ORS 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 (Declaration of state of emergency), 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]
Note: The amendments to 401.175 (Additional powers during emergency) by section 2, chapter 3, Oregon Laws 2021, become operative on the date on which the declaration of a state of emergency related to COVID-19 issued by the Governor on March 8, 2020, and any extension of the declaration of emergency, is no longer in effect. See section 3, chapter 3, Oregon Laws 2021. The text that is operative until the date on which the declaration of a state of emergency related to COVID-19 issued by the Governor on March 8, 2020, and any extension of the declaration of emergency, is no longer in effect, including amendments by sections 1 and 2, chapter 2, Oregon Laws 2020 (second special session), and section 1, chapter 3, Oregon Laws 2021, is set forth for the user’s convenience.
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 (Declaration of state of emergency), 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.

(6)

Authorize the Director of the Department of Revenue to disclose and give access to information described in ORS 314.835 (Divulging particulars of returns and reports prohibited) to the Director of the Employment Department if the Director of the Department of Revenue determines that the administration of any federal or state law or program requires the disclosure of the information to enable the Employment Department to verify the identity or income level of any person for purposes related to the emergency or any consequences of the emergency. The information that may be disclosed under this subsection shall be limited to information that is necessary to verify a person’s identity or income level. The Director of the Employment Department shall maintain the confidentiality of the information during and after the state of emergency.
Note: Section 4, chapter 3, Oregon Laws 2021, provides:
Sec. 4. Notwithstanding the operative date set forth in section 3 of this 2021 Act, authority granted under ORS 401.175 (Additional powers during emergency) (6) to the Director of the Department of Revenue before the operative date set forth in section 3 of this 2021 Act to disclose and give access to information shall continue until the earliest of:

(1)

The date that is 90 days following the latest date of expiration of any temporary federal program that is related to COVID-19 and administered by the Employment Department to provide unemployment benefits based on self-employment or similar earnings for which information may be disclosed to the Director of the Employment Department under ORS 401.175 (Additional powers during emergency) (6);

(2)

December 31, 2022; or

(3)

The date on which the Governor revokes the grant of authority. [2021 c.3 §4]

Source: Section 401.175 — Additional powers during emergency, https://www.­oregonlegislature.­gov/bills_laws/ors/ors401.­html.

Attorney General Opinions

Governor’s emergency powers, (1974) Vol 36, p 831; power to force evacuation of emergency area, (1996) Vol 48, p 27

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

§ 401.175’s source at oregon​.gov