of the emergency services system.
(10) 'Emergency services' includes those activities provided by
state and local government agencies with emergency operational
Enrolled House Bill 2370 (HB 2370-C) Page 5
responsibilities to prepare for and carry out any activity to
prevent, minimize, respond to or recover from an emergency. These
activities include, without limitation, coordination,
preparedness planning, training, interagency liaison, fire
fighting, oil or hazardous material spill or release cleanup as
defined in ORS 466.605, law enforcement, medical, health and
sanitation services, engineering and public works, search and
rescue activities, warning and public information, damage
assessment, administration and fiscal management, and those
measures defined as 'civil defense' in 50 U.S.C. app. 2252.
(11) 'Emergency services system' means that system composed of
all agencies and organizations involved in the coordinated
delivery of emergency services.
(12) 'Essential consumer goods or services' means goods or
services that:
(a) Are or may be bought or acquired primarily for personal,
family or household purposes, including but not limited to
residential construction materials or labor, shelter for payment
such as a hotel room, food, water or petroleum products such as
gasoline or diesel fuel; and
(b) Are necessary for the health, safety or welfare of
consumers.
(13) 'Human created or natural event or circumstance '
includes, but is not limited to { - , - } { + :
(a) + } Fire, explosion, flood, severe weather, landslides or
mud slides, drought, earthquake, volcanic activity, tsunamis or
other oceanic phenomena, spills or releases of oil or hazardous
material as defined in ORS 466.605, contamination, utility or
transportation emergencies, disease, blight, infestation, civil
disturbance, riot, sabotage, acts of terrorism { - or - } { +
and + } war { + ; and
(b) A rapid influx of individuals from outside this state, a
rapid migration of individuals from one part of this state to
another or a rapid displacement of individuals if the influx,
migration or displacement results from the type of event or
circumstance described in paragraph (a) of this subsection + }.
(14) 'Injury' means any personal injury sustained by an
emergency service worker by accident, disease or infection
arising out of and in the course of emergency services or death
resulting proximately from the performance of emergency services.
(15) 'Local government' means any governmental entity
authorized by the laws of this state.
(16) 'Major disaster' means any event defined as a 'major
disaster' under 42 U.S.C. 5122(2).
(17) '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.
(18) 'Search and rescue' means the acts of searching for,
rescuing or recovering, by means of ground or marine activity,
any person who is lost, injured or killed while out of doors.
However, ' search and rescue' does not include air activity in
conflict with the activities carried out by the Oregon Department
of Aviation.
(19) 'Sheriff' means the chief law enforcement officer of a
county.
SECTION 21. ORS 401.055 is amended to read:
Enrolled House Bill 2370 (HB 2370-C) Page 6
401.055. (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 - } { + Adjutant General + }, the Governor cannot be
reached by available communications facilities in time to respond
appropriately to an emergency, the { - superintendent - }
{ + Adjutant General + } shall notify the Secretary of State or,
if the Secretary of State is not available, the State Treasurer
that the Governor is not available.
(b) After notice from the { - superintendent - }
{ + Adjutant General + } that the Governor is not available, the
elected state official so notified may declare a state of
emergency pursuant to the provisions of subsections (1) and (2)
of this section.
(c) If the { - Superintendent of State Police - }
{ + Adjutant General + } is unavailable to carry out the duties
described in this subsection, such duties shall be performed by
the Director of the Office of Emergency Management.
(4) Any state of emergency declared by the Secretary of State
or State Treasurer pursuant to this section has the same force
and effect as if issued by the Governor, except that it must be
affirmed by the Governor as soon as the Governor is reached.
However, if the Governor does not set aside the proclamation
within 24 hours of being reached, the proclamation shall be
considered affirmed by the Governor.
(5) Any proclamation of a state of emergency must specify the
geographical area covered by the proclamation. Such area shall be
no larger than necessary to effectively respond to the emergency.
