(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]
Note: The amendments to 401.165 by section 33, chapter 539, Oregon Laws 2021, become operative July 1, 2022. See section 155, chapter 539, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the user’s convenience. (1) The Governor may declare a state of emergency by proclamation at the request of a county governing body or after determining that an emergency has occurred or is imminent.
(2) All requests by a county governing body that the Governor declare an emergency shall be sent to the Office of Emergency Management. Cities must submit requests through the governing body of the county in which the majority of the city’s property is located. Requests from counties shall be in writing and include the following:
(a) A certification signed by the county governing body that all local resources have been expended; and
(b) A preliminary assessment of property damage or loss, injuries and deaths.
(3)(a) If, in the judgment of the Adjutant General, the Governor cannot be reached by available communications facilities in time to respond appropriately to an emergency, the Adjutant General shall notify the Secretary of State or, if the Secretary of State is not available, the State Treasurer that the Governor is not available.
(b) After notice from the Adjutant General that the Governor is not available, the elected state official so notified may declare a state of emergency pursuant to the provisions of subsections (1) and (2) of this section.
(c) If the Adjutant General is unavailable to carry out the duties described in this subsection, such duties shall be performed by the Director of the Office of Emergency Management.
(4) Any state of emergency declared by the Secretary of State or State Treasurer pursuant to this section has the same force and effect as if issued by the Governor, except that it must be affirmed by the Governor as soon as the Governor is reached. However, if the Governor does not set aside the proclamation within 24 hours of being reached, the proclamation shall be considered affirmed by the Governor.
(5) Any proclamation of a state of emergency must specify the geographical area covered by the proclamation. Such area shall be no larger than necessary to effectively respond to the emergency.
(6) The governing body of each county shall establish a procedure for receiving, processing and transmitting to the Office of Emergency Management, in a timely manner, a request submitted by a city that the Governor declare an emergency.
Structure 2021 Oregon Revised Statutes
Volume : 10 - Highways, Military
Chapter 401 - Emergency Management and Services
Section 401.025 - Definitions for ORS chapter 401.
Section 401.032 - Statement of policy and purpose.
Section 401.035 - Responsibility for emergency services systems.
Section 401.052 - Responsibilities of Oregon Department of Emergency Management.
Section 401.054 - Liaisons with Oregon Department of Emergency Management.
Section 401.062 - Oregon Department of Emergency Management; appointment of director.
Section 401.072 - Appointment of deputy director.
Section 401.082 - Advisory and technical committees.
Section 401.088 - Interagency agreements.
Section 401.092 - Duties of director; federal fire management assistance declaration; rules.
Section 401.094 - System for notification of emergencies; emergency management coordinators; rules.
Section 401.096 - Federal grants for emergency management and services; authority of office.
Section 401.109 - Oregon Homeland Security Council.
Section 401.114 - Emergency preparedness functions.
Section 401.165 - Declaration of state of emergency; procedures.
Section 401.168 - Governor’s powers during state of emergency; suspension of agency rules.
Section 401.175 - Additional powers during emergency.
Section 401.185 - Providing temporary housing during emergency.
Section 401.186 - Waiver of waiting period for unemployment benefits.
Section 401.188 - Management of resources during emergency; rules.
Section 401.192 - Effect of rules and orders during emergency; scope; effect; termination.
Section 401.198 - Seizure of firearms during emergency.
Section 401.204 - Termination of state of emergency.
Section 401.232 - Federal financial assistance to political subdivision.
Section 401.234 - Federal financial assistance to individuals or families.
Section 401.239 - First informers; credentialing.
Section 401.256 - Oregon Safety Assessment Program; rules.
Section 401.307 - Emergency management agency appropriation; tax levy.
Section 401.341 - Building inspections by private qualified professionals; rules.
Section 401.358 - Definitions for ORS 401.358 to 401.368.
Section 401.364 - Coverage under Oregon Tort Claims Act.
Section 401.368 - Workers’ compensation benefits.
Section 401.525 - Use of moneys and property for emergency services authorized.
Section 401.532 - Oregon Pre-Disaster Mitigation Fund; rules.
Section 401.534 - Oregon Disaster Response Fund; rules.
Section 401.551 - Emergency preparedness equipment grant program; rules.
Section 401.552 - Resiliency Grant Fund.
Section 401.651 - Definitions for ORS 401.651 to 401.670.
Section 401.654 - Registry of emergency health care providers; rules.
Section 401.655 - Practice by out-of-state health care provider during emergency.
Section 401.661 - Provision of health care services after declaration of emergency.
Section 401.664 - Emergency operations plan; credentialing plans.
Section 401.667 - Coverage under Oregon Tort Claims Act.
Section 401.680 - Legislative findings.
Section 401.685 - Definitions.
Section 401.690 - Exemption from certain taxes, registration and licensing requirements.
Section 401.695 - Reporting by registered business to Oregon Department of Administrative Services.
Section 401.851 - Wildfire planning and coordination.
Section 401.900 - State and local agency earthquake drills; rules.
Section 401.902 - Private employer earthquake drills; exemptions; rules.
Section 401.910 - Grant program for seismic rehabilitation of certain facilities; rules.
Section 401.915 - Seismic Safety Policy Advisory Commission; members; term.
Section 401.918 - Mission of commission.
Section 401.920 - Officers; quorum; meetings; compensation and expenses.
Section 401.922 - Support services.
Section 401.925 - Advisory and technical committees; expense reimbursement.
Section 401.930 - Assignment by Governor of local resources under direction of State Fire Marshal.
Section 401.950 - Definitions; tsunami warning information; rules.
Section 401.952 - Uniform tsunami warning signal; rules.
Section 401.955 - Contributions to finance tsunami warning system.
Section 401.960 - Definitions for ORS 401.960, 401.962, 401.965 and 401.970.
Section 401.962 - Legislative findings.
Section 401.965 - Abnormal disruption of market.
Section 401.975 - Legislative findings.