75th OREGON LEGISLATIVE ASSEMBLY--2009 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 2339
(Including Amendments to Resolve Conflicts)
B-Engrossed
House Bill 3021
Ordered by the Senate June 8
Including House Amendments dated April 24 and Senate Amendments
dated June 8
Sponsored by COMMITTEE ON VETERANS AND EMERGENCY SERVICES (at the
request of Oregon Law Commission)
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.
Provides that qualified emergency service volunteer is agent of
public body under Oregon Tort Claims Act for purpose of acts and
omissions of volunteer that are within course and scope of
volunteer's duties if acts or omissions occur during state of
emergency or state of public health emergency and while volunteer
is performing emergency services under direction of public body
or is engaged in training approved by public body. Requires
Office of Emergency Management to provide workers' compensation
coverage for qualified emergency service volunteers who are
injured in course and scope of performing emergency service
activities under direction of public body or while engaged in
training approved by public body.
Provides that certain volunteer emergency health care
providers, health care facilities and operators of emergency
health care centers are agents of state under Oregon Tort Claims
Act for purpose of acts and omissions of providers, facilities
and operators during state of emergency or state of public health
emergency, without regard to whether providers, facilities or
operators are compensated for services.
Provides that qualified search and rescue volunteer is agent of
county under Oregon Tort Claims Act for purpose of acts and
omissions of volunteer that occur while volunteer is performing
search and rescue activities under direction of sheriff or
sheriff's designee. { - Requires county to provide workers'
compensation coverage for qualified search and rescue volunteers
who are injured in course and scope of performing search and
rescue activities under direction of sheriff or sheriff's
designee. - } { + Provides that county is conclusively deemed
to have filed election for provision of workers' compensation
coverage for qualified search and rescue volunteer who performs
search and rescue activities under direction of sheriff or
sheriff's designee. + }
Provides that for purposes of limitation of Oregon Tort Claims
Act on recovery for single accident or occurrence, events giving
rise to proclamation of state of emergency or state of public
health emergency do not constitute single accident or occurrence.
Revises other laws relating to emergencies.
A BILL FOR AN ACT
Relating to emergencies; creating new provisions; amending ORS
18.348, 176.800, 190.156, 254.471, 401.015, 401.025, 401.035,
401.039, 401.065, 401.074, 401.085, 401.155, 401.257, 401.270,
401.272, 401.274, 401.275, 401.309, 401.315, 401.490, 401.550,
401.560, 401.570, 401.580, 401.590, 401.641, 401.657, 401.661,
401.667, 401.990, 453.322, 469.533, 469.535, 469.611, 480.347,
656.031 and 801.208 and section 2, chapter 67, Oregon Laws 2009
(Enrolled Senate Bill 311); and repealing ORS 401.355, 401.365,
401.375, 401.385, 401.395, 401.405, 401.415, 401.425, 401.435,
401.445, 401.455, 401.465 and 401.515.
Be It Enacted by the People of the State of Oregon:
{ +
QUALIFIED EMERGENCY SERVICE VOLUNTEERS + }
SECTION 1. { + Sections 2 to 5 of this 2009 Act are added to
and made a part of ORS 401.015 to 401.039. + }
SECTION 2. { + Definitions. As used in sections 2 to 5 of
this 2009 Act:
(1) 'Emergency service activities' means:
(a) The provision of emergency services; and
(b) Engaging in training under the direction of a public body,
whether by reason of the training being conducted or approved by
a public body, for the purpose of preparing qualified emergency
service volunteers to perform emergency services.
(2) 'Qualified emergency service volunteer' means a person who
is:
(a) Registered with the Office of Emergency Management or other
public body to perform emergency service activities;
(b) Acknowledged in writing as a qualified emergency service
volunteer, at the time the person offers to volunteer during an
emergency, by the Office of Emergency Management or by another
public body; or
(c) A member of the Oregon State Defense Force. + }
SECTION 3. { + Application. Sections 2 to 5 of this 2009 Act
apply only to a qualified emergency service volunteer who is
performing emergency service activities under the direction of a
public body without compensation from the public body other than
reimbursement for food, lodging, costs of transportation and
other expenses. + }
SECTION 4. { + Coverage under Oregon Tort Claims Act. (1) A
qualified emergency service volunteer is an agent of a public
body under ORS 30.260 to 30.300 for the purpose of acts and
omissions of the volunteer that are within the course and scope
of the volunteer's duties if the acts or omissions occur:
(a) While the volunteer is performing emergency service
activities under the direction of the public body during a state
of emergency declared under ORS 401.015 to 401.039, or during a
state of public health emergency proclaimed under ORS 433.441; or
(b) While the volunteer is engaged in training being conducted
or approved by a public body for the purpose of preparing the
volunteer to perform emergency services.
(2) A public body shall defend, save harmless and indemnify a
qualified emergency service volunteer as required by ORS 30.285
for any tort claim arising out of an act or omission described in
subsection (1) of this section. + }
SECTION 5. { + Workers' compensation benefits. (1) The Office
of Emergency Management shall provide workers' compensation
coverage for qualified emergency service volunteers who are
injured in the course and scope of performing emergency service
activities under the direction of a public body if the injury
occurs:
(a) While the volunteer is performing emergency service
activities under the direction of the public body during a state
of emergency declared under ORS 401.015 to 401.039, or during a
state of public health emergency proclaimed under ORS 433.441; or
(b) While the volunteer is engaged in training being conducted
or approved by a public body for the purpose of preparing the
volunteer to perform emergency services.
(2) Workers' compensation coverage shall be provided under this
section in the manner provided by ORS 656.039. + }
SECTION 6. { + ORS 401.355, 401.365, 401.375, 401.385,
401.395, 401.405, 401.415, 401.425, 401.435, 401.445, 401.455,
401.465 and 401.515 are repealed. + }
{ +
EMERGENCY HEALTH CARE SERVICES + }
SECTION 7. ORS 401.657 is amended to read:
401.657. (1) The Department of Human Services may designate all
or part of a health care facility or other location as an
emergency health care center. { - Upon - } { + If + } the
Governor { - declaring - } { + declares + } a state of
emergency under ORS 401.055, or { - proclaiming - } { +
proclaims + } a state of public health emergency { - after
determining that a threat to the public health is imminent and
likely to be widespread, life-threatening and of a scope that
requires immediate medical action to protect the public
health - } { + under ORS 433.441 + }, emergency health care
centers may be used for:
(a) Evaluation and referral of individuals affected by the
emergency;
(b) Provision of health care services; and
(c) Preparation of patients for transportation.