SECTION 22. ORS 401.270 is amended to read:
401.270. The Director of the Office of Emergency Management
shall be responsible for coordinating and facilitating
{ + exercises and training, + } emergency planning,
preparedness, response { + , mitigation + } and recovery
activities with the state and local emergency services agencies
and organizations, and shall, with the approval of the
{ - Superintendent of State Police - } { + Adjutant
General + } or as directed by the Governor:
(1) Make rules that are necessary and proper for the
administration and implementation of ORS 401.015 to 401.105,
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;
Enrolled House Bill 2370 (HB 2370-C) Page 7
(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.
SECTION 23. ORS 401.275 is amended to read:
401.275. (1) { + (a) + } 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.
{ + (b) The department shall provide the Office of Emergency
Management with a service level agreement that describes the
continued daily operations and maintenance of the system, the
services and supplies needed to maintain the system 24 hours a
day, every day of the year and the policies and procedures that
support the overall notification system. + }
(2) The notification system shall be managed by the Office of
Emergency Management as a continuously available communications
network and a component of the 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 - } { + Office of
Emergency Management + } shall adopt rules relating to the
planning, administration and operation of the notification system
maintained under this section.
SECTION 24. ORS 401.280 is amended to read:
401.280. (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 - } { + United States Department of Homeland
Enrolled House Bill 2370 (HB 2370-C) Page 8
Security + } 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 - }
{ + office + } on development of proposals and shall submit
applications to the { - agency - } { + department + } 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.
SECTION 25. ORS 401.300 is amended to read:
401.300. (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 { + ;
(e) The Department of Education;
(f) The Oregon Fire Chiefs' Association;
(g) The Oregon Association Chiefs of Police; and
(h) The Oregon Association of Hospitals and Health Systems + }.
(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.
Enrolled House Bill 2370 (HB 2370-C) Page 9
(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.
SECTION 26. ORS 401.337 is amended to read:
401.337. (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.
SECTION 27. ORS 401.347 is amended to read:
401.347. The Office of Emergency Management shall provide
technical, clerical and other necessary support services to the
{ + Seismic Safety Policy Advisory + } Commission. The
Department of Consumer and Business Services, the Department of
Human Services, the State Department of Geology and Mineral
Industries, the Department of Land Conservation and Development,
the Department of Transportation, the Water Resources Department
and the Oregon University System shall provide assistance, as
required, to the commission to enable it to meet its objectives.
SECTION 28. ORS 401.425 is amended to read:
Enrolled House Bill 2370 (HB 2370-C) Page 10
401.425. (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 - } { + office + }.
(2) The right to benefits under ORS 401.355 to 401.465 shall be
barred unless written claim is filed with the office within 90
days after the injury, or, if death results therefrom, within 90
days after death. However, if death occurs more than one year
after the injury, the right shall be barred unless prior written
claim based on the injury has been timely filed. The requirements
of this subsection may be waived by the office on the ground
that, for good and sufficient reason, claim could not be filed on
time.
SECTION 29. ORS 401.445 is amended to read:
401.445. 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 - } { + Oregon Military
Department + } shall request allocation of necessary funds from
the Emergency Board if the unavailability occurs during the
interim between sessions of the Legislative Assembly. If the
unavailability occurs during a session, the { - Department of
State Police - } { + department + } shall request the Joint
Committee on Ways and Means to submit legislation necessary to
provide such funds.
SECTION 30. ORS 401.535 is amended to read:
401.535. 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.
SECTION 31. ORS 401.555 is amended to read:
401.555. 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 - } { + is not + } limited to, the following:
(1) The formation of a volunteer air search and rescue
organization and provision of appropriate training to this
organization.
(2) Directing, coordinating and performing air activities in
conjunction with air search and rescue and other emergency
situations.
(3) Entering into agreements with private persons, volunteer
organizations, and federal, state and local agencies for air
search and rescue and other emergency activities.
Enrolled House Bill 2370 (HB 2370-C) Page 11
(4) Such other related activities as may be deemed necessary
and appropriate by the Director of the Office of Emergency
Management.
