Chapter 176 — Chapter 176

ORS 176.010 Commencement of term; inauguration. The official term of the Governor shall commence upon the publication of the returns by the Speaker of the House of Representatives, as provided in section 4, Article V, Oregon Constitution; or in case of an election of the Governor by the Legislative Assembly, as provided in section 5, Article V, Oregon Constitution, the official term of the Governor shall commence immediately upon such election; and the Governor shall be inaugurated by taking the oath of office

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ORS 176.020 Cessation of term. The term of office of the Governor ceases when the successor of the Governor, having been declared elected by the Legislative Assembly as provided in the Constitution, is inaugurated by taking the oath of office

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ORS 176.030 [Renumbered 176.510]

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ORS 176.040 [1959 c.672 §1; 1969 c.391 §13; repealed by 2009 c.77 §6]

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ORS 176.050 [1959 c.672 §2; 2005 c.22 §123; 2007 c.70 §40; repealed by 2009 c.77 §6]

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ORS 176.110 Actions of Governor-elect; budget; tax expenditure report; expenses. (1) The person elected to the office of Governor may take any action prior to the date the official term of office commences that is necessary to enable the Governor to exercise on such date the powers and duties of the office of Governor

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ORS 176.200 Governor’s Office Operating Fund. (1) The Governor’s Office Operating Fund is established in the State Treasury, separate and distinct from the General Fund. Moneys in the Governor’s Office Operating Fund are continuously appropriated to the Office of the Governor for the operating expenses of the Office of the Governor. The fund shall consist of moneys appropriated or transferred to the fund and moneys received under subsection (2) of this section

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ORS 176.250 Service of subpoena upon Governor. Notwithstanding any provision of the Oregon Rules of Civil Procedure or other laws of this state, service of subpoena upon the Governor shall be made by delivering a copy to the legal counsel to the Governor or, in the legal counsel’s absence, an assistant to the Governor. [1983 c.82 §3]

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ORS 176.260 Medal of Honor. (1) The Law Enforcement Medal of Honor is established. Upon nomination by the Governor’s Commission on the Law Enforcement Medal of Honor established under ORS 176.262, the Governor or the Governor’s designee may award the medal in the name of the state to a law enforcement officer who has been distinguished by exceptionally honorable and meritorious conduct. The medal may be awarded posthumously to a representative of the deceased law enforcement officer

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ORS 176.262 Governor’s Commission on the Law Enforcement Medal of Honor; rules. (1) The Governor’s Commission on the Law Enforcement Medal of Honor is established consisting of seven members appointed by the Governor as follows

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ORS 176.264 Law Enforcement Medal of Honor Account. The Law Enforcement Medal of Honor Account is established separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. The account consists of moneys deposited in the account under ORS 176.262. Moneys in the account are continuously appropriated to the Governor for the purpose of paying costs incurred in purchasing and awarding the Law Enforcement Medal of Honor under ORS 176.260 and the Law Enforcement Medal of Ultimate Sacrifice under ORS 176.267. [2005 c.284 §3; 2011 c.434 §4]

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ORS 176.267 Medal of Ultimate Sacrifice. (1) The Law Enforcement Medal of Ultimate Sacrifice is established. Upon nomination by the Governor’s Commission on the Law Enforcement Medal of Honor established under ORS 176.262, the Governor or the Governor’s designee may award the medal in the name of the state to the family of a law enforcement officer who has died while performing his or her duties as a law enforcement officer or who was killed because of his or her employment as a law enforcement officer

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ORS 176.268 Oregon Gifts of Life Award. (1) As used in this section

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ORS 176.300 Temporary transfer of power. The Governor may at any time declare that the Governor expects to be temporarily disabled for a period of time and will not be able to discharge the duties of the office during that period of time. The Governor shall indicate the date and time that the period of disability will commence, and an estimate of the length of time during which the Governor will be disabled. Upon the date and time specified by the Governor, the person charged with assuming the duties of the office under Article V, section 8a of the Oregon Constitution, shall commence serving as Acting Governor. Upon the Governor declaring that the period of disability has ended, the Acting Governor shall immediately cease to perform those duties and the Governor shall resume performance of the duties of the office of Governor. [2009 c.77 §1]

