ORS 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)

Intentionally left blank —Ed.

(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 (Declaration of state of emergency) 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.
401.165 (Declaration of state of emergency). (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)

Intentionally left blank —Ed.

(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.

Source: Section 401.165 — Declaration of state of emergency; procedures, https://www.­oregonlegislature.­gov/bills_laws/ors/ors401.­html.

Notes of Decisions

State of emergency declared under this section is not limited to specific number of days; when read with ORS 401.204, state of emergency continues until terminated by Legislative Assembly or terminated by Governor when emergency no longer exists or threat of emergency has passed. Elkhorn Baptist Church v. Brown, 366 Or 506, 466 P3d 30 (2020)

401.025
Definitions for ORS chapter 401 401.032
Statement of policy and purpose 401.035
Responsibility for emergency services systems 401.052
Responsibilities of Oregon Department of Emergency Management 401.054
Liaisons with Oregon Department of Emergency Management 401.062
Oregon Department of Emergency Management 401.072
Appointment of deputy director 401.076
Rules 401.082
Advisory and technical committees 401.088
Interagency agreements 401.092
Duties of director 401.094
System for notification of emergencies 401.096
Federal grants for emergency management and services 401.109
Oregon Homeland Security Council 401.114
Emergency preparedness functions 401.165
Declaration of state of emergency 401.168
Governor’s powers during state of emergency 401.175
Additional powers during emergency 401.178
Removal of disaster debris or wreckage 401.185
Providing temporary housing during emergency 401.186
Waiver of waiting period for unemployment benefits 401.188
Management of resources during emergency 401.192
Effect of rules and orders during emergency 401.198
Seizure of firearms during emergency 401.204
Termination of state of emergency 401.232
Federal financial assistance to political subdivision 401.234
Federal financial assistance to individuals or families 401.236
Rules 401.239
First informers 401.256
Oregon Safety Assessment Program 401.305
Emergency management agency of city, county or tribal government 401.307
Emergency management agency appropriation 401.309
Declaration of state of emergency by city or county 401.315
City or county authorized to incur obligations for emergency services 401.335
Temporary housing for disaster victims 401.341
Building inspections by private qualified professionals 401.358
Definitions for ORS 401.358 to 401.368 401.362
Application 401.364
Coverage under Oregon Tort Claims Act 401.368
Workers’ compensation benefits 401.378
Leaves of absence for certified disaster relief volunteers 401.505
Acceptance of aid for emergency services 401.525
Use of moneys and property for emergency services authorized 401.532
Oregon Pre-Disaster Mitigation Fund 401.534
Oregon Disaster Response Fund 401.536
Oregon Local Disaster Assistance Loan and Grant Account 401.551
Emergency preparedness equipment grant program 401.552
Resiliency Grant Fund 401.651
Definitions for ORS 401.651 to 401.670 401.654
Registry of emergency health care providers 401.655
Practice by out-of-state health care provider during emergency 401.656
Provision of health care services by members of Oregon National Guard during emergency 401.657
Emergency health care facility 401.658
Provision of health care services by former health care provider during emergency 401.661
Provision of health care services after declaration of emergency 401.664
Emergency operations plan 401.667
Coverage under Oregon Tort Claims Act 401.670
Rules 401.680
Legislative findings 401.685
Definitions 401.690
Exemption from certain taxes, registration and licensing requirements 401.695
Reporting by registered business to Oregon Department of Administrative Services 401.851
Wildfire planning and coordination 401.900
State and local agency earthquake drills 401.902
Private employer earthquake drills 401.904
Rules 401.910
Grant program for seismic rehabilitation of certain facilities 401.913
State Resilience Officer 401.915
Seismic Safety Policy Advisory Commission 401.918
Mission of commission 401.920
Officers 401.922
Support services 401.925
Advisory and technical committees 401.930
Assignment by Governor of local resources under direction of State Fire Marshal 401.932
Powers and duties of local personnel acting under direction of State Fire Marshal 401.935
Liability for expenses incurred and for loss or damage to local equipment 401.938
Liability for expenses incurred using local personnel 401.940
Immunity from liability for local personnel acting in line of duty 401.950
Definitions 401.952
Uniform tsunami warning signal 401.955
Contributions to finance tsunami warning system 401.960
Definitions for ORS 401.960, 401.962, 401.965 and 401.970 401.962
Legislative findings 401.965
Abnormal disruption of market 401.970
Applicability of remedies 401.975
Legislative findings 401.977
Animal emergency operations plan 401.978
Livestock emergency operations plan 401.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 401.165’s source at oregon​.gov