74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 330
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Judiciary for Oregon Emergency Management, Oregon Association
Chiefs of Police, Oregon State Sheriffs' Association and Oregon
Fire Chiefs Association)
CHAPTER ................
AN ACT
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 Oregon:
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.
Enrolled Senate Bill 330 (SB 330-INTRO) Page 1
(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.
Enrolled Senate Bill 330 (SB 330-INTRO) Page 2
(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.
Enrolled Senate Bill 330 (SB 330-INTRO) Page 3
(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) '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.
----------
Enrolled Senate Bill 330 (SB 330-INTRO) Page 4
Passed by Senate February 26, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House April 2, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 330 (SB 330-INTRO) Page 5
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 330 (SB 330-INTRO) Page 6