reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 399 - Organized Militia › Section 399.515 - Explanation of military laws and Oregon Code of Military Justice to members of organized militia.

(1) This section, ORS 398.006, 398.252 and 399.205 and the Oregon Code of Military Justice as described in ORS 396.128 shall be carefully explained to:
(a) Every enlisted member at the time of enlistment or transfer or induction into, or at the time of an order to duty in or with any of the forces of the organized militia or within 30 days thereafter; and
(b) Each unit of the organized militia on an annual basis.
(2) A complete text of ORS chapter 398 and the Oregon Code of Military Justice, of ORS 399.205 and of the regulations issued by the Adjutant General under ORS 396.160 and 398.420 shall be made available to any member of the organized militia, upon request, for personal examination. [1961 c.454 §199; 2005 c.512 §31; 2013 c.81 §25]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 399 - Organized Militia › Section 399.520 - Noncommissioned officers.

All noncommissioned officers of the organized militia shall be appointed in the discretion of the appointing officer upon the nomination of the officer under whose immediate command they are to serve. Appointing officers shall be designated in military department regulations issued pursuant to ORS 396.305. The appointment of a noncommissioned officer may be terminated as prescribed by such regulations. [1961 c.454 §66]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 399 - Organized Militia › Section 399.525 - Discharges.

(1) An enlisted person may be discharged from any force of the organized militia prior to the expiration of the term of enlistment under such conditions as may be prescribed by applicable federal and state laws and regulations.
(2) An enlisted person discharged from a force of the organized militia shall receive a discharge in writing in such form and of such type or classification as may be prescribed by applicable laws and regulations of the United States and by military department regulations issued pursuant to this chapter and ORS chapters 396 and 398. [1961 c.454 §67]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 399 - Organized Militia › Section 399.530 - Dropping from rolls.

When an enlisted person of the organized militia absents self without leave and there is reason to believe that the person does not intend to return, the person may be discharged in accordance with military department regulations issued pursuant to ORS 396.305. [1961 c.454 §68]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 401 - Emergency Management and Services › Section 401.025 - Definitions for ORS chapter 401.

As used in this chapter:
(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, wildfire, 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.
(2) "Emergency service agency" means an organization within a local government that performs essential services for the public’s benefit before, during or after an emergency, such as law enforcement, fire control, health, medical and sanitation services, public works and engineering, public information and communications.
(3) "Emergency services" means activities engaged in by state and local government agencies to prepare for an emergency and to prevent, minimize, respond to or recover from an emergency, 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.
(4) "Local government" has the meaning given that term in ORS 174.116.
(5) "Major disaster" means any event defined as a "major disaster" under 42 U.S.C. 5122(2). [1983 c.586 §2; 1985 c.733 §21; 1987 c.373 §84; 1989 c.361 §8; 1991 c.418 §1; 1991 c.956 §10; 1993 c.187 §1; 1999 c.935 §29; 2005 c.825 §9; 2007 c.97 §10; 2007 c.223 §5; 2007 c.740 §20; 2009 c.718 §17; 2021 c.592 §16]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 401 - Emergency Management and Services › Section 401.032 - Statement of policy and purpose.

(1) The general purpose of this chapter 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 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 level. The state shall prepare for emergencies, but shall not assume authority or responsibility for responding to an emergency unless the appropriate response is beyond the capability of the city and county in which the emergency occurs, the city or county fails to act, or the emergency involves two or more counties. [Formerly 401.015]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 401 - Emergency Management and Services › Section 401.035 - Responsibility for emergency services systems.

(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. The executive officer or governing body of each county or city of this state is responsible for the emergency services system within that jurisdiction.
(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 this chapter and provide for the subdelegation of that authority. [1983 c.586 §3; 2009 c.718 §24]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 401 - Emergency Management and Services › Section 401.038 - Emergency incident training for certain officials.

(1) All elected officials in this state, all administrative heads of state agencies and all persons in the state government management service as defined in ORS 240.212 shall complete introductory courses offered or approved by the Federal Emergency Management Agency on incident command and the National Incident Management System.
(2) All officials of a local government, as defined in ORS 174.116, who have or could reasonably be expected to have emergency or disaster response responsibility shall complete education on emergency response as recommended by the emergency program manager appointed by the local government under ORS 401.305 or the chief administrative officer of the local government. [2022 c.55 §4]
Note:
401.038 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 401 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 401 - Emergency Management and Services › Section 401.052 - Responsibilities of Oregon Department of Emergency Management.