SECTION 32. ORS 401.710 is amended to read:
401.710. 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) - } { + (9) + } 'Provider' means a utility or
other vendor or supplier of telecommunications service or
equipment that provides telecommunications with access to the
9-1-1 emergency reporting system through local exchange service,
cellular service or other wired or wireless means.
{ - (11) - } { + (10) + } 'Public or private safety agency'
means any unit of state or local government, a special-purpose
district or a private firm that provides or has authority to
provide fire-fighting, police, ambulance or emergency medical
services.
{ - (12) - } { + (11) + } 'Public safety answering point'
means a 24-hour communications facility established as an
answering location for 9-1-1 calls originating within a given
service area. A 'primary public safety answering point' receives
all calls directly from the public. A 'secondary public safety
answering point' only receives calls from a primary public safety
answering point on a transfer or relay basis.
{ - (13) - } { + (12) + } 'Subscriber' means a person who
has telecommunication access to the 9-1-1 emergency reporting
system through local exchange service, cellular service or other
wired or wireless means.
{ - (14) - } { + (13) + } 'TTY' means a
telephone-typewriter used by a hearing or speech impaired person
to communicate with another device or individual.
{ - (15) - } { + (14) + } 'Utility' means a utility as
defined in ORS 759.005, a telecommunications carrier as defined
Enrolled House Bill 2370 (HB 2370-C) Page 12
in ORS 133.721 or a municipality or any provider of exchange
access services.
{ - (16) - } { + (15) + } 'Vendor' means any corporation,
company, individual or association, providing telephone customer
premises equipment or equipment specific to the operation of
enhanced 9-1-1 telephone service.
{ - (17) - } { + (16) + } '9-1-1 emergency reporting
system' means a telephone service that provides the users of a
public telephone system the ability to reach a primary public
safety answering point by calling 9-1-1.
{ - (18) - } { + (17) + } '9-1-1 jurisdiction' means an
entity created under ORS chapter 190, a county service district
established under ORS chapter 451 to provide an emergency
communications system, an emergency communications district
created under ORS 401.818 to 401.857 or a group of public or
private safety agencies who have agreed in writing to jointly
plan the installation, maintenance, operation or improvement of a
9-1-1 emergency reporting system.
{ - (19) - } { + (18) + } '9-1-1 service area' means the
geographical area that contains the entire central office serving
area from which the primary public safety answering point will
have the capability to answer calls placed to 9-1-1.
SECTION 33. ORS 401.785 is amended to read:
401.785. (1) All disputes between a governing body, 9-1-1
jurisdiction and public or private safety agency regarding a
9-1-1 system, not otherwise resolved in accordance with a written
agreement shall be mediated. When a governing body or 9-1-1
jurisdiction obtains knowledge that a dispute exists and cannot
be resolved by the agencies, it shall notify the Office of
Emergency Management of the dispute in writing. Within 30 days of
this notification, the disputing agencies shall mutually select a
mediator and notify the office in writing of this selection. If a
mediator is not mutually selected by the agencies within this
period, the Director of the Office { + of Emergency
Management + } shall select a mediator from the list of mediators
established under subsection (3) of this section. Once selected,
the mediator shall establish a schedule for the mediation
process. The disputing agencies shall have 60 days from the date
the mediator is agreed upon or selected to mediate the dispute
unless the agencies mutually agree in writing to an extension of
this deadline. A copy of all extensions shall be submitted to the
office.
(2) When the mediation process in subsection (1) of this
section ends, the mediator shall notify the office in writing of
the outcome of the mediation. If the agencies are not able to
resolve their dispute through mediation, the 9-1-1 jurisdiction
or governing body and public or private safety agency or agencies
shall submit the dispute to arbitration. The agencies shall have
30 days from the end of the mediation to select an arbitrator. If
the disputing agencies are unable to mutually select an
arbitrator within this period, the director { - 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
Enrolled House Bill 2370 (HB 2370-C) Page 13
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.