(2) The department may enter into cooperative agreements with
local public health authorities that allow local public health
authorities to designate emergency health care centers under this
section.
(3) An emergency health care center designated under this
section must have an emergency operations plan and a
credentialing plan that governs the use of emergency health care
providers registered under ORS 401.654 and other health care
providers who volunteer to perform health care services at the
center under ORS 401.651 to 401.670. The emergency operations
plan and credentialing plan must comply with rules governing
those plans adopted by the department.
SECTION 8. ORS 401.661 is amended to read:
401.661. { - Upon - } { + If + } the Governor
{ - declaring - } { + declares + } a state of emergency under
ORS 401.055, or { - proclaiming - } { + proclaims + } a state
of public health emergency { - after determining that a threat
to the public health is imminent and likely to be widespread,
life-threatening and of a scope that requires immediate medical
action to protect the public health - } { + under ORS
433.441 + }:
(1) The Department of Human Services may direct emergency
health care providers registered under ORS 401.654 who are
willing to provide health care services { - on a voluntary
basis - } to proceed to any place in this state where health
care services are required by reason of the emergency or crisis;
and
(2) Any emergency health care provider registered under ORS
401.654 or other health care provider may volunteer to perform
health care services described in ORS 401.657 at any emergency
health care center or health care facility in the manner provided
by ORS 401.664.
SECTION 9. ORS 401.667 is amended to read:
401.667. (1) { + If the Governor declares a state of emergency
under ORS 401.055, or proclaims a state of public health
emergency under ORS 433.441, + }emergency health care providers
registered under ORS 401.654 and other health care providers who
volunteer to perform health care services { - without
compensation - } under ORS 401.651 to 401.670 are agents of the
state under ORS 30.260 to 30.300 for the purposes of any claims
arising out of { - those - } services { + that are provided
under ORS 401.651 to 401.670 pursuant to directions from a public
body and that are within the course and scope of the health care
provider's duties, without regard to whether the health care
provider is compensated for the services + }.
(2) { + If the Governor declares a state of emergency under
ORS 401.055, or proclaims a state of public health emergency
under ORS 433.441, + }health care facilities { + designated
under ORS 401.657 + } and other persons operating emergency
health care centers designated under ORS 401.657 are agents of
the state under ORS 30.260 to 30.300 for the purposes of any
claims arising out of services { + that are + } provided
{ - without compensation - } through those centers or
facilities under ORS 401.651 to 401.670 { + pursuant to
directions from a public body and that are within the course and
scope of the duties of the health care facility or other person,
without regard to whether the health care facility or other
person is compensated for the services + }.
(3) An emergency health care provider registered under ORS
401.654 participating in training authorized by the Department of
Human Services under ORS 401.651 to 401.670 is an agent of the
state under ORS 30.260 to 30.300 for the purposes of any claims
arising out of that training.
(4) The provisions of { - subsections (1) and - }
{ + subsection + } (2) of this section apply only to emergency
health care centers or health care facilities that have adopted
emergency operations plans and credentialing plans that govern
the use of emergency health care providers registered under ORS
401.654 and other health care providers who volunteer to perform
health care services under ORS 401.651 to 401.670. An emergency
operations plan and a credentialing plan must comply with rules
governing those plans adopted by the Department of Human
Services.
{ +
SEARCH AND RESCUE + }
SECTION 10. { + Sections 11 to 14 of this 2009 Act are added
to and made a part of ORS 401.550 to 401.590. + }
SECTION 11. { + Definitions. As used in sections 11 to 14 of
this 2009 Act:
(1) 'Qualified search and rescue volunteer' means a person who
is:
(a) Registered with the Office of Emergency Management to
conduct search and rescue activities;
(b) Registered with a sheriff to conduct search and rescue
activities;
(c) A member of a designated search and rescue organization
that is registered with a sheriff or the Office of Emergency
Management; or
(d) Acknowledged in writing as a qualified search and rescue
volunteer by the Office of Emergency Management, or by a sheriff,
at the scene of a search or rescue.
(2) 'Search and rescue activities' means:
(a) Searching for, rescuing or recovering any person who is
missing, injured or deceased; and
(b) Training to perform the activities described in paragraph
(a) of this subsection that is either conducted or approved by a
public body. + }
SECTION 12. { + Application. Sections 11 to 14 of this 2009
Act apply only to a qualified search and rescue volunteer who is
performing search and rescue activities without compensation
other than reimbursement for food, lodging, costs of
transportation and other expenses. + }
SECTION 13. { + Coverage under Oregon Tort Claims Act. A
qualified search and rescue volunteer is an agent of a county
under ORS 30.260 to 30.300 for the purpose of acts and omissions
of the volunteer that are within the course and scope of the
volunteer's duties and that occur while the volunteer is
performing search and rescue activities under the direction of
the sheriff of the county or the designee of the sheriff, and the
county shall defend, save harmless and indemnify the volunteer
for any tort claim arising out of an alleged act or omission
occurring in the performance of those activities as required by
ORS 30.285. + }
SECTION 14. { + Workers' compensation coverage. (1) Any county
in which a qualified search and rescue volunteer performs search
and rescue activities under the direction of the sheriff of the
county or the designee of the sheriff is conclusively deemed to
have filed an election under ORS 656.031 to provide workers'
compensation coverage for the qualified search and rescue
volunteer.
(2) An insurer or self-insured employer may fix assumed wage
rates for qualified search and rescue volunteers, which may be
used only for purposes of computations under ORS chapter 656, and
shall require the regular payment of premiums or assessments
based on the hours of service by qualified search and rescue
volunteers. A self-insured employer shall submit the assumed
wage rates to the Director of the Department of Consumer and
Business Services. If the director finds that the rates are
unreasonable, the director may fix appropriate rates to be used
for purposes of this section.
(3) A county that is a self-insured employer under ORS chapter
656 may apply to an insurer for workers' compensation coverage
for qualified search and rescue volunteers only, while continuing
to self-insure the other subject workers of the county. If an
insurer decides not to provide workers' compensation coverage for
qualified search and rescue volunteers of the county, coverage
shall be provided through the assigned risk pool.
