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.
(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]
Notes of Decisions
Elkhorn Baptist Church v. Brown, 466 P.3d 30 (Or. 2020).
· cites it 34× “441, the state of emergency had been declared under ORS 401.165, and states of emergency declared under that statute are not time