74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 630
Senate Bill 374
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 Joint Interim Committee on
Emergency Preparedness)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Establishes framework for local governments to request and
receive mutual assistance from other local governments during
declared emergencies and in preparation for emergency response.
A BILL FOR AN ACT
Relating to emergency intrastate mutual assistance.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 10 of this 2007 Act are added to
and made a part of ORS 401.260 to 401.325. + }
SECTION 2. { + The Legislative Assembly finds that:
(1) Emergencies transcend political jurisdictional boundaries.
(2) Intergovernmental coordination and mutual cooperation in
emergency planning and response and emergency-related training,
exercises and testing are essential for the protection of lives
and property and for the best use of available emergency planning
and response resources.
(3) It is appropriate to create a system of intrastate mutual
assistance between local governments in this state for the
prevention of, response to and recovery from disasters that
result in a formal state of emergency within the jurisdiction of
one or more local governments subject to sections 2 to 10 of this
2007 Act. + }
SECTION 3. { + (1) When the governing body of a local
government declares an emergency, the governing body may request
assistance to provide emergency services from other local
governments participating in the intrastate mutual assistance
program established in sections 2 to 10 of this 2007 Act.
(2) A responding local government shall provide all practicable
assistance to the requesting local government that is needed to
respond to the emergency.
(3) Notwithstanding subsection (2) of this section, a
responding local government may withhold resources to the extent
necessary to maintain a reasonable level of services and
protection within its own jurisdiction.
(4) When a responding local government provides resources to
render emergency services to a requesting local government, the
emergency service workers and the nonconsumable material
resources and equipment provided by the responding local
government:
(a) Are under the operational control of the requesting local
government for strategic and tactical purposes; and
(b) Are under the direct command and control of the responding
local government, using the standard operating procedures,
medical and other protocols and rating procedures used by the
responding local government to accomplish the strategic and
tactical goals.
(5) Notwithstanding any other provision of sections 2 to 10 of
this 2007 Act, the governing body of a city or county may
delegate the authority provided to the governing body under
sections 2 to 10 of this 2007 Act to the emergency program
manager of the city or county. + }
SECTION 4. { + (1) The initial request for assistance under
section 3 of this 2007 Act may be made orally or in writing.
(2) If the initial request for assistance is made orally, the
governing body of the requesting local government shall follow up
the oral request with a written confirmation of the request as
soon after the initial response to the emergency as practicable.
(3) A request for assistance is not required to be made to or
through the Office of Emergency Management. However, notice of
the request and a copy of the written request or confirmation
must be provided to the office as soon after the initial response
to the emergency as practicable. + }
SECTION 5. { + (1) Subject to any limitations and conditions
the governing body of the requesting local government may
prescribe, if an emergency service worker or other individual
provided by a responding local government holds a license,
certificate or other permit issued by the state or by a local
government subject to sections 2 to 10 of this 2007 Act
evidencing qualification in a professional, technical or other
skill, the emergency service worker or other individual is deemed
to be licensed, certified or permitted in the requesting local
government's jurisdiction for the duration of the declared
emergency or the duration of emergency-related training,
exercises or testing authorized pursuant to section 10 of this
2007 Act.
(2) Notwithstanding subsection (1) of this section, for the
purpose of emergency-related training, exercises or testing
authorized pursuant to section 10 of this 2007 Act, the Office of
Emergency Management is designated as the requesting local
government and the office assumes the rights and responsibilities
that are otherwise identified in sections 2 to 10 of this 2007
Act as the rights and responsibilities of the requesting local
government. However, nothing in sections 2 to 10 of this 2007 Act
requires the office to reimburse participating local governments
for costs incurred while participating in mandatory
emergency-related training, exercises or testing. + }
SECTION 6. { + (1) If a local government requests assistance
from another local government under section 3 of this 2007 Act,
the requesting local government shall reimburse the responding
local government for the costs of rendering assistance as
required by rules of the Office of Emergency Management that
implement the guidelines and procedures approved by the Oregon
Intrastate Mutual Assistance Committee established under section
10 of this 2007 Act.
(2) A request for reimbursement must be made in compliance with
guidelines and procedures approved by the committee and adopted
as rules by the office.