(4) Qualified search and rescue volunteers and their
beneficiaries are not eligible for workers' compensation benefits
under this section if the volunteer is performing search and
rescue activities during an emergency and is provided with
workers' compensation coverage under section 5 of this 2009
Act. + }
SECTION 14a. ORS 656.031 is amended to read:
656.031. (1) { + Except as provided in section 14 of this 2009
Act, + } all municipal personnel, other than those employed
full-time, part-time, or substitutes therefor, shall, for the
purpose of this chapter, be known as volunteer personnel and
shall not be considered as workers unless the municipality has
filed the election provided by this section.
(2) The county, city or other municipality utilizing volunteer
personnel as specified in subsection (1) of this section may
elect to have such personnel considered as subject workers for
purposes of this chapter. Such election shall be made by filing a
written application to the insurer, or in the case of a
self-insured employer, the Director of the Department of Consumer
and Business Services, that includes a resolution of the
governing body declaring its intent to cover volunteer personnel
as provided in subsection (1) of this section and a description
of the work to be performed by such personnel. The application
shall also state the estimated total number of volunteer
personnel on a roster for each separate category for which
coverage is elected. The county, city or other municipality shall
notify the insurer, or in the case of self-insurers, the
director, of changes in the estimated total number of volunteers.
(3) Upon receiving the written application the insurer or
self-insured employer may fix assumed wage rates for the
volunteer personnel, which may be used only for purposes of
computations under this chapter, and shall require the regular
payment of premiums or assessments based upon the estimated total
numbers of such volunteers carried on the roster for each
category being covered. The self-insured employer shall submit
such assumed wage rates to the director. If the director finds
that the rates are unreasonable, the director may fix appropriate
rates to be used for purposes of this section.
(4) The county, city or municipality shall maintain separate
official membership rosters for each category of volunteers. A
certified copy of the official membership roster shall be
furnished the insurer or director upon request. Persons covered
under this section are entitled to the benefits of this chapter
and they are entitled to such benefits if injured as provided in
ORS 656.202 while performing any duties arising out of and in the
course of their employment as volunteer personnel, if the duties
being performed are among those:
(a) Described on the application of the county, city or
municipality; and
(b) Required of similar full-time paid employees.
(5) The filing of claims for benefits under this section is the
exclusive remedy of a volunteer or a beneficiary of the volunteer
for injuries compensable under this chapter against the state,
its political subdivisions, their officers, employees, or any
employer, regardless of negligence.
{ +
OREGON TORT CLAIMS ACT + }
SECTION 15. Section 2, chapter 67, Oregon Laws 2009 (Enrolled
Senate Bill 311), is amended to read:
{ + Sec. 2. + }(1) Punitive damages may not be awarded on
any claim subject to ORS 30.260 to 30.300.
(2) Claims subject to ORS 30.260 to 30.300 are not subject to
the limitation imposed by ORS 31.710.
(3) A court may not apply the limitations imposed on recovery
under sections 3, 4 and 5 { + , chapter 67, Oregon Laws 2009
(Enrolled Senate Bill 311), + } { - of this 2009 Act - } until
after the entry of a verdict or a stipulation by the parties to
the amount of the damages.
(4) The limitations imposed under sections 3 (2) and 4
(2) { + , chapter 67, Oregon Laws 2009 (Enrolled Senate Bill
311), + } { - of this 2009 Act - } on single claimants include
damages claimed for loss of services or loss of support arising
out of the same tort.
(5) If two or more claimants recover on a claim that arises out
of a single accident or occurrence, and the recovery is subject
to a limitation imposed by section 3 (3), 4 (3) or 5 (2)(b) { + ,
chapter 67, Oregon Laws 2009 (Enrolled Senate Bill 311) + }
{ - of this 2009 Act - } , any party to the action in which the
claim is made may apply to the court to apportion to each
claimant the proper share of the amount allowed by section 3 (3),
4 (3) or 5 (2)(b) { + , chapter 67, Oregon Laws 2009 (Enrolled
Senate Bill 311) + }
{ - of this 2009 Act - } . The share apportioned to each
claimant shall be in the proportion that the ratio of the award
or settlement made to the claimant bears to the aggregate awards
and settlements for all claims arising out of the accident or
occurrence.
(6) Liability of any public body and one or more of its
officers, employees or agents, or two or more officers, employees
or agents of a public body, on claims arising out of a single
accident or occurrence, may not exceed in the aggregate the
amounts allowed by sections 3, 4 and 5 { + , chapter 67, Oregon
Laws 2009 (Enrolled Senate Bill 311) + } { - of this 2009
Act - } .
(7) Sections 3, 4 and 5 { + , chapter 67, Oregon Laws 2009
(Enrolled Senate Bill 311), + } { - of this 2009 Act - } do
not apply to a claim arising in connection with a nuclear
incident covered by an insurance or indemnity agreement under 42
U.S.C. 2210.
{ + (8) For the purposes of the limitations imposed by
sections 3, 4 and 5, chapter 67, Oregon Laws 2009 (Enrolled
Senate Bill 311), events giving rise to a proclamation of a state
of emergency under ORS 401.055, or a proclamation of a public
health emergency under ORS 433.441, do not constitute a single
accident or occurrence. + }
{ +
SERIES ADJUSTMENTS + }
SECTION 16. { + (1) ORS 401.039, 401.055, 401.095, 401.105,
401.115, 401.125, 401.135, 401.145 and 401.155 are added to and
made a part of ORS 401.065 to 401.085.