SECTION 34. ORS 401.871 is amended to read:
401.871. (1) The State Interoperability Executive Council is
created within the { - Office of Emergency Management - } { +
Department of State Police + }. The membership of the council
shall consist of:
(a) Two members from the Legislative Assembly, as follows:
(A) The President of the Senate shall appoint one member from
the Senate with an interest in public safety communications
infrastructure; and
(B) The Speaker of the House of Representatives shall appoint
one member from the House of Representatives with an interest in
public safety and wireless communications infrastructure.
(b) The following members appointed by the Governor:
(A) One member from the Department of State Police;
(B) One member from the Office of Emergency Management;
(C) One member from the State Forestry Department;
(D) One member from the Department of Corrections;
(E) One member from the Department of Transportation;
(F) One member from the Oregon Department of Administrative
Services;
(G) One member from the Department of Human Services;
(H) One member from the Oregon Military Department;
(I) One member from the Department of Public Safety Standards
and Training;
(J) One member of an Indian tribe as defined in ORS 97.740;
(K) One member from a nonprofit professional organization
devoted to the enhancement of public safety communications
systems; and
(L) One member from the public.
(c) The following members appointed by the Governor with the
concurrence of the President of the Senate and the Speaker of the
House of Representatives:
(A) One member from the Oregon Fire Chiefs' Association;
(B) One member from the Oregon Association Chiefs of Police;
(C) One member from the Oregon State Sheriffs' Association;
(D) One member from the Association of Oregon Counties;
(E) One member from the League of Oregon Cities; and
(F) One member from the Special Districts Association of
Oregon.
(2) Each agency or organization identified in subsection
(1)(b)(A) to (I) and (1)(c) of this section shall recommend a
person from the agency or organization for membership on the
council.
(3) Members of the council are not entitled to compensation,
but in the discretion of the { - Director of the Office of
Emergency Management - } { + Superintendent of State Police + }
may be reimbursed from funds available to the { - Office of
Emergency Management - } { + Department of State Police + } for
actual and necessary travel and other expenses incurred by them
in the performance of their official duties in the manner and
amount provided in ORS 292.495.
Enrolled House Bill 2370 (HB 2370-C) Page 14
(4) Members of the Legislative Assembly appointed to the
council are nonvoting members and may act in an advisory capacity
only.
SECTION 35. ORS 401.872 is amended to read:
401.872. 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 - } { + Superintendent of State
Police + }, 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.
SECTION 36. ORS 401.874 is amended to read:
401.874. (1) The { - Director of the Office of Emergency
Management - } { + Superintendent of State Police + } 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 - } { + superintendent + }.
SECTION 37. ORS 195.260 is amended to read:
195.260. (1) In order to reduce the risk of serious bodily
injury or death resulting from rapidly moving landslides, a local
government:
(a) Shall exercise all available authority to protect the
public during emergencies, consistent with ORS 401.015.
(b) May require a geotechnical report and, if a report is
required, shall provide for a coordinated review of the
Enrolled House Bill 2370 (HB 2370-C) Page 15
geotechnical report by the State Department of Geology and
Mineral Industries or the State Forestry Department, as
appropriate, before issuing a building permit for a site in a
further review area.
(c) Except those structures exempt from building codes under
ORS 455.310 and 455.315, shall amend its land use regulations, or
adopt new land use regulations, to regulate the siting of
dwellings and other structures designed for human occupancy,
including those being restored under ORS 215.130 (6), in further
review areas where there is evidence of substantial risk for
rapidly moving landslides. All final decisions under this
paragraph and paragraph (b) of this subsection are the
responsibility of the local government with jurisdiction over the
site. A local government may not delegate such final decisions to
any state agency.
(d) May deny a request to issue a building permit if a
geotechnical report discloses that the entire parcel is subject
to a rapidly moving landslide or that the subject lot or parcel
does not contain sufficient buildable area that is not subject to
a rapidly moving landslide.
