Oregon Statutes 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.
Terms Used In Oregon Statutes 401.165
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Emergency: means a human created or natural event or circumstance that causes or threatens widespread loss of life, injury to person or property, human suffering or financial loss, including but not limited to:
(a) Fire, wildfire, explosion, flood, severe weather, landslides or mud slides, drought, earthquake, volcanic activity, tsunamis or other oceanic phenomena, spills or releases of oil or hazardous material as defined in ORS § 466. See Oregon Statutes 401.025
(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. Requests from counties shall be in writing and include the following:
(a) A certification signed by the county governing body that all local resources have been expended; and
(b) A preliminary assessment of property damage or loss, injuries and deaths.
(3)(a) If, in the judgment of the Director of the Oregon Department of Emergency Management, the Governor cannot be reached by available communications facilities in time to respond appropriately to an emergency, the director shall notify the Secretary of State or, if the Secretary of State is not available, the State Treasurer that the Governor is not available.
(b) After notice from the director that the Governor is not available, the elected state official so notified may declare a state of emergency pursuant to the provisions of subsections (1) and (2) of this section.
(c) If the director is unavailable to carry out the duties described in this subsection, such duties shall be performed by the Adjutant General.
(4) Any state of emergency declared by the Secretary of State or State Treasurer pursuant to this section has the same force and effect as if declared by the Governor, except that it must be affirmed by the Governor as soon as the Governor is reached. However, if the Governor does not set aside the declaration within 24 hours of being reached, the declaration shall be considered affirmed by the Governor.
(5) Any declaration of a state of emergency must specify the geographical area covered by the declaration. Such area shall be no larger than necessary to effectively respond to the emergency.
(6) The governing body of each county shall establish a procedure for receiving, processing and transmitting to the Oregon Department of Emergency Management, in a timely manner, a request submitted by a city that the Governor declare a state of emergency. [Formerly 401.055; 2021 c.539 § 33]