(2) ORS 401.065 to 401.085, 401.106, 401.107, 401.108, 401.257,
401.259, 401.261, 401.263, 401.265, 401.267, 401.269, 401.270,
401.271, 401.272, 401.274, 401.275, 401.280, 401.300, 401.305,
401.309, 401.315, 401.325, 401.335, 401.337, 401.343, 401.345,
401.347, 401.353, 401.485, 401.505, 401.525, 401.535, 401.538,
401.543, 401.546, 401.638, 401.639, 401.641, 401.643, 401.645,
401.651 to 401.670 and 401.990 are added to and made a part of
ORS 401.015 to 401.039. + }
{ +
DEFINITIONS + }
{ +
(Generally) + }
SECTION 17. ORS 401.025 is amended to read:
401.025. As used in ORS { - 190.155 to 190.170, 401.015 to
401.107, 401.257 to 401.325 and 401.355 to 401.584, unless the
context requires otherwise - } { + 401.015 to 401.039 + }:
{ - (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' means a human created or natural event or
circumstance that causes or threatens widespread: - }
{ - (a) Loss of life; - }
{ - (b) Injury to person or property; - }
{ - (c) Human suffering; or - }
{ - (d) Financial loss. - }
{ + (1) 'Emergency' means a human created or natural event or
circumstance that causes or threatens widespread loss of life,
injury to person or property, human suffering or financial loss,
including but 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 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. + }
{ - (5) 'Emergency management agency' means an organization
created and authorized under ORS 401.015 to 401.107, 401.257 to
401.325 and 401.355 to 401.584 by the state, county or city to
provide for and 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) - } { + (2) + } 'Emergency service agency' means an
organization within a local government { - which - }
{ + that + } performs essential services for the public's
benefit { - prior to - } { + before + }, during or
{ - following - } { + after + } 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) - } { + (3) + } 'Emergency services'
{ - includes those - } { + means + } activities
{ - provided - } { + engaged in + } by state and local
government agencies { - with emergency operational
responsibilities - } to prepare for { + an emergency + } and
{ - carry out any activity - } to prevent, minimize, respond to
or recover from an emergency { - . These activities include,
without limitation - } , { + including but not limited to + }
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 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) - } { + (4) + } 'Local government' { - means any
governmental entity authorized by the laws of this state - }
{ + has the meaning given that term in ORS 174.116 + }.
{ - (16) - } { + (5) + } '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 18. ORS 254.471 is amended to read:
254.471. (1) Notwithstanding ORS 171.185, 203.085, 221.230,
221.621, 254.056, 254.470, 254.655, 255.335, 255.345, 258.075,
545.135 and 568.520, the Governor by written proclamation may
extend the deadline for returning ballots in any state, county,
city or district election if the Governor receives a written
request for the extension from the Secretary of State. The
secretary may request the Governor to extend the deadline for
returning ballots under this section if, after consultation with
affected county clerks, the secretary determines that it would be
impossible or impracticable for electors to return ballots or for
elections officials to tally ballots due to an emergency as
defined in ORS 401.025 { - (4) - } .
(2) The Governor may not extend the deadline for returning
ballots in any state, county, city or district election under
subsection (1) of this section for more than seven calendar days
after the date of the election.
(3) The written proclamation required under subsection (1) of
this section shall state:
(a) The determination of the Governor;
(b) The reason the deadline for returning ballots was extended;
and
(c) The date and time by which ballots must be returned in the
election.
(4) Notwithstanding any other provision of this chapter, if the
Governor extends the deadline for returning ballots under
subsection (1) of this section, a county clerk in any county in
this state may not order a tally report from any vote tally
machine in the election until the date and time set by the
Governor by which ballots must be returned in the election.
{ +
(Abnormal Disruption of Market) + }
SECTION 19. { + Section 20 of this 2009 Act is added to and
made a part of ORS 401.015 to 401.039. + }
SECTION 20. { + For the purposes of this section and ORS
401.106, 401.107 and 401.108:
(1) 'Abnormal disruption of the market' means any emergency
that prevents ready availability of essential consumer goods or
services.
(2) '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 and petroleum products such as
gasoline or diesel fuel; and
(b) Are necessary for the health, safety or welfare of
consumers. + }
{ +
(Emergency Management Agency and Emergency Program Manager) + }
SECTION 21. 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 - }
{ + other qualified person + }.
(2) If the sheriff does not accept the responsibility for
search and rescue activities, the chief executive of the county
shall { - designate - } { + direct + } the county emergency
program manager { + appointed under ORS 401.305 + } to perform
the duties and responsibilities required under ORS { - 401.015
to 401.107, 401.257 to 401.325 and 401.355 to 401.584 - } { +
401.550 to 401.590 + }.
(3) { - The - } { + A + } sheriff { - , - } or
{ - individual authorized under subsection (1) or (2) of this
section, of each county - } { + other person performing the
duties of the sheriff under this section + } shall notify the
Office of Emergency Management of each search and rescue in the
county and shall request the assignment of incident numbers
{ - therefor - } { + for each search and rescue + }.
(4) When search and rescue activities occur in a multicounty
area:
(a) The sheriff { + of one county + }, or { - the authorized
individual described in subsection (3) of this section - } { +
the other person performing the duties of the sheriff of one of
the counties under 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 - } { + other person + } 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 22. ORS 401.570 is amended to read:
401.570. The sheriff of each county, the { - county emergency
program manager - } { + person + } performing the sheriff's
duties under ORS 401.560 or duly assigned military or state
police personnel may restrict access to a specific search and
rescue area. No unauthorized person shall then enter into a
restricted area or interfere with a search and rescue. Provision
shall be made for reasonable access by members of the media in
the performance of newsgathering and reporting. Access shall be
restricted for a reasonable period of time necessary to
accomplish the search and rescue.
SECTION 23. ORS 453.322 is amended to read:
453.322. (1) The State Fire Marshal shall retain for at least
five years the information provided by the employer under ORS
453.317.
(2) The State Fire Marshal shall provide copies of the
information to each local public health authority, fire district
and any public or private safety agency administering a 9-1-1
emergency reporting system pursuant to ORS 401.710 to 401.816
and, upon request, provide copies of the information to the
following agencies located within the geographic jurisdiction of
the fire district:
(a) Fire districts and other emergency service personnel
responding to a hazardous substance incident;
(b) Health professionals;
(c) Law enforcement agencies; and
(d) Local emergency management agencies as { - defined in ORS
401.025 - } { + described in ORS 401.305 + }.
(3) The State Fire Marshal may distribute the information
provided by an employer under ORS 453.317 to persons outside the
jurisdiction of the fire district if the State Fire Marshal
considers the information essential to the safe control of an
emergency.
(4) In addition to the requirements of subsections (2) and (3)
of this section, the State Fire Marshal shall provide, upon
request, access to the information provided by employers under
ORS 453.317 to any agency of this state.