(1) The Oregon Department of Emergency Management is established.
(2) The department 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 department shall prepare a statewide emergency management plan and update the plan from time to time as necessary. [Formerly 401.257; 2021 c.539 §2]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 401 - Emergency Management and Services › Section 401.054 - Liaisons with Oregon Department of Emergency Management.

(1) Each of the following agencies, entities and officials shall designate an individual to act as a liaison with the Oregon Department of Emergency Management:
(a) The Department of Consumer and Business Services;
(b) The Department of Corrections;
(c) The Department of Education;
(d) The Department of Environmental Quality;
(e) The Department of Human Services;
(f) The Department of Justice;
(g) The Department of Land Conservation and Development;
(h) The Department of Public Safety Standards and Training;
(i) The Department of State Lands;
(j) The Department of State Police;
(k) The Department of Transportation;
(L) The Department of Veterans’ Affairs;
(m) The Employment Department;
(n) The Housing and Community Services Department;
(o) The Judicial Department;
(p) The Oregon Business Development Department;
(q) The Oregon Department of Administrative Services;
(r) The Oregon Department of Aviation;
(s) The Oregon Health Authority;
(t) The Oregon Military Department;
(u) The Oregon Tourism Commission;
(v) The Public Utility Commission of Oregon;
(w) The Secretary of State;
(x) The State Department of Agriculture;
(y) The State Department of Energy;
(z) The State Department of Fish and Wildlife;
(aa) The State Department of Geology and Mineral Industries;
(bb) The State Fire Marshal;
(cc) The State Forestry Department;
(dd) The State Marine Board;
(ee) The State Parks and Recreation Department;
(ff) The Travel Information Council; and
(gg) The Water Resources Department.
(2) Each agency, entity and official required to designate a liaison under this section shall designate an individual who has authority during an emergency to allocate resources and assets of the agency, entity or official.
(3) Each individual designated as a liaison under subsection (1) of this section shall assist in the coordination of the functions of the agency, entity or official that designated the individual that relate to emergency preparedness and response with similar functions of the Oregon Department of Emergency Management. [Formerly 401.259; 2013 c.512 §1; 2017 c.231 §1; 2021 c.539 §3]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 401 - Emergency Management and Services › Section 401.055

[1983 c.586 §4; 1991 c.605 §1; 1993 c.187 §3; 2007 c.408 §1; 2007 c.740 §21; renumbered 401.165 in 2009]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 401 - Emergency Management and Services › Section 401.062 - Oregon Department of Emergency Management; appointment of director.

(1) The Oregon Department of Emergency Management is under the supervision and control of a director, who is responsible for the performance of the duties, functions and powers of the department.
(2) The Governor shall appoint the Director of the Oregon Department of Emergency Management, who holds office at the pleasure of the Governor. The appointment of the director is subject to confirmation by the Senate in the manner prescribed by ORS 171.562 and 171.565.
(3) The director shall be paid a salary as provided by law or, if not so provided, as prescribed by the Governor.
(4) For purposes of administration, subject to the approval of the Governor, the director may organize and reorganize the department as the director considers necessary to properly conduct the work of the department.
(5) The director may divide the functions of the department into administrative divisions. Subject to the approval of the Governor, the director may appoint an individual to administer each division. The administrator of each division serves at the pleasure of the director and is not subject to the provisions of ORS chapter 240. Each individual appointed under this subsection must be well qualified by technical training and experience in the functions to be performed by the individual. [Formerly 401.261; 2021 c.539 §4]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 401 - Emergency Management and Services › Section 401.067 - Compliance Division.

