Chapter 401 — Chapter 401
327 sections in this chapter.
ORS 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
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(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, assis…
ORS 401.123 Support for community organizations active in disaster. (1) As used in this section, “community organization active in disaster” means a cooperative organization comprising representatives of nonprofit, governmental, business and faith-based entities that works within a local community to prepare for, build resilience against and recover from emergencies by performing functions including any of the following
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(a) Providing local coordination of federal or state support; (b) Serving as a primary local disaster recovery organization; (c) Assessing local needs following disaster and determining locally informed plans for action; (d) Facilitating communication with local communities, incl…
ORS 401.125 [Formerly 401.630; renumbered 401.232 in 2009]
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[Repealed or reserved.]
ORS 401.130 [Repealed by 1983 c.586 §49]
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[Repealed or reserved.]
ORS 401.135 [Formerly 401.640; 1997 c.14 §1; renumbered 401.234 in 2009]
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[Repealed or reserved.]
ORS 401.140 [Repealed by 1983 c.586 §49]
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[Repealed or reserved.]
ORS 401.145 [Formerly 401.650; renumbered 401.178 in 2009]
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[Repealed or reserved.]
ORS 401.150 [Repealed by 1983 c.586 §49]
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[Repealed or reserved.]
ORS 401.155 [Formerly 401.660; 2009 c.718 §43; renumbered 401.236 in 2009]
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[Repealed or reserved.]
ORS 401.160 [Amended by 1953 c.6 §4; 1955 c.451 §1; repealed by 1983 c.586 §49]
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(Declaration of State of Emergency)
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
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(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. Request…
ORS 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
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(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…
ORS 401.170 [Amended by 1963 c.179 §1; 1971 c.766 §1; repealed by 1983 c.586 §49]
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[Repealed or reserved.]
ORS 401.175 Additional powers during emergency. During the existence of an emergency, the Governor may
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(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 …
ORS 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
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(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 accep…
ORS 401.180 [Repealed by 1983 c.586 §49]
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[Repealed or reserved.]
ORS 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
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(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 re…
ORS 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]
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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 …
ORS 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
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(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…
ORS 401.190 [Amended by 1963 c.528 §5; repealed by 1983 c.586 §49]
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[Repealed or reserved.]
ORS 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
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(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 …
ORS 401.195 [1981 c.763 §2; repealed by 1983 c.586 §49]
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[Repealed or reserved.]
ORS 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
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(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…
ORS 401.200 [1981 c.763 §3; 1983 c.586 §27; renumbered 401.355]
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[Repealed or reserved.]
ORS 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
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(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]
ORS 401.205 [1981 c.763 §4; 1983 c.586 §28; renumbered 401.365]
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[Repealed or reserved.]
ORS 401.210 [Formerly 401.820; 1983 c.586 §29; renumbered 401.375]
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[Repealed or reserved.]
ORS 401.215 [Formerly 401.830; 1983 c.586 §30; renumbered 401.385]
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[Repealed or reserved.]
ORS 401.220 [1981 c.763 §5; 1983 c.586 §31; renumbered 401.395]
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[Repealed or reserved.]
ORS 401.225 [1981 c.763 §6; 1983 c.586 §32; renumbered 401.405]
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[Repealed or reserved.]
ORS 401.230 [1981 c.763 §7; 1983 c.586 §33; renumbered 401.415]
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(Declaration of Major Disaster)
ORS 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
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(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 behal…
ORS 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
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(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 b…
ORS 401.235 [1981 c.763 §8; 1983 c.586 §34; renumbered 401.425]
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(Rules for States of Emergency and Major Disasters)
ORS 401.236 Rules. The Governor is authorized to make rules and regulations necessary to carry out the purposes of ORS 401.165 to 401.236. [Formerly 401.155]
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(Critical Service Providers)
ORS 401.239 Critical service providers; credentialing; rules. (1) As used in this section, “critical service provider” means an individual
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(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 i…
ORS 401.240 [1981 c.763 §9; 1983 c.586 §35; renumbered 401.435]
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[Repealed or reserved.]
ORS 401.245 [1981 c.763 §10; 1983 c.586 §36; renumbered 401.445]
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[Repealed or reserved.]
ORS 401.250 [1981 c.763 §11; 1983 c.586 §37; renumbered 401.455]
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[Repealed or reserved.]
ORS 401.255 [1981 c.763 §12; 1983 c.586 §38; renumbered 401.465]
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(Oregon Safety Assessment Program)
ORS 401.256 Oregon Safety Assessment Program; rules. (1) As used in this section, “emergency” has the meaning given that term in ORS 401.025
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(2) The State Fire Marshal shall develop and administer a statewide program, as described in this section, to evaluate the condition of buildings after an emergency and determine whether the buildings may be safely occupied. The program shall be known as the Oregon Safety Assessm…
ORS 401.257 [2007 c.740 §2; 2009 c.718 §35; renumbered 401.052 in 2009]
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[Repealed or reserved.]
ORS 401.259 [2007 c.740 §8; 2009 c.595 §224; renumbered 401.054 in 2009]
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[Repealed or reserved.]
ORS 401.260 [1983 c.586 §10; 1993 c.187 §4; repealed by 2007 c.740 §42]
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[Repealed or reserved.]
ORS 401.261 [2007 c.740 §3; renumbered 401.062 in 2009]
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[Repealed or reserved.]
ORS 401.263 [2007 c.740 §4; renumbered 401.072 in 2009]
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[Repealed or reserved.]
ORS 401.265 [2007 c.740 §5; renumbered 401.076 in 2009]
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[Repealed or reserved.]
ORS 401.267 [2007 c.740 §6; renumbered 401.082 in 2009]
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[Repealed or reserved.]
ORS 401.269 [2007 c.740 §7; renumbered 401.088 in 2009]
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[Repealed or reserved.]
ORS 401.270 [1983 c.586 §11; 1993 c.187 §5; 2003 c.556 §2; 2005 c.526 §10; 2005 c.813 §3; 2005 c.825 §10; 2007 c.740 §22; 2009 c.718 §42; renumbered 401.092 in 2009]
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[Repealed or reserved.]