{ +
(Emergency Services System) + }
SECTION 24. ORS 401.035 is amended to read:
401.035. (1) { + The emergency services system is composed of
all agencies and organizations involved in the coordinated
delivery of emergency services. + } The Governor is responsible
for the emergency services system within the State of Oregon.
{ - (2) - } The executive officer or governing body of each
county or city of this state is responsible for the emergency
services system within that jurisdiction.
{ - (3) - } { + (2) + } In carrying out their
responsibilities for emergency services systems, the Governor and
the executive officers or governing bodies of the counties or
cities may delegate any administrative or operative authority
vested in them by ORS { - 401.015 to 401.107, 401.257 to
401.325 and 401.355 to 401.584 - } { + 401.015 to 401.039 + }
and provide for the subdelegation of that authority.
{ +
(Emergency Service Worker) + }
SECTION 25. ORS 401.550 is amended to read:
401.550. The Director of the Office of Emergency Management
shall appoint a Search and Rescue Coordinator to:
(1) Coordinate the search and rescue function of the Office of
Emergency Management;
(2) Coordinate the activities of state and federal agencies
involved in search and rescue;
(3) Establish liaison with the Oregon State Sheriffs'
Association and other public and private organizations and
agencies involved in search and rescue;
(4) Provide on-scene search and rescue coordination when
requested by an authorized person;
(5) Coordinate and process requests for the use of
{ - emergency service workers - } { + volunteers + } and
equipment;
(6) Assist in developing training and outdoor education
programs;
(7) Gather statistics in search and rescue operations; and
(8) Gather and disseminate resource information of personnel,
equipment and materials available for search and rescue.
SECTION 26. ORS 480.347 is amended to read:
480.347. Notwithstanding ORS 480.330 and 480.340, during an
emergency as defined in ORS 401.025, the owner, operator or
employee of a dispensing facility may permit nonretail customers,
other than the owner, operator or employee, to use or manipulate
at the dispensing facility a card activated or key activated
device for dispensing Class 1 flammable liquids into the fuel
tank of a vehicle or other container if:
(1) The owner or operator holds a current nonretail facility
license issued by the State Fire Marshal under ORS 480.350;
(2) The fuel is dispensed to an emergency service agency as
defined in ORS 401.025 or to an entity authorized by an emergency
service agency to provide services during an emergency;
(3) The nonretail customer, other than the owner or operator,
dispensing Class 1 flammable liquids is { - an emergency
service worker - } { + a qualified emergency service
volunteer + } as defined in { - ORS 401.025 - } { + section 2
of this 2009 Act + } or an owner or employee of the entity
authorized by the emergency service agency to provide services
during an emergency and dispenses Class 1 flammable liquids only
into the fuel tank of a vehicle or other container owned and used
by the emergency service agency or the entity authorized by that
agency to provide services during an emergency; and
(4) The nonretail customer, other than the owner, operator or
employee, dispensing Class 1 flammable liquids satisfies safety
training requirements in compliance with rules of the State Fire
Marshal.
SECTION 27. ORS 801.208 is amended to read:
801.208. (1) 'Commercial motor vehicle' means a motor vehicle
or combination of motor vehicles that:
(a) Has a gross combination weight rating of 26,001 pounds or
more, inclusive of a towed unit with a gross vehicle weight
rating of more than 10,000 pounds;
(b) Has a gross vehicle weight rating of 26,001 pounds or more;
(c) Is designed to transport 16 or more persons, including the
driver; or
(d) Is of any size and is used in the transportation of
hazardous materials.
(2) Notwithstanding subsection (1) of this section, the term '
commercial motor vehicle' does not include the following:
(a) An emergency fire vehicle being operated by firefighters as
defined in ORS 652.050;
(b) Emergency vehicles being operated by { + qualified + }
emergency service { - workers - } { + volunteers + } as
defined in { - ORS 401.025 - } { + section 2 of this 2009
Act + };
(c) A motor home used to transport or house, for nonbusiness
purposes, the operator or the operator's family members or
personal possessions;
(d) A vehicle that is owned or leased by, or operated under
contract with, a mass transit district or a transportation
district when the vehicle is actually being used to transport
passengers for hire and is being operated by a volunteer driver,
so long as the vehicle is not one described in subsection (1)(a)
to (d) of this section; or
(e) A recreational vehicle that is operated solely for personal
use.
{ +
(Public Body and Local Government) + }
SECTION 28. ORS 401.015 is amended to read:
401.015. (1) The general purpose of ORS { - 401.015 to
401.107, 401.257 to 401.325 and 401.355 to 401.584 - } { +
401.015 to 401.039 + } is to reduce the vulnerability of the
State of Oregon to loss of life, injury to persons or property
and human suffering and financial loss resulting from
emergencies, and to provide for recovery and relief assistance
for the victims of { - such occurrences - } { +
emergencies + }.
(2) It is declared to be the policy and intent of the
Legislative Assembly that preparations for emergencies and
governmental responsibility for responding to emergencies be
placed at the local { - government - } level. The state shall
prepare for emergencies, but shall not assume authority or
responsibility for responding to { - such an event - } { + an
emergency + } unless the appropriate response is beyond the
capability of the city and county in which { - it - } { + the
emergency + } occurs, the city or county fails to act, or the
emergency involves two or more counties.
SECTION 29. ORS 401.039 is amended to read:
401.039. (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 - } { + and any public body as defined by
ORS 174.109 + }.
(2) Notwithstanding ORS { - 401.065, 401.085, 401.095 and
401.115 - } { + 401.065 to 401.085 + }, { - 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 { + during a state of emergency declared under ORS
401.055 + }.
(3) If a unit of government seizes a firearm from an individual
during a state of emergency in violation of this section, the
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 30. ORS 401.272 is amended to read:
401.272. (1) As used in this section:
(a) 'Companion animal' means a domestic animal commonly kept as
a household pet.
(b) 'Service animal' means an animal that assists or performs
tasks for a person with a sensory, emotional, mental or physical
disability.
(2) The Office of Emergency Management, in cooperation with the
State Department of Agriculture and { - county and - } local
governments, shall prepare a written animal emergency operations
plan that provides for the evacuation, transport and temporary
sheltering of companion animals and service animals during a
major disaster or an emergency.