(1) There is established the Compliance Division as an administrative division of the Oregon Department of Emergency Management. The Director of the Oregon Department of Emergency Management shall appoint a compliance officer to lead the division. The compliance officer serves at the pleasure of and at the direction of the director. The director may appoint additional staff to the division as the director deems necessary for the division to carry out its duties.
(2) The Compliance Division shall:
(a) Ensure that the department is in compliance with requirements and regulations relating to moneys received from the federal government, including ensuring compliance by grantees or subgrantees;
(b) Prepare and maintain documentation related to compliance;
(c) Establish monitoring and reporting requirements as necessary to ensure compliance;
(d) Identify compliance risks and direct and supervise corrective actions to mitigate such risks; and
(e) Serve as liaison between the department and federal officials.
(3) Public bodies, as defined in ORS 174.109, shall promptly provide to the Compliance Division any books, records or other documentation that the division determines to be necessary to carry out its duties. [2023 c.427 §4]
Note:
401.067 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 401 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 401 - Emergency Management and Services › Section 401.072 - Appointment of deputy director.

(1) The Director of the Oregon Department of Emergency Management may, by written order filed with the Secretary of State, appoint a deputy director. The deputy director serves at the pleasure of the director, has authority to act for the director in the absence of the director and is subject to the control of the director at all times.
(2) Subject to any applicable provisions of ORS chapter 240, the director shall appoint all subordinate officers and employees of the department, prescribe their duties and fix their compensation. [Formerly 401.263; 2021 c.539 §5]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 401 - Emergency Management and Services › Section 401.082 - Advisory and technical committees.

(1) To aid and advise the Director of the Oregon Department of Emergency Management in the performance of the functions of the Oregon Department of Emergency Management, the director may establish such advisory and technical committees as the director considers necessary. The committees may be continuing or temporary. The director shall determine the representation, membership, terms and organization of the committees and shall appoint their members. The director is an ex officio member of each committee.
(2) Members of the committees are not entitled to compensation, but in the discretion of the director may be reimbursed from funds available to the department for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amount provided in ORS 292.495. [Formerly 401.267; 2021 c.539 §8]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 401 - Emergency Management and Services › Section 401.088 - Interagency agreements.

The Director of the Oregon Department of Emergency Management may enter into interagency agreements with other state agencies that the director determines are necessary to carry out the duties of the Oregon Department of Emergency Management. [Formerly 401.269; 2021 c.539 §9]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 401 - Emergency Management and Services › Section 401.092 - Duties of director; federal fire management assistance declaration; rules.

(1) The Director of the Oregon Department of Emergency Management is 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:
(a) Make rules that are necessary and proper for the administration and implementation of this chapter;
(b) Coordinate the activities of all public and private organizations specifically related to providing emergency services within this state;
(c) Maintain a cooperative liaison with emergency management agencies and organizations of local governments, other states and the federal government;
(d) Have such additional authority, duties and responsibilities authorized by this chapter or as may be directed by the Governor;
(e) Administer grants relating to emergency program management under ORS 401.305 and emergency services for the state;
(f) Provide for and staff the State Emergency Operations Center to aid the Governor and the department in the performance of duties under this chapter;
(g) Serve as the Governor’s authorized representative for coordination of certain response activities and managing the recovery process;
(h) Establish training and professional standards for local emergency program management personnel;
(i) Establish task forces and advisory groups to assist the department in achieving mandated responsibilities;
(j) Enforce compliance requirements of federal and state agencies for receiving funds and conducting designated emergency functions; and
(k) 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.
(2) Notwithstanding subsection (1) of this section, the State Forester shall serve as the Governor’s authorized representative for the purpose of initiating the fire management assistance declaration process with the Federal Emergency Management Agency and administering Federal Emergency Management Agency fire management assistance grants. [Formerly 401.270; 2011 c.49 §1; 2013 c.782 §2; 2021 c.111 §2; 2021 c.539 §7]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 401 - Emergency Management and Services › Section 401.096 - Federal grants for emergency management and services; authority of office.

(1) The Oregon Department of Emergency Management is designated as the sole agency of the State of Oregon for the purpose of negotiating agreements with the United States Department of Homeland Security or other appropriate federal agency, on behalf of the state, for the acquisition of federal funds for the purpose of providing emergency program management and emergency services.
(2) When applying for funds described in subsection (1) of this section, the following entities shall coordinate with the department on development of proposals and submit applications to the department to be reviewed and processed:
(a) A city or county operating an emergency management program.
(b) An emergency service agency.
(c) A state agency.
(3) A tribal government operating an emergency management program may, when applying for funds, coordinate with the department on development of proposals and submit applications to the department to be reviewed, processed or both.
(4) The department is authorized to accept and receive federal funds for the purposes of emergency program management and emergency services on behalf of the state, counties, cities and participating tribal governments. [Formerly 401.280; 2013 c.189 §1; 2021 c.539 §32]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 401 - Emergency Management and Services › Section 401.111 - State plan for emergency stockpile.

