Chapter 403 — Chapter 403

ORS 403.100 Policy; development of public safety networks and emergency communications system. It is the policy of the State of Oregon to

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ORS 403.105 Definitions for ORS 305.823 and 403.105 to 403.250. As used in ORS 305.823 and 403.105 to 403.250, unless the context requires otherwise

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ORS 403.107 Authority to adjust definition; rules. The Department of Revenue may by rule adjust the definition of “interconnected Voice over Internet Protocol service” given in ORS 403.105 to conform to subsequent amendments to 47 C.F.R. 9.3. [2015 c.247 §5]

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ORS 403.110 Liability. (1) A provider, a 9-1-1 jurisdiction, a 9-8-8 coordinated crisis services system or the employees or agents of a provider, a 9-1-1 jurisdiction or a 9-8-8 coordinated crisis services system may be held civilly liable for the installation, performance, provision or maintenance of a 9-1-1 emergency reporting system, enhanced 9-1-1 telephone service or a 9-8-8 telephone service if the provider, the 9-1-1 jurisdiction, the 9-8-8 coordinated crisis services system or the employees or agents of the provider, the 9-1-1 jurisdiction or 9-8-8 coordinated crisis services system act with willful or wanton conduct

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ORS 403.115 9-1-1 as primary emergency number; participation in emergency communications system; telephone book emergency listings; requirements. (1) The primary emergency telephone number within this state is 9-1-1, but a public or private safety agency shall maintain both a separate 10-digit secondary emergency number for use by a telephone operator or provider and a separate 10-digit nonemergency number

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ORS 403.120 Oregon Department of Emergency Management duties and powers; rules. (1) The Oregon Department of Emergency Management shall

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ORS 403.130 9-1-1 jurisdiction plan; requirements; review; revised plans. (1) A 9-1-1 jurisdiction shall create and maintain a 9-1-1 jurisdiction plan for emergency communications services provided within a 9-1-1 service area pursuant to ORS 403.105 to 403.250 and rules adopted by the Oregon Department of Emergency Management. The 9-1-1 jurisdiction shall submit the 9-1-1 jurisdiction plan to

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ORS 403.132 Provision of location of cellular device to law enforcement agency; rules. (1) At the request of a law enforcement agency, a provider of communications service for cellular devices shall provide the call location information, or the best available location information, of a cellular device that is

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ORS 403.135 When blocking of information prohibited; confidential information; exemption from liability for supplying information to emergency service providers; when supplying information not required. (1) A provider may not block delivery or forwarding to a public safety answering point or a 9-8-8 coordinated crisis services system of location information, a call-back number or other identifying information related to an emergency call

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ORS 403.137 Operation of multiline telephone system. (1) As used in this section, “workplace”

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ORS 403.140 Pay phones to be converted to allow emergency calls without charge. A person that provides telephone service through a coin or credit card operated pay station telephone in an area served by the emergency communications system shall convert every coin or credit pay station telephone to permit calling 9-1-1 and “O”-operator without depositing a coin or charging the caller. [Formerly 401.770; 2015 c.247 §13]

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ORS 403.145 Use of emergency communications system by users with hearing or speech impairments. All public safety answering points must be capable of receiving emergency calls through a TTY or other device capable of receiving an emergency call from individuals with hearing or speech impairments. [Formerly 401.773; 2015 c.247 §14]

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ORS 403.150 Disaster recovery plan. A 9-1-1 jurisdiction must have a disaster recovery plan for the components of the emergency communications system within the 9-1-1 service area. The disaster recovery plan must include at a minimum

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ORS 403.155 Agreements among certain safety agencies for rendering emergency services. Public or private safety agencies may enter into agreements requiring that an emergency unit dispatched by a public safety answering point must render emergency services without regard to jurisdictional boundaries. [Formerly 401.780; 2015 c.247 §16]

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ORS 403.156 Response times during emergency. A governing body may not enforce contractual provisions that have the effect of punishing or penalizing a public or private safety agency for failure to meet mandatory response times during a declared state of emergency in which the public or private safety agency has allowed agency resources to respond and provide emergency services outside the normal service area of the agency. [2009 c.332 §2]

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ORS 403.160 Mediation of disputes; arbitration; costs and fees. (1) All disputes between a governing body, 9-1-1 jurisdiction and public or private safety agency regarding the emergency communications system must be mediated if the dispute cannot be resolved in accordance with a written agreement. When a governing body or 9-1-1 jurisdiction obtains knowledge that a dispute exists and cannot be resolved by the agencies, the governing body or the 9-1-1 jurisdiction shall notify the Oregon Department of Emergency Management of the dispute in writing. Within 30 days after this notification, the disputing agencies shall mutually select a mediator and notify the department in writing of this selection. If a mediator is not mutually selected by the agencies within this period, the Director of the Oregon Department of Emergency Management shall select a mediator from the list of mediators established under subsection (3) of this section. Once selected, the mediator shall establish a schedule for the mediation process. The disputing agencies shall resolve the dispute within 60 days after the date the mediator is agreed upon or selected unless the agencies mutually agree in writing to an extension of this deadline. A copy of all extensions must be submitted to the department