(3) The office, in developing the plan, shall emphasize the
protection of human life and shall consider:
(a) Allowing owners of service animals to be evacuated,
transported and sheltered with their service animals;
(b) Establishing a sufficient number of evacuation shelters
equipped to temporarily shelter companion animals and service
animals in close proximity to a human sheltering facility;
(c) Allowing owners and their companion animals to be evacuated
together whenever possible;
(d) Establishing an identification system to ensure that owners
who are separated from their companion animals or service animals
during an evacuation are provided with all information necessary
to locate and reclaim their animals;
(e) Transporting companion animals or service animals, in cages
or carriers that safely and securely confine the animals, in an
impending major disaster or emergency;
(f) Recommending that animal shelters, humane societies,
veterinary offices, boarding kennels, breeders, grooming
facilities, animal testing facilities and any other entity that
normally houses companion animals or service animals create
evacuation plans for the animals housed at their facilities;
(g) Establishing recommended minimum holding periods for
companion animals or service animals that are sheltered during a
major disaster or an emergency; and
(h) Creating and promoting an educational campaign for owners
of companion animals or service animals that will:
(A) Encourage owners to plan for and incorporate their animals
in the owners' personal plans in the event of a major disaster or
an emergency; and
(B) Inform owners of companion animals or service animals about
the animal emergency operations plan prepared under this section.
SECTION 31. ORS 401.274 is amended to read:
401.274. (1) As used in this section { - : - } { + , + }
{ - (a) 'Emergency' has the meaning given that term in ORS
401.025. - }
{ - (b) - } 'livestock' means cattle, horses, sheep and any
other animals designated by the State Department of Agriculture.
{ - (c) 'Major disaster' has the meaning given that term in
ORS 401.025. - }
(2) The State Department of Agriculture, in cooperation with
the Office of Emergency Management and { - county and - }
local governments, shall prepare a written livestock emergency
operations plan that provides for the evacuation, transport and
temporary sheltering of livestock during a major disaster or an
emergency.
(3) The department, in developing the plan, shall consider:
(a) Methods for providing adequate food and water for livestock
during a major disaster or an emergency;
(b) Methods for providing livestock with adequate shelter or
protection from harsh weather conditions during a major disaster
or an emergency;
(c) Creating and promoting an educational campaign for owners
of livestock that will:
(A) Encourage owners to plan for and incorporate their
livestock in the owners' personal plans in the event of a major
disaster or an emergency; and
(B) Inform owners of livestock about the livestock emergency
operations plan prepared under this section; and
(d) Any other methods or arrangements that the department
determines would protect livestock during a major disaster or an
emergency.
SECTION 32. ORS 401.309 is amended to read:
401.309. { + (1) The governing body of a city or county in
this state may declare, by ordinance or resolution, that a state
of emergency exists within the city or county. The ordinance or
resolution must limit the duration of the state of emergency to
the period of time during which the conditions giving rise to the
declaration exist or are likely to remain in existence. + }
{ - (1) - } { + (2) + } { - Each county, city or other
municipal corporation - } { + A city or county + } in this
state may, by ordinance or resolution, establish procedures to
prepare for and carry out any activity to prevent, minimize,
respond to or recover from an emergency. The ordinance or
resolution shall describe the conditions required for the
declaration of a state of emergency within the jurisdiction
{ - and the agency or individual authorized to declare that a
state of emergency exists - } .
{ - (2) - } { + (3) + } An ordinance or resolution adopted
under { + subsection (2) of + } this section may designate the
emergency management agency, if any, or any other agency or
official of the { - county, city or municipal corporation - }
{ + city or county + } as the agency or official charged with
carrying out emergency duties or functions under the ordinance.
{ - (3) - } { + (4) + } A { - county, city or municipal
corporation - } { + city or county + } may authorize an agency
or official to order mandatory evacuations of residents and other
individuals after a
{ - declaration of a - } state of emergency { - within the
jurisdiction - } is declared { + under this section + }. An
evacuation under an ordinance or resolution authorized
{ - by - } { + under subsection (2) of + } this section shall
be ordered only when necessary for public safety or when
necessary for the efficient conduct of activities that minimize
or mitigate the effects of the emergency.
{ - (4) - } { + (5) + } Nothing in this section shall be
construed to affect or diminish the powers of the Governor during
a state of emergency declared under ORS 401.055. The provisions
of ORS
{ - 401.015 to 401.107, 401.115 and 401.125 to 401.145 - }
{ + 401.065 to 401.085 + } supersede the provisions of an
ordinance or resolution authorized by this section when the
Governor declares a state of emergency within any area in which
such an ordinance or resolution applies.
{ - (5) As used in this section, 'emergency' has the meaning
given that term in ORS 401.025. - }
SECTION 33. ORS 401.590 is amended to read:
401.590. (1) A public body { + that has authority to conduct
search and rescue activities + } may collect an amount specified
in this section as reimbursement for the cost of search and
rescue activities when the public body conducts search and rescue
activities for the benefit of hikers, climbers, hunters and other
users of wilderness areas or unpopulated forested or mountainous
recreational areas in this state.
(2) The public body may collect moneys as authorized by this
section from each person for whose benefit search and rescue
activities are conducted. The public body may not collect more
than $500 from an individual under this section and may not
collect more than the actual cost of the search and rescue
activities from all of the individuals for whose benefit the
activities are conducted.
(3) A public body may obtain reimbursement under this section
only when:
(a) Reasonable care was not exercised by the individuals for
whose benefit the search and rescue activities are conducted; or
(b) Applicable laws were violated by such individuals.
(4) Any individual who is charged a fee for reimbursement under
this section may appeal the charge or the amount of the fee to
the public body that charged the fee.
(5) For the purposes of subsection (3) of this section,
evidence of reasonable care includes:
(a) The individuals possessed experience and used equipment
that was appropriate for the known conditions of weather and
terrain.
(b) The individuals used or attempted to use locating devices
or cellular telephones when appropriate.
(c) The individuals notified responsible persons or
organizations of the expected time of departure and the expected
time of return and the planned location or route of activity.
(d) The individuals had maps and orienteering equipment and
used trails or other routes that were appropriate for the
conditions.
(6) As used in this section, 'public body' { - means any unit
of state or local government that conducts or has authority to
conduct search and rescue activities - } { + has the meaning
given that term in ORS 174.109 + }.