(1) The Oregon Homeland Security Council, in consultation with emergency management agencies, the Oregon Department of Emergency Management or its predecessor office, and the Oregon Health Authority, shall develop a plan to ensure that Oregonians have access to a robust stockpile of supplies and equipment for use in an emergency, including personal protective equipment and raw materials for the sustained manufacture thereof, communicable disease testing equipment and all-hazards emergency surge supplies, that can be deployed on a regional basis.
(2) In developing the plan, the council shall:
(a) Develop a comprehensive list of essential equipment, materials, supplies, distribution channels and manufacturing capabilities necessary to accomplish the purpose described in subsection (1) of this section;
(b) Determine a statewide standard of availability, sufficient to adequately protect public health and safety, for each article of personal protective equipment and each element of communicable disease testing equipment on the list;
(c) Establish metrics and processes for real-time, transparent reporting of materials, supplies, distribution channels and manufacturing capabilities for each type of equipment or supply on the list that the council deems to be critical in an emergency;
(d) Collaborate with hospitals, long term care facilities, provider groups and health care organizations to obtain information on the extent to which each entity is able to provide personal protective equipment to personnel who are in contact with patients, including usage rates of personal protective equipment during normal business operations and any additional personal protective equipment each entity may maintain for emergency purposes;
(e) Determine a rotation schedule for supplies, equipment and materials in the stockpile; and
(f) Establish quality standards for elements of the stockpile, utilizing guidance from the Centers for Disease Control and Prevention and other public health organizations. [2022 c.55 §7(1),(2)]
Note:
401.111 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 401 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Note:
Section 7 (3), chapter 55, Oregon Laws 2022, provides:
Sec. 7. Report on plan.
(3) On or before April 15, 2023, the council shall report to the Legislative Assembly, in the manner provided by ORS 192.245, on the plan developed under this section [401.111]. The report must include:
(a) A description of the plan;
(b) An estimate of the cost of implementing the plan, including costs related to communication and coordination between participating entities; and
(c) Recommendations, which may include recommendations for legislation, regarding the implementation, operation and funding of the plan, including a recommendation of the state agency best suited to manage the plan. [2022 c.55 §7(3)]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 401 - Emergency Management and Services › Section 401.114 - Emergency preparedness functions.

The Oregon Department of Emergency Management shall carry out the following functions:
(1) Coordinate emergency management functions on a regional basis within this state;
(2) Coordinate training related to emergency response on a regional basis within this state; and
(3) Develop and carry out emergency preparedness exercises on a statewide basis. [2021 c.539 §25a]
Note:
401.114 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 401 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 401 - Emergency Management and Services › Section 401.116 - Emergency response exercises.

(1) The Oregon Department of Emergency Management shall develop and administer a program for periodic emergency response exercises as described in this section.
(2) Once per year, the department shall coordinate a multidisciplinary, all-hazards emergency response exercise. The exercise must involve at least 10 percent of the public or private safety agencies in this state. The department shall ensure that each public or private safety agency in this state participates in at least one exercise under this subsection in each 10-year period.
(3)(a) At least once per year, each state agency shall conduct an internal exercise that tests at least one element of the state agency’s emergency preparedness. Each state agency may determine the nature and focus of the exercise required under this subsection. Once per year, each state agency shall submit a written report to the department describing the nature of the exercise, the metrics used by the state agency to analyze the state agency’s performance and the outcome of the exercise.
(b) The department shall provide advice and recommendations to state agencies regarding the requirements of this subsection.
(4)(a) At least once per year, each county shall conduct a tabletop, scenario-based learning exercise related to emergency response. An exercise conducted by a county under this subsection must involve the majority of public or private safety agencies operating in the county.
(b) A county need not conduct the exercise required under this subsection during a year in which the county’s emergency operations center was partially or fully activated in response to an emergency.
(c) The department shall provide advice and recommendations to counties regarding the requirements of this subsection.
(5) The department shall consult with the Oregon Homeland Security Council to determine priorities for subjects of exercises conducted under this section.
(6) The department may issue grants to local governments to pay for some or all of the costs of the exercises required under this section.
(7) The department may solicit and accept gifts, grants or donations from public or private sources to fund the exercises required under this section.
(8) As used in this section:
(a) "Public or private safety agency" has the meaning given that term in ORS 181A.355.
(b) "State agency" means an agency, entity or official listed in ORS 401.054. [2022 c.55 §6]
Note:
401.116 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 401 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 401 - Emergency Management and Services › Section 401.121 - Technical assistance to local entities.