(e) Shall maintain a record, available to the public, of
properties for which a geotechnical report has been prepared
within the jurisdiction of the local government.
(2) A landowner allowed a building permit under subsection
(1)(c) of this section shall sign a statement that shall:
(a) Be recorded with the county clerk of the county in which
the property is located, in which the landowner acknowledges that
the landowner may not in the future bring any action against an
adjacent landowner about the effects of rapidly moving landslides
on or adjacent to the landowner's property; and
(b) Record in the deed records for the county where the lot or
parcel is located a nonrevocable deed restriction that the
landowner signs and acknowledges, that contains a legal
description complying with ORS 93.600 and that prohibits any
present or future owner of the property from bringing any action
against an adjacent landowner about the effects of rapidly moving
landslides on or adjacent to the property.
(3) Restrictions on forest practices adopted under ORS 527.710
(10) do not apply to risk situations arising solely from the
construction of a building designed for human occupancy in a
further review area on or after October 23, 1999.
(4) The following state agencies shall implement the following
specific responsibilities to reduce the risk of serious bodily
injury or death resulting from rapidly moving landslides:
(a) The State Department of Geology and Mineral Industries
shall:
(A) Identify and map further review areas selected in
cooperation with local governments and in coordination with the
State Forestry Department, and provide technical assistance to
local governments to facilitate the use and application of this
information pursuant to subsection (1)(b) of this section; and
(B) Provide public education regarding landslide hazards.
(b) The State Forestry Department shall regulate forest
operations to reduce the risk of serious bodily injury or death
from rapidly moving landslides directly related to forest
operations, and assist local governments in the siting review of
permanent dwellings on and adjacent to forestlands in further
review areas pursuant to subsection (1)(b) of this section.
(c) The Land Conservation and Development Commission may take
steps under its existing authority to assist local governments to
Enrolled House Bill 2370 (HB 2370-C) Page 16
appropriately apply the requirements of subsection (1)(c) of this
section.
(d) The Department of Transportation shall provide warnings to
motorists during periods determined to be of highest risk of
rapidly moving landslides along areas on state highways with a
history of being most vulnerable to rapidly moving landslides.
(e) The Office of Emergency Management { - of the Department
of State Police - } shall coordinate state resources for rapid
and effective response to landslide-related emergencies.
(5) Notwithstanding any other provision of law, any state or
local agency adopting rules related to the risk of serious bodily
injury or death from rapidly moving landslides shall do so only
in conformance with the policies and provisions of ORS 195.250 to
195.260.
(6) No state or local agency may adopt or enact any rule or
ordinance for the purpose of reducing risk of serious bodily
injury or death from rapidly moving landslides that limits the
use of land that is in addition to land identified as a further
review area by the State Department of Geology and Mineral
Industries or the State Forestry Department pursuant to
subsection (4) of this section.
(7) Except as provided in ORS 527.710 or in Oregon's ocean and
coastal land use planning goals, no state agency may adopt
criteria regulating activities for the purpose of reducing risk
of serious bodily injury or death from rapidly moving landslides
on lands subject to the provisions of ORS 195.250 to 195.260 that
are more restrictive than the criteria adopted by a local
government pursuant to subsection (1)(c) of this section.
SECTION 38. ORS 453.342 is amended to read:
453.342. Any fire department, emergency service personnel or
law enforcement agency responding to an incident of injury to a
human, wildlife, domestic animal or property resulting from a
hazardous substance emergency shall make a report of the
incident, in writing, to the office of the State Fire Marshal.
The State Fire Marshal annually shall summarize all incidents
reported to the State Fire Marshal and the information received
as a result of the survey conducted under ORS 453.317. The State
Fire Marshal shall submit a copy of the summary to:
(1) The Governor;
(2) The Legislative Assembly;
(3) The Department of Environmental Quality;
(4) The Department of Consumer and Business Services;
(5) The Department of Transportation;
(6) The Department of Human Services;
(7) The Environmental Health Sciences Center at Oregon State
University;
(8) The Office of Emergency Management { - of the Department
of State Police - } ; and
(9) Every public library as defined in ORS 357.400.