SECTION 34. ORS 190.156 is amended to read:
190.156. As used in ORS 190.155 to 190.170:
(1) 'Event' means an incident that overwhelms or may overwhelm
the resources of a local government.
{ + (2) 'Local government' has the meaning given that term in
ORS 174.116. + }
{ - (2) - } { + (3) + } 'Requesting local government' means
a local government that requests assistance from other local
governments.
{ - (3) - } { + (4) + } 'Resources' means employees,
services, equipment and supplies of a responding local
government.
{ - (4) - } { + (5) + } 'Responding local government' means
a local government that has responded to a requesting local
government by providing resources.
{ +
(Statewide Emergency Management Plan) + }
SECTION 35. ORS 401.257 is amended to read:
401.257. (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.
{ + (3) The office shall prepare a statewide emergency
management plan and update the plan from time to time as
necessary. + }
SECTION 36. 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 emergencies 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 - } { +
statewide + } emergency management plan { - with - } { +
prepared under ORS 401.257 as having + } emergency service or
administrative responsibilities, shall appoint an emergency
management coordinator as their representative to work with the
Office { + of Emergency Management + } on the development and
implementation of emergency plans and procedures.
(5) The Office of Emergency Management shall adopt rules
relating to the planning, administration and operation of the
notification system maintained under this section.
{ +
SECTION, SERIES AND CHAPTER REFERENCES + }
SECTION 37. ORS 18.348 is amended to read:
18.348. (1) All funds exempt from execution and other process
under ORS 18.358, 18.385 (2) to (4), 238.445, 344.580, 348.863,
{ - 401.405, - } 407.595, 411.760, 414.095, 655.530, 656.234,
657.855 and 748.207 and 38 U.S.C. 3101 and 42 U.S.C. 407 shall
remain exempt when deposited in an account of a judgment debtor
as long as the exempt funds are identifiable.
(2) Except as provided in subsection (3) of this section, the
provisions of subsection (1) of this section do not apply to any
accumulation of funds greater than $7,500.
(3) Subsection (2) of this section does not apply to funds
exempt from execution or other process under 42 U.S.C. 407.
SECTION 38. ORS 176.800 is amended to read:
176.800. (1) Nothing in ORS 176.750 to 176.815 is intended as a
delegation of legislative responsibility for the appropriation or
authorization of expenditure of public funds, as provided in the
Constitution and laws of this state.
(2) The powers vested in the Governor under ORS 176.750 to
176.815 are in addition to, and not in lieu of, emergency powers
vested in the Governor under ORS { - 401.015 to 401.580 and
401.990 - } { + 401.015 to 401.039 + } or any other law of
Oregon.
(3) It is the intent of the Legislative Assembly that if ORS
176.750 to 176.815 and 176.990 are held unconstitutional as
applied to contracts executed before February 26, 1974, ORS
176.750 to 176.815 and 176.990 nevertheless are effective with
respect to contracts executed on or after February 26, 1974, and
with respect to renewals or extensions of existing contracts on
or after February 26, 1974.
SECTION 39. ORS 401.065 is amended to read:
401.065. { - During a state of emergency, the Governor
shall: - }
(1) { - Have - } { + During a state of emergency, the
Governor has + } complete authority over all executive agencies
of state government and the right to exercise, within the area
designated in the proclamation, all police powers vested in the
state by the Oregon Constitution in order to effectuate the
purposes of ORS { - 401.015 to 401.107, 401.257 to 401.325 and
401.355 to 401.584 - } { + 401.015 to 401.039. + } { - ; - }
(2) { - Have - } { + During a state of emergency, the
Governor has + } authority to suspend provisions of any order or
rule of any state agency, if the Governor determines and declares
that strict compliance with the provisions of the order or rule
would in any way prevent, hinder or delay mitigation of the
effects of the emergency { - ; and - } { + . + }
(3) { - Have - } { + During a state of emergency, the
Governor has + } authority to direct any agencies in the state
government to utilize and employ state personnel, equipment and
facilities for the performance of any activities designed to
prevent or alleviate actual or threatened damage due to the
emergency, and may direct the agencies to provide supplemental
services and equipment to local governments to restore any
services in order to provide for the health and safety of the
citizens of the affected area.
SECTION 40. ORS 401.074 is amended to read:
401.074. Whenever the Governor has declared a state of
emergency { - under ORS 401.015 to 401.107, 401.257 to 401.325
and 401.355 to 401.584 - } or the President of the United States
has declared an emergency or a major disaster to exist in this
state, the Governor, with the concurrence of the Joint Committee
on Ways and Means or the Emergency Board, if the Legislative
Assembly is not in session, is authorized:
(1) To enter into purchase, lease or other arrangements with
any agency of the United States for temporary housing units to be
occupied by disaster victims and to make the units available to
local governments of the state.
(2) To assist any local government of this state which requires
temporary housing for disaster victims following the declaration
of a state of emergency to acquire and prepare a site to receive
and utilize temporary housing units by:
(a) Advancing or lending funds available to the Governor from
any appropriation made by the Legislative Assembly or from any
other source; and
(b) Passing through funds made available by any public or
private agency.
SECTION 41. ORS 401.085 is amended to read:
401.085. Whenever the Governor has declared a state of
emergency { - under ORS 401.015 to 401.107, 401.257 to 401.325
and 401.355 to 401.584 - } , the Governor { - shall be
authorized to - } { + may + } issue, amend and enforce rules
and orders to:
(1) Control, restrict and regulate by rationing, freezing, use
of quotas, prohibitions on shipments, price fixing, allocation or
other means, the use, sale or distribution of food, feed, fuel,
clothing and other commodities, materials, goods and services;
(2) Prescribe and direct activities in connection with use,
conservation, salvage and prevention of waste of materials,
services and facilities, including, but not limited to,
production, transportation, power and communication facilities
training, and supply of labor, utilization of industrial plants,
health and medical care, nutrition, housing, rehabilitation,
education, welfare, child care, recreation, consumer protection
and other essential civil needs; and
(3) Take any other action that may be necessary for the
management of resources following an emergency.