(1) The Oregon Department of Emergency Management shall provide technical assistance, as described in subsection (2) of this section, to local entities, whether public or private, that are active in emergency preparedness, response or recovery in Oregon, including:
(a) County, city and tribal emergency management agencies;
(b) Community organizations active in disaster;
(c) Long-term recovery groups; and
(d) Disaster mitigation and recovery managers.
(2) Technical assistance provided under this section may include, without limitation, assistance with:
(a) Fundraising or grant writing;
(b) Incorporation or other organization;
(c) Navigating political relationships;
(d) Interacting with the Federal Emergency Management Agency, including ensuring proper form and content of paperwork submitted to the agency;
(e) Culturally specific outreach; and
(f) Branding.
(3) The department may contract with third parties to carry out its duties under this section.
(4) The department shall adopt rules necessary for the administration of this section. [2023 c.427 §6]
Note:
401.121 and 401.123 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 401 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 401 - Emergency Management and Services › Section 401.165 - Declaration of state of emergency; procedures.

(1) The Governor by proclamation may declare a state of emergency at the request of a county governing body or after determining that an emergency has occurred or is imminent.
(2) All requests by a county governing body that the Governor declare an emergency shall be sent to the Oregon Department of Emergency Management. Cities must submit requests through the governing body of the county in which the majority of the city’s property is located. Requests from counties shall be in writing and include the following:
(a) A certification signed by the county governing body that all local resources have been expended; and
(b) A preliminary assessment of property damage or loss, injuries and deaths.
(3)(a) If, in the judgment of the Director of the Oregon Department of Emergency Management, the Governor cannot be reached by available communications facilities in time to respond appropriately to an emergency, the director shall notify the Secretary of State or, if the Secretary of State is not available, the State Treasurer that the Governor is not available.
(b) After notice from the director that the Governor is not available, the elected state official so notified may declare a state of emergency pursuant to the provisions of subsections (1) and (2) of this section.
(c) If the director is unavailable to carry out the duties described in this subsection, such duties shall be performed by the Adjutant General.
(4) Any state of emergency declared by the Secretary of State or State Treasurer pursuant to this section has the same force and effect as if declared by the Governor, except that it must be affirmed by the Governor as soon as the Governor is reached. However, if the Governor does not set aside the declaration within 24 hours of being reached, the declaration shall be considered affirmed by the Governor.
(5) Any declaration of a state of emergency must specify the geographical area covered by the declaration. Such area shall be no larger than necessary to effectively respond to the emergency.
(6) The governing body of each county shall establish a procedure for receiving, processing and transmitting to the Oregon Department of Emergency Management, in a timely manner, a request submitted by a city that the Governor declare a state of emergency. [Formerly 401.055; 2021 c.539 §33]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 401 - Emergency Management and Services › Section 401.168 - Governor’s powers during state of emergency; suspension of agency rules.

(1) 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 this chapter.
(2) 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.
(3) 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. [Formerly 401.065]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 401 - Emergency Management and Services › Section 401.175 - Additional powers during emergency.

During the existence of an emergency, the Governor may:
(1) Assume complete control of all emergency operations in the area specified in a proclamation of a state of emergency issued under ORS 401.165, 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 Governor limit the travel on such roads to such extent as the Governor 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 and work under such coordinator or 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. [Formerly 401.115; 2020 s.s.2 c.2 §§1,2; 2021 c.3 §§1,2]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 401 - Emergency Management and Services › Section 401.178 - Removal of disaster debris or wreckage; unconditional authorization of community; liability for injury or damage.