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ORS 176.303 Disability evaluation panel. (1) A disability evaluation panel consists of the following five members

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ORS 176.306 Convocation of disability evaluation panel. (1) A convocation of the disability evaluation panel shall be convoked if requested by at least two of the following persons

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ORS 176.309 Disability evaluation panel procedures. (1) As soon as possible after a disability evaluation panel is convoked, the panel shall meet and examine whether the Governor is unable to discharge the duties of the office by reason of a physical or mental disability. The members of the panel who are physicians, or other physicians appointed by the panel, shall conduct a medical examination of the Governor if possible

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ORS 176.312 Finding of disability; finding that disability has ceased. (1) A disability evaluation panel shall find that the Governor is unable to discharge the duties of the office if four or more members of the panel vote in the affirmative for that finding

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ORS 176.350 Racial Justice Council; membership; policy committees; terms of office. (1) The Racial Justice Council is created within the Office of the Governor

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ORS 176.353 Duties of Racial Justice Council. (1) The Racial Justice Council shall provide advice and recommendations to the Governor relating to racial justice, which may include

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ORS 176.510 [Formerly 176.030; repealed by 1983 c.82 §4]

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ORS 176.610 [1969 c.597 §2; repealed by 1971 c.301 §26 and by 1971 c.319 §11 and by 1971 c.401 §120]

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ORS 176.620 [1969 c.597 §3; repealed by 1971 c.319 §11]

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ORS 176.630 [1969 c.597 §4; 1971 c.319 §4; renumbered 184.765]

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ORS 176.650 [1971 c.686 §1; repealed by 1973 c.1 §1]

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ORS 176.660 [1971 c.686 §10; repealed by 1973 c.1 §1]

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ORS 176.670 [1971 c.686 §8; repealed by 1973 c.1 §1]

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ORS 176.680 [1971 c.686 §2; repealed by 1973 c.1 §1]

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ORS 176.690 [1971 c.686 §3; repealed by 1973 c.1 §1]

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ORS 176.700 [1971 c.686 §4; repealed by 1973 c.1 §1]

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ORS 176.710 [1971 c.686 §5; repealed by 1973 c.1 §1]

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ORS 176.720 [1971 c.686 §6; repealed by 1973 c.1 §1]

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ORS 176.730 [1971 c.686 §7; repealed by 1973 c.1 §1]

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ORS 176.740 Governor’s proclamation; presumption for missing person; report of death. (1) The Governor may proclaim that a natural disaster or an act of war, terrorism or sabotage has caused the death of unknown persons on a specific date at a specific place

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ORS 176.750 “Energy resources” defined. As used in ORS 176.750 to 176.815, unless the context requires otherwise, “energy resources” includes electricity, natural gas, petroleum, coal, wood fuels, geothermal sources, radioactive materials and any other resource yielding energy. [1974 c.5 §2]

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ORS 176.755 Policy. (1) The Legislative Assembly finds that the lack of energy resources and other energy resource emergencies may threaten the availability of essential services and transportation, and the operation of the economy, jeopardizing the peace, health, safety and welfare of the people of Oregon

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ORS 176.760 Information to be available to Governor. (1) On a continuing basis the Governor may obtain all necessary information from energy resource producers, suppliers and consumers, doing business within Oregon, and from political subdivisions in this state, as necessary for the Governor to determine whether shortages or an emergency will require energy resource conservation measures. Such information may include, but is not limited to

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ORS 176.765 Confidentiality of information; use; liability. (1) Notwithstanding any other law, information furnished under ORS 176.760 and designated by that person as confidential, shall be maintained as confidential by the Governor and any person who obtains information which the person knows to be confidential under ORS 176.750 to 176.815. The Governor shall not make known in any manner any particulars of such information to persons other than those specified in subsection (4) of this section. No subpoena or judicial order may be issued compelling the Governor or any other person to divulge or make known such confidential information, except when relevant to a prosecution for violation of subsection (5) of this section