SECTION 42. 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 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
401.107, 401.257 to 401.325, 401.355 to 401.584 and 401.706 - }
{ + 401.015 to 401.039 + };
(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 401.107, 401.257 to 401.325
and 401.355 to 401.584 - } { + 401.015 to 401.039 + } or as may
be directed by the Governor;
(5) Administer grants relating to emergency program
management { + under ORS 401.305 + }, 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 401.107, 401.257
to 401.325, 401.355 to 401.584 and 401.706 - } { + 401.015 to
401.039 + };
(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 43. ORS 401.155 is amended to read:
401.155. The Governor is authorized to make rules and
regulations { - as are - } necessary to carry out the purposes
of ORS
{ - 401.125 to 401.145 and 401.335 - } { + 401.065 to
401.085 + }.
SECTION 44. ORS 401.315 is amended to read:
401.315. In carrying out the provisions of ORS { - 401.015 to
401.107, 401.257 to 401.325 and 401.355 to 401.584 - } { +
401.015 to 401.039 + }, counties or cities may enter into
contracts and incur obligations necessary to mitigate, prepare
for, respond to or recover from { - emergencies - } { + an
emergency + } or major disaster. A county shall assess whether an
emergency exists.
SECTION 45. ORS 401.490 is amended to read:
401.490. In carrying out the provisions of ORS { - 401.015 to
401.107, 401.257 to 401.325 and 401.355 to 401.584 - } { +
401.015 to 401.039 + }, the Governor and the executive officers
or governing bodies of the counties and cities may request and
utilize the services, equipment, supplies and facilities of
existing departments, offices and agencies of the state and of
local governments. The officers and personnel of all local
government departments, offices and agencies may cooperate with,
and extend such services and facilities to the Governor, to the
Office of Emergency Management and to emergency management
agencies and emergency service agencies upon request.
SECTION 46. ORS 401.580 is amended to read:
401.580. (1) An incident number shall be assigned to each
search and rescue reported { - by an authorized person - }
under ORS
{ - 401.015 to 401.107, 401.257 to 401.325 and 401.355 to
401.584 - } { + 401.560 + }.
(2) The incident number assigned shall be referenced for:
(a) The payment of workers' compensation benefits for those
persons participating in search and rescue activities; and
(b) The dispatch and request for state, federal and cooperative
assistance resources.
SECTION 47. ORS 401.641 is amended to read:
401.641. (1) If county, city or district equipment is assigned
and used under ORS 401.638 to respond to a structural collapse or
threat of imminent structural collapse in another county, city or
district, the state:
(a) Is liable for any resulting loss of, or damage to, the
equipment.
(b) Shall pay any expense incurred by the responding county,
city or district for transportation, performance or maintenance
of the equipment.
(2) A claim for loss, damage or expense under subsection (1) of
this section must be filed within 60 days after the loss, damage
or expense is incurred, or within any extension of time for
filing the claim granted by the Department of State Police. The
claim must include an itemized notice of the claim, signed under
oath, and be served by mail or personally upon the department.
{ - An accepted claim for loss, damage or expense shall be
payable from moneys made available under ORS 401.355 to
401.465. - }
SECTION 48. ORS 401.990 is amended to read:
401.990. Any person knowingly violating any provision of ORS
{ - 401.015 to 401.107, 401.257 to 401.325 and 401.355 to
401.584 - } { + 401.015 to 401.039 + }, or any of the rules,
regulations or orders adopted and promulgated under those
sections, shall, upon conviction thereof, be guilty of a Class C
misdemeanor.
SECTION 49. ORS 469.533 is amended to read:
469.533. Notwithstanding ORS { - chapter 401 - } { +
401.015 to 401.039 + }, the State Department of Energy in
cooperation with the Department of Human Services and the Office
of Emergency Management shall establish rules for the protection
of health and procedures for the evacuation of people and
communities who would be affected by radiation in the event of an
accident or a catastrophe in the operation of a nuclear power
plant or nuclear installation.
SECTION 50. ORS 469.535 is amended to read:
469.535. Notwithstanding ORS { - chapter 401 - } { +
401.015 to 401.039 + }, when an emergency exists because of an
accident or catastrophe in the operation of a nuclear power plant
or nuclear installation or in the transportation of radioactive
material, the Governor, for the duration of the emergency, may:
(1) Assume complete control of all emergency operations in the
area affected by the accident or catastrophe, direct all rescue
and salvage work and do all things deemed advisable and necessary
to alleviate the immediate conditions.
(2) Assume control of all police and law enforcement activities
in such area, including the activities of all local police and
peace officers.
(3) Close all roads and highways in such area to traffic or by
order of the Director of the State Department of Energy limit the
travel on such roads to such extent as the director deems
necessary and expedient.
(4) Designate persons to coordinate the work of public and
private relief agencies operating in such area and exclude from
such area any person or agency refusing to cooperate with other
agencies engaged in emergency work.
(5) Require the aid and assistance of any state or other public
or quasi-public agencies in the performance of duties and work
attendant upon the emergency conditions in such area.
SECTION 51. ORS 469.611 is amended to read:
469.611. Notwithstanding ORS { - chapter 401 - } { +
401.015 to 401.039 + }:
(1) The Director of the State Department of Energy shall
coordinate emergency preparedness and response with appropriate
agencies of government at the local, state and national levels to
ensure that the response to a radioactive material transportation
accident is swift and appropriate to minimize damage to any
person, property or wildlife. This program shall include the
preparation of localized plans setting forth agency
responsibilities for on-scene response.
(2) The director shall:
(a) Apply for federal funds as available to train, equip and
maintain an appropriate response capability at the state and
local level; and
(b) Request all available training and planning materials.
(3) The Department of Human Services shall maintain a trained
and equipped radiation emergency response team available at all
times for dispatch to any radiological emergency. Before arrival
of the team at the scene of a radiological accident, the Director
of the State Department of Energy may designate other technical
advisors to work with the local response agencies.
(4) The Department of Human Services shall assist the Director
of the State Department of Energy to ensure that all emergency
services organizations along major transport routes for
radioactive materials are offered training and retraining in the
proper procedures for identifying and dealing with a radiological
accident pending the arrival of persons with technical expertise.
The Department of Human Services shall report annually to the
Director of the State Department of Energy on training of
emergency response personnel.
{ +
MISCELLANEOUS + }
SECTION 52. { + The unit and section captions used in this
2009 Act are provided only for the convenience of the reader and
do not become part of the statutory law of this state or express
any legislative intent in the enactment of this 2009 Act. + }
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