(1) Whenever the Governor has declared a disaster emergency to exist under the laws of this state, or the President of the United States, at the request of the Governor, has declared a major disaster or emergency to exist in this state, the Governor is authorized:
(a) Through the use of state departments or agencies, or the use of any of the state’s instrumentalities, to clear or remove from publicly or privately owned land or water, debris and wreckage which may threaten public health or safety, or public or private property.
(b) To accept funds from the federal government and utilize such funds to make grants to any political subdivision for the purpose of removing debris or wreckage from publicly or privately owned land or water.
(2) Authority under subsection (1) of this section shall not be exercised unless the affected political subdivision, corporation, organization, or individual shall first present an unconditional authorization for removal of such debris or wreckage from public and private property and, in the case of removal of debris or wreckage from private property, shall first agree to indemnify the state government against any claim arising from such removal.
(3) Whenever the Governor provides for clearance of debris or wreckage pursuant to subsections (1) and (2) of this section, employees of the designated state agencies or individuals appointed by the Governor are authorized to enter upon private lands or waters and perform any tasks necessary to the removal or clearance operation.
(4) Except in cases of willful misconduct, gross negligence or bad faith, any state employee or individual appointed by the Governor authorized to perform duties necessary to the removal of debris or wreckage shall not be liable for death of or injury to persons or damage to property. [Formerly 401.145]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 401 - Emergency Management and Services › Section 401.185 - Providing temporary housing during emergency.

Whenever the Governor has declared a state of emergency 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. [Formerly 401.074]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 401 - Emergency Management and Services › Section 401.186 - Waiver of waiting period for unemployment benefits.

If the Governor by proclamation has declared a state of emergency under ORS 401.165, the Governor may waive the one-week waiting period required by ORS 657.155 for persons making a claim for unemployment benefits who reside within the geographical area subject to the proclamation and specified by the Governor. [2008 c.23 §2]
Note:
Section 4, chapter 23, Oregon Laws 2008, provides:
Sec. 4.
Sections 1 and 2 [401.186] of this 2008 Act and the amendments to ORS 657.155 by section 3 of this 2008 Act become operative when federal law permits without penalty a waiver under section 2 of this 2008 Act of the one-week waiting period required by ORS 657.155. [2008 c.23 §4]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 401 - Emergency Management and Services › Section 401.188 - Management of resources during emergency; rules.

Whenever the Governor has declared a state of emergency, the Governor 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. [Formerly 401.085]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 401 - Emergency Management and Services › Section 401.192 - Effect of rules and orders during emergency; scope; effect; termination.

(1) All rules and orders issued under authority conferred by ORS 401.165 to 401.236 shall have the full force and effect of law both during and after the declaration of a state of emergency. All existing laws, ordinances, rules and orders inconsistent with ORS 401.165 to 401.236 shall be inoperative during the period of time and to the extent such inconsistencies exist.
(2) The authority exercised under ORS 401.165 to 401.236 may be exercised with respect to the entire territory over which the Governor has jurisdiction, or to any specified part thereof.
(3) When real or personal property is taken under power granted by ORS 401.188, the owner of the property shall be entitled to reasonable compensation from the state.
(4) The powers granted to the Governor by ORS 401.165 to 401.236 shall continue until termination of the state of emergency. The powers granted to the Governor by ORS 401.185 may continue beyond the termination of the state of emergency and shall be terminated by proclamation of the Governor or by joint resolution of the Legislative Assembly. [Formerly 401.095]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 401 - Emergency Management and Services › Section 401.198 - Seizure of firearms during emergency.

(1) As used in this section, "unit of government" means any department or agency of the federal government and any public body as defined by ORS 174.109.
(2) Notwithstanding ORS 401.165 to 401.236, 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 401.165.
(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. [Formerly 401.039]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 401 - Emergency Management and Services › Section 401.204 - Termination of state of emergency.

(1) The Governor shall terminate the state of emergency by proclamation when the emergency no longer exists, or when the threat of an emergency has passed.
(2) The state of emergency proclaimed by the Governor may be terminated at any time by joint resolution of the Legislative Assembly. [Formerly 401.105]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 401 - Emergency Management and Services › Section 401.232 - Federal financial assistance to political subdivision.