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ORS 176.770 Curtailment priorities. In consultation with appropriate federal, state officials and officials of political subdivisions in this state the Governor, unless otherwise provided by law, shall cause to be established, and revised as appropriate, standby priorities for curtailment in the use of energy resources. However, involuntary curtailments may be ordered only by means of executive orders issued under ORS 176.750 to 176.815. [1974 c.5 §5]

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ORS 176.775 Content of Governor’s proclamation of lack of energy resource or resource emergency. Whenever the Governor declares by proclamation that lack of an energy resource or any energy resource emergency threatens or is likely to threaten the availability of essential services, transportation or the operation of the economy, the Governor shall state the nature of the energy resource shortage or emergency. [1974 c.5 §6]

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ORS 176.780 Action authorized by proclamation under ORS 176.775. Whenever the Governor has issued a proclamation under ORS 176.775, the Governor may by executive order direct actions

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ORS 176.785 Proclamation of state of emergency. Whenever the Governor determines that an existing or imminent severe disruption in the supply of one or more energy resources, in Oregon or elsewhere, threatens the availability of essential services, transportation or the operation of the economy, jeopardizing the peace, health, safety and welfare of the people of Oregon, after consultation with the President and majority and minority leaders of the Senate and the Speaker and majority and minority leaders of the House of Representatives, the Governor may by proclamation declare that a state of emergency exists with regard to such resources. In the proclamation, the Governor shall recite with specificity the nature of the severe disruption in the supply of one or more energy resources. [1974 c.5 §8]

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ORS 176.790 Duration of emergency under proclamation; renewal or extension of proclamation. (1) A proclamation of emergency and all orders and rules issued as a result of the proclamation under ORS 176.750 to 176.815 shall continue in effect for 30 days unless the Governor rescinds it and declares the emergency ended before the expiration of the 30-day period

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ORS 176.795 Actions authorized by proclamation under ORS 176.785. (1) During any emergency proclaimed under ORS 176.785, the Governor by executive order may order involuntary curtailments, adjustments or allocations in the supply and consumption of energy resources applicable to all suppliers and consumers. However, the Governor may not order such curtailments, adjustments or allocations which discriminate within any class of consumers. It is the intent of the Legislative Assembly that any such curtailments, adjustments and allocations be ordered and continue only so long as demonstrably necessary for the maintenance of essential services or transportation, or the continued operation of the economy; and that all such curtailments, adjustments and allocations be applied as uniformly as practicable within each class of suppliers and consumers

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ORS 176.800 Construction of ORS 176.750 to 176.815. (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

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ORS 176.805 Status of proclamation, order or directive as rule; judicial review. (1) Any proclamation, executive order or directive issued pursuant to ORS 176.750 to 176.815 shall be deemed to be a rule subject to ORS chapter 183, except that jurisdiction for judicial determination of the validity thereof pursuant to ORS 183.400 is conferred upon the Court of Appeals

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ORS 176.809 Governor’s energy emergency contingency plan. (1) The Governor, in consultation with the State Department of Energy and the Oregon Business Development Department, shall compile existing data and prepare an extensive statewide contingency plan to maintain emergency services, continue productivity and reduce hardship during an energy emergency

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ORS 176.810 [1974 c.59 §2; 1975 c.606 §14; renumbered 176.820]

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ORS 176.815 Cooperation with local governments. (1) The Governor shall solicit suggestions and recommendations from local governments in preparing the statewide contingency plan under ORS 176.809

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ORS 176.820 State Department of Energy Account. There is continuously appropriated from the Motor Vehicle Division Account to the State Department of Energy, for deposit in the State Department of Energy Account, sufficient moneys for the payment of expenses incurred under chapter 606, Oregon Laws 1975, subject to limitations on payment of expenses as approved under legislative authority. [Formerly 176.810; 2003 c.186 §9]

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