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ORS 403.165 Department to ensure compliance; proceedings authorized. (1) The Oregon Department of Emergency Management may institute proceedings against a public or private safety agency, a 9-1-1 jurisdiction or other person to compel compliance with or to restrain further violation of ORS 305.823 and 403.105 to 403.250 or rules adopted pursuant to ORS 403.120

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ORS 403.170 Agreement with Confederated Tribes of Warm Springs Reservation of Oregon. (1) The Oregon Department of Emergency Management may enter into an agreement with the Confederated Tribes of the Warm Springs Reservation of Oregon for the purpose of forming an entity to participate in the emergency communications system

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ORS 403.200 Imposition of tax; rate. (1) There is imposed on each consumer or paying retail subscriber who has telecommunications service or interconnected Voice over Internet Protocol service, with access to the emergency communications system

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ORS 403.202 Compensation of sellers of prepaid wireless telecommunications service. (1) For the purpose of compensating sellers for expenses incurred in collecting the tax imposed under ORS 403.200, each seller is permitted to deduct and retain two percent of the amount of taxes that are collected by the seller from all retail transactions conducted by the seller in this state

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ORS 403.205 The tax imposed by ORS 403.200

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ORS 403.207 Annual report; local government charges for 9-8-8 services. (1) The Oregon Health Authority shall provide an annual report on the revenue generated by the tax imposed under ORS 403.200 (1)(b) to the Legislative Assembly and the Federal Communications Commission

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ORS 403.210 Duties of providers and sellers. Every provider or seller responsible for the collection of the tax imposed by ORS 403.200 to 403.230 shall keep records, render statements, make returns and comply with rules adopted by the Department of Revenue with respect to the tax. Whenever in the judgment of the department it is necessary, the department may require the provider, seller, consumer or subscriber, by notice served upon that person by first-class mail, to make returns, render statements or keep records sufficient to show whether there is tax liability under ORS 403.200 to 403.230. [Formerly 401.796; 2014 c.59 §4]

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ORS 403.215 Returns; payment of tax; election; rules. (1) The provider or seller is responsible for collecting the tax under ORS 403.200 and shall file a return with the Department of Revenue on or before the last day of the month following the end of each calendar quarter, reporting the amount of tax due during the quarter, with the tax due under ORS 403.200 (1)(a) and (b) stated separately. The department shall prescribe the form of the return required by this section and ORS 403.210. The rules of the department must require that returns be made under penalties for false swearing

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ORS 403.217 Duties of consumers. Any consumer subject to the tax imposed under ORS 403.200 and from whom the tax has not been collected shall, on or before the 20th day of the month following the close of the calendar year in which the tax is due, file with the Department of Revenue a report of the amount of tax due from the consumer in the preceding tax year in the detail and form as prescribed by the department, submitting with the report the amount of tax due. [2014 c.59 §12]

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ORS 403.220 Refunds. (1) If the amount paid by the provider or seller to the Department of Revenue under ORS 403.215 exceeds the amount of tax payable, the department shall refund the amount of the excess with interest thereon at the rate established under ORS 305.220 during a period beginning 45 days after the later of the due date of the return to which the excess relates or the date the excess was paid, and ending on the date the refund is paid. The department may not make a refund to a provider or seller who fails to claim the refund within two years after the due date for filing of the return with respect to which the claim for refund relates

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ORS 403.225 Amounts collected held in trust; enforcement. (1) Every provider or seller required to collect the tax imposed by ORS 403.200 to 403.230 is deemed to hold the same in trust for the State of Oregon and for the payment thereof to the Department of Revenue in the manner and at the time provided by ORS 403.215

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ORS 403.228 Rules. The Department of Revenue shall establish by rule policies and procedures for the administration of the provisions of ORS 403.200 to 403.230, including policies and procedures for the collection of the tax imposed under ORS 403.200 by providers required to collect the tax imposed on interconnected Voice over Internet Protocol service. [2014 c.59 §13]

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ORS 403.230 Application of other laws. (1) Unless the context requires otherwise, the provisions of ORS chapters 305, 314 and 316 as to the audit and examination of reports and returns, determination of deficiencies, assessments, claims for refunds, penalties, interest, jeopardy assessments, warrants, conferences and appeals to the Oregon Tax Court, and procedures relating thereto, apply to ORS 403.200 to 403.230 the same as if the tax were a tax imposed upon or measured by net income. The provisions apply to the consumer or subscriber liable for the tax and to the provider or seller required to collect the tax. As to any amount collected and required to be remitted to the Department of Revenue, the tax is considered a tax upon the provider or seller required to collect the tax and that provider or seller is considered a taxpayer