Whenever, at the request of the Governor, the President of the United States has declared a major disaster to exist in this state, the Governor is authorized:
(1) Upon determination that a political subdivision of the state will suffer a substantial loss of tax and other revenues from a major disaster and has demonstrated a need for financial assistance to perform its governmental functions, to apply to the federal government, on behalf of the political subdivision, for a loan; and to receive and disburse the proceeds of any approved loan to any applicant political subdivision.
(2) To determine the amount needed to restore or resume its governmental functions, and to certify the same to the federal government, provided, however, that no application amount shall exceed 25 percent of the annual operating budget of the applicant political subdivision for the fiscal year in which the major disaster occurs.
(3) To recommend to the federal government, based upon the review of the Governor, the cancellation of all or any part of repayment when, in the first three full fiscal year period following the major disaster, the revenues of the political subdivision are insufficient to meet its operating expenses, including additional disaster-related expenses of a municipal operation character. [Formerly 401.125]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 401 - Emergency Management and Services › Section 401.234 - Federal financial assistance to individuals or families.

Whenever the President of the United States, at the request of the Governor, with the concurrence of the Emergency Board or Joint Ways and Means Committee of the Legislative Assembly, has declared a major disaster to exist in this state, the Governor is authorized:
(1) Upon determination that financial assistance is essential to meet disaster-related necessary expenses or serious needs of individuals or families adversely affected by a major disaster that cannot be otherwise adequately met from other means of assistance, to accept a grant by the federal government to fund such financial assistance, subject to such terms and conditions as may be imposed upon the grant.
(2) To enter into an agreement with the federal government, or any officer or agency thereof, pledging the state to participate in the funding of the assistance authorized in subsection (1) of this section in an amount not to exceed 25 percent thereof.
(3) To make financial grants to help meet disaster-related necessary expenses or serious needs of individuals or families adversely affected by a major disaster which cannot otherwise adequately be met from other means of assistance. [Formerly 401.135]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 401 - Emergency Management and Services › Section 401.239 - Critical service providers; credentialing; rules.

(1) As used in this section, "critical service provider" means an individual:
(a) Who has received credentials under this section and who is employed by, or is acting pursuant to a contract under the direction of, an organization deemed by the Oregon Department of Emergency Management to be critical to emergency response operations in Oregon; and
(b) Who is:
(A) Maintaining, including repairing or resupplying, critical infrastructure equipment or systems;
(B) Maintaining continuity of operations of the individual’s organization;
(C) Supporting emergency response activities; or
(D) Providing technical support services to another critical service provider.
(2) Unless prohibited by state or federal law or in the discretion of the incident commander during a state of emergency declared under ORS 401.165, a critical service provider may:
(a) Travel on public roads within a geographic area subject to a declaration of a state of emergency under ORS 401.165;
(b) Access the geographic area for a purpose described in subsection (1)(b) of this section; and
(c) Access the distribution of fuel, food, water, supplies, equipment and any other materials necessary to carry out a purpose described in subsection (1)(b) of this section.
(3) An emergency service agency may not seize a vehicle, fuel, food, water or other essential materials in the possession of a critical service provider.
(4) The department may establish sector-specific programs for the credentialing of individuals as critical service providers. Such programs must inform critical service providers about:
(a) Risks associated with entering a geographic area subject to a declaration of a state of emergency under ORS 401.165;
(b) Best practices for working safely in the geographic area; and
(c) Best practices for working in a geographic area without hindering or interfering with the conduct of emergency services by an emergency service agency.
(5) The department may authorize one or more private entities organized under the laws of this state to establish sector-specific programs for the credentialing of individuals as critical service providers, subject to the following requirements:
(a) The department may authorize a private entity under this subsection only if the entity represents a majority of owners and operators in the sector for which the entity will establish a credentialing program.
(b) A program established under this subsection must meet the requirements set forth in subsection (4) of this section.
(c) An entity authorized by the department under this section to establish a credentialing program shall annually submit to the department a report regarding the operation of the program, including any changes to the program.
(6) The department may adopt rules to administer and implement the provisions of this section. [2015 c.151 §2; 2021 c.270 §1; 2021 c.539 §34a]