Title 32, Military Affairs; Emergency Services

It is the policy of the State of Oregon to: (1) Encourage and support the development of public safety networks and an emergency communications system and the rapid deployment of broadband or other communications services in areas of the state in which the services do not exist; …

As used in ORS 305.823 and 403.105 to 403.250, unless the context requires otherwise: (1) “Account” means the Emergency Communications Account. (2) “Automatic location identification” means a component or capability of the emergency communications system that provides automatic d…

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]

(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 …

(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. (2) Every publi…

(1) The Oregon Department of Emergency Management shall: (a) Except as otherwise provided by law, adopt rules relating to the emergency communications system, as deemed necessary by the department. (b) Plan, implement, administer, operate and maintain the emergency communications…

(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 sh…

(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: (a) Used to place an emergency call requesting emergenc…

(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. (2) Automatic number identifications rec…

(1) As used in this section, “workplace”: (a) Includes hallways, lobbies, conference rooms, rest rooms, break rooms, elevators, laboratories, warehouse space and other areas of a building in which employees or volunteers perform work or that are accessible on a regular basis by e…

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 co…

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]

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: (1) Recovery procedures for service that is interrupted, preventing transmission …

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]

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 age…

(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 o…

(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 t…

(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. (2) An entity formed under subsection (…

(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: (a) An emergency communications tax equal to $1.25 per month or, for pr…

(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 selle…

The tax imposed by ORS 403.200: (1) Does not apply to: (a) Services that the state is prohibited from taxing under the Constitution or laws of the United States or the Constitution or laws of the State of Oregon. (b) Interconnection between telecommunications utilities and compet…

(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. (2) A local government may not impose a tax, fee or surcharge on telecommunic…

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 …

(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 th…

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…

(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 day…

(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. (2) If the provid…

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…

(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 …

(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…

(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: (a) Administrative costs incurred during the preceding calendar q…

(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 memb…

(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. (2) If a primary public safety answering point does not meet the minimum standards established under subsect…

As used in ORS 403.300 to 403.380, unless the context requires otherwise: (1) “District” means a 9-1-1 communications district formed under ORS 403.300 to 403.380. (2) “District board” or “board” means the governing body of a district. (3) “9-1-1 jurisdiction” has the meaning giv…

(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. (2) A 9-1-1 communications district consists of the telephone exchange service areas located wholly or partly within a designated 9-1-1 jurisdiction’s service area tha…

(1) The officers of the district shall be a board of five or seven members elected by the electors of the district. (2) Any elector residing within the district is qualified to serve as a district board member. [Formerly 401.822]

(1) ORS chapter 255 governs the following: (a) The nomination and election of district board members. (b) The conduct of district elections. (2) The electors of a district may exercise the powers of the initiative and referendum regarding a district measure, in accordance with OR…

(1) The district board is the governing body of the district and shall exercise all powers thereof. (2) At its first meeting or as soon thereafter as may be practicable, the board shall choose one of its members as president. [Formerly 401.827]

(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. (2) When the petition for format…

(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 secretar…

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: (1) If the board is reduced to five members, at least two members must be elected at each regular district election. (2) If t…

(1) The district board members may be elected in one of the following methods: (a) Elected by the electors of the district from zones as nearly equal in population as possible according to the latest federal census. Each elector of the district is entitled to vote for candidates …

At the regular district election, successors to the board members whose terms expire must be elected as follows: (1) In an unzoned district, if two board members are to be elected, the candidates receiving the first and second highest vote are elected. If three or four board memb…

(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: (a) May order the election on its own resolution; or (b) Shall order the election if a petition is filed as provided…

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 elec…

A 9-1-1 communications district has the power: (1) To have and use a common seal. (2) To sue and be sued in its name. (3) To make and accept any and all contracts, deeds, leases, releases and documents of any kind which, in the judgment of the board, are necessary or proper to th…

(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 an…

(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 …

(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. …

(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 …