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ORS 403.235 Emergency Communications Account; suspense account. (1) The Emergency Communications Account is established in the State Treasury, separate and distinct from the General Fund. All moneys received by the Department of Revenue pursuant to ORS 403.200 to 403.230 and interest thereon must be paid to the State Treasurer to be held in a suspense account established under ORS 293.445

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ORS 403.240 Distribution of account proceeds; uses; reimbursement request review; reports. (1) The Oregon Department of Emergency Management shall distribute quarterly the entire amount of the moneys in the Emergency Communications Account. The department shall pay the following amounts from the account

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ORS 403.245 Limitation on use of moneys; investment of moneys. (1) Except as provided in subsection (2) of this section, moneys received under ORS 403.240 (8) may be used only to pay for planning, installation, maintenance, operation and improvement of the emergency communications system as it relates to getting an emergency call from a member of the public to the primary public safety answering point and in transmitting the information from the primary public safety answering point to the secondary public safety answering point or responding police, fire, medical or other emergency unit by telephone, radio or computerized means

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ORS 403.250 Primary public safety answering points; rules. (1) The Director of the Oregon Department of Emergency Management shall establish by administrative rule the minimum standards for a primary public safety answering point

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ORS 403.300 Definitions for ORS 403.300 to 403.380. As used in ORS 403.300 to 403.380, unless the context requires otherwise

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ORS 403.305 Formation of emergency communications district; boundaries; approval of formation by safety agencies. (1) A 9-1-1 communications district may be created as provided in ORS 198.705 to 198.955 and 403.300 to 403.380

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ORS 403.310 Officers of district; qualifications. (1) The officers of the district shall be a board of five or seven members elected by the electors of the district

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ORS 403.315 Application of ORS chapter 255 to district. (1) ORS chapter 255 governs the following

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ORS 403.320 Board as governing body of district; president of board. (1) The district board is the governing body of the district and shall exercise all powers thereof

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ORS 403.325 Election of board members at formation election; terms of office. (1) Five or seven district board members, determined by the number of board members set forth in the petition for formation, must be elected at the election for district formation. Nominating petitions must be filed with the county governing body

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ORS 403.330 Changing number of board members; election; notice to Secretary of State. (1) The question of increasing or decreasing the membership of the district board must be determined at a regular district election. The district board, by resolution, may order the question to be submitted to the electors of the district. If a petition is filed with the secretary of the board requesting that the electors of the district be permitted to vote on the question, the district board shall order the question to be submitted to the electors. The requirements for preparing, circulating and filing the petition are as provided for an initiative petition in ORS 255.135 to 255.205. The board is increased to seven members or decreased to five members if a majority of the votes cast on the question favors the increase or decrease. At an election to increase the membership, electors shall vote for candidates to fill the additional positions

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ORS 403.335 Continuing schedule of biennial elections after change in number of board members. When a district expands the membership of its district board from five to seven members or reduces the membership of its board from seven to five members

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ORS 403.340 Manner of electing board members. (1) The district board members may be elected in one of the following methods

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ORS 403.345 Election of board members. At the regular district election, successors to the board members whose terms expire must be elected as follows

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ORS 403.350 Changing manner of electing board members; requirements; election. (1) The question of whether to change the method adopted by the district for nominating and electing board members must be decided by election. The district board

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ORS 403.355 Changing number and manner of electing board members at same election; separate questions. A question of changing the method of nominating and electing district board members under ORS 403.350 and a question of increasing or decreasing the number of district board members under ORS 403.330 may be submitted to the electors of a district at the same regular district election. However, the questions must be submitted to the electors as separate questions. [Formerly 401.841]

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ORS 403.360 General district powers. A 9-1-1 communications district has the power

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ORS 403.365 Authority to issue general obligation bonds; elector approval required; bond debt limit. (1) For the purpose of carrying into effect the powers granted by ORS 403.300 to 403.380, as well as refunding outstanding obligations, a 9-1-1 communications district, when authorized by a majority of the votes cast at an election by electors of the district, may borrow money and sell and dispose of general obligation bonds

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ORS 403.370 Levy of taxes. (1) Each year the district board shall determine and fix the amount of money to be levied and raised by taxation, for the purposes of the district. The total amount of taxes levied in each year under this section may not exceed one-tenth of one percent (0.001) of the real market value of all taxable property within the district computed in accordance with ORS 308.207

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ORS 403.375 Boundaries of zones. (1) The board shall adjust zones established within a district as necessary to make them as nearly equal in population as is feasible according to the latest federal census. The board also shall adjust boundaries of zones as necessary to reflect boundary changes of the district

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ORS 403.380 Advisory committee; duties and powers; appointment by district board; terms and qualifications of members. (1) A district board shall appoint an advisory committee to advise and assist the board in carrying out the purposes of ORS 403.300 to 403.380. An advisory committee consists of one representative from each public or private safety agency included within the district. Members of the advisory committee must reside within the district

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