(3) If there is a dispute regarding reimbursement, the local
government asserting noncompliance with the guidelines and
procedures adopted by rule by the office shall give written
notice of the alleged noncompliance to the alleged noncomplying
local government and to the office.
(4) If the local governments cannot resolve the dispute within
90 days after receipt of the notice of alleged noncompliance, a
party to the dispute may submit the dispute to arbitration under
the commercial arbitration rules of the American Arbitration
Association. + }
SECTION 7. { + An emergency service worker or other individual
who is an officer or an employee of a responding local government
and who sustains injury or death in the course of or arising out
of the effort to render assistance to a requesting local
government in a declared emergency is entitled to:
(1) All applicable benefits normally available to the officer
or employee while performing regular duties for the responding
local government; and
(2) Any additional state and federal benefits that may be
available to the officer or employee for injury or death in the
line of duty. + }
SECTION 8. { + (1) Assistance rendered by an emergency service
worker or other individual under sections 2 to 10 of this 2007
Act during a declared emergency is a governmental function.
(2) An emergency service worker or other individual responding
to a declared emergency is deemed to be an agent of the
requesting local government's emergency management agency. + }
SECTION 9. { + (1) A local government is a participant in the
intrastate mutual assistance program established by sections 2 to
10 of this 2007 Act unless the local government has elected not
to participate pursuant to this section.
(2) If the governing body of a local government elects not to
participate in the intrastate mutual assistance program
established by sections 2 to 10 of this 2007 Act, the governing
body of the local government shall adopt a resolution or
ordinance declaring its election not to participate and cause
written notice of the election and a copy of the resolution or
ordinance to be delivered to the Office of Emergency Management.
(3) The election not to participate in the intrastate mutual
assistance program is effective 90 days after receipt of notice
and a copy of the resolution or ordinance by the office.
(4) A local government that has elected not to participate in
the intrastate mutual assistance program may elect to participate
as provided in subsections (5) and (6) of this section.
(5) If a local government that has elected not to participate
in the intrastate mutual assistance program established by
sections 2 to 10 of this 2007 Act chooses to participate, the
governing body of the local government shall adopt a resolution
or ordinance declaring its election to participate and cause
written notice of the election and a copy of the resolution or
ordinance to be delivered to the office.
(6) The election to participate in the intrastate mutual
assistance program is effective 90 days after receipt of notice
of the election and a copy of the resolution or ordinance by the
office. + }
SECTION 10. { + (1) The Office of Emergency Management shall
establish a committee to be known as the Oregon Intrastate Mutual
Assistance Committee.
(2) The Director of the Office of Emergency Management, or a
designee of the director, shall chair the committee.
(3) The director shall appoint members to serve two-year terms
on the committee. Committee members serve at the pleasure of the
director. Membership must be representative of emergency service
agencies and emergency services disciplines, and members must be
knowledgeable about the variety of environmental and other local
factors faced by local governments in responding to emergencies.
(4) The committee shall develop, in consultation with the
Office of Emergency Management, comprehensive guidelines and
procedures for intrastate emergency response and
emergency-related training, exercises and testing that address:
(a) Projected or anticipated costs;
(b) Checklists and forms, including checklists and forms for
requesting or rendering mutual assistance, record keeping,
requesting and providing reimbursement and tracking the
deployment and return of resources; and
(c) Other necessary or appropriate issues in implementing the
intrastate mutual assistance program established by sections 2 to
10 of this 2007 Act.
(5) The committee, with the approval of the office, may
establish a schedule of emergency-related training, exercises and
testing to ensure that intrastate mutual assistance is provided
effectively and efficiently when needed.
(6) At a minimum, the committee shall meet annually to:
(a) Review the progress and status of intrastate mutual
assistance;
(b) Assist the office in developing methods to track and
evaluate activation of the intrastate mutual assistance program;
and
(c) Examine issues facing participating local governments
regarding the implementation of sections 2 to 10 of this 2007
Act.
(7) The committee shall:
(a) Prepare an annual report that:
(A) Includes analysis of the condition and effectiveness of
intrastate mutual assistance in the state; and
(B) Makes recommendations for correcting any deficiencies in
the intrastate mutual assistance program, including
recommendations for legislation or administrative solutions; and
(b) Submit the report to the Governor, the President of the
Senate and the Speaker of the House of Representatives. + }
----------