SECTION 39. ORS 466.635 is amended to read:
466.635. Any person owning or having control over any oil or
hazardous material who has knowledge of a spill or release shall
immediately notify the Office of Emergency Management { - of
the Department of State Police - } as soon as that person knows
the spill or release is a reportable quantity.
SECTION 40. ORS 824.088 is amended to read:
824.088. (1) Each railroad that gives notice to the United
States Department of Transportation of an incident that occurs
during the course of transporting hazardous materials as defined
by federal regulations shall also give notice of the incident to
Enrolled House Bill 2370 (HB 2370-C) Page 17
the Director of the Office of Emergency Management { - of the
Department of State Police - } .
(2) As soon as reasonably practicable, each railroad shall
notify the director { - of the Office of Emergency Management
of the Department of State Police - } by telephone or similar
means of communication of any derailment or fire involving or
affecting hazardous material.
(3) To facilitate expedited and accurate notice to the director
under this section, each train transporting hazardous materials
in this state shall be equipped with at least two radio
transmitter-receivers in good working order. In addition, 18
months after October 4, 1977, trains over 2,000 feet in length
that are transporting hazardous materials shall be equipped with
a radio handset in good working order capable of communicating
with the radio transmitter-receivers. If the equipment required
under this section does not function while the train is en route,
the train may proceed to the next point of crew change where the
equipment shall be replaced or repaired.
SECTION 41. ORS 837.035 is amended to read:
837.035. All moneys received by the Oregon Department of
Aviation for the registration of pilot licenses as prescribed in
ORS 837.020 shall be paid by the department to the State
Treasurer, who shall deposit it in the General Fund to a special
account to be known as the Aviation Search and Rescue Account.
The money in the account established under this section shall be
used by the Office of Emergency Management { - of the
Department of State Police - } only for the following purposes
or as otherwise provided by law:
(1) Such amount as may be necessary shall be used for the
payment of all expenses incurred by the Office of Emergency
Management in conducting activities authorized under ORS 401.555
to search for lost planes and lost persons, the rescue of lost
persons, pilot survival education and training and all other
expenses directly attributable to the search and rescue program
and for the payment of expenses of the Oregon Department of
Aviation relating to the registration of pilot licenses. The
Oregon Department of Administrative Services, after approval of
claims for the expenses referred to in this subsection, shall
draw warrants on the State Treasurer for the payment thereof,
payable out of the Aviation Search and Rescue Account.
(2) The Office of Emergency Management may use { - money - }
{ + moneys + } from the Aviation Search and Rescue Account to
provide insurance to compensate any member of a volunteer air
search and rescue organization for injuries or loss of life
sustained in the scope of performing air search and rescue
operations while under the direction of the office { - of
Emergency Management - } . The insurance may be obtained from a
public or private insurer. The scope, coverage and benefits
provided under the insurance shall not exceed those provided for
persons under ORS chapter 656. If the insurance is provided, the
coverage provided by the insurance:
(a) Shall include all volunteer members accepted by the Office
of Emergency Management.
(b) Regardless of negligence, is the exclusive remedy of a
member of the Office of Emergency Management air search and
rescue organization against the State of Oregon, the { - Office
of Emergency Management - } { + office + } or any other person
acting under the authority or direction of the { - Office of
Emergency Management - } { + office + } for those injuries or
losses resulting from the air search and rescue activities.
Enrolled House Bill 2370 (HB 2370-C) Page 18
SECTION 42. { + ORS 401.260 is repealed. + }
SECTION 43. { + This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2007 Act takes effect on
its passage. + }
----------
Passed by House June 20, 2007
Repassed by House June 25, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 24, 2007
...........................................................
President of Senate
Enrolled House Bill 2370 (HB 2370-C) Page 19
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2370 (HB 2370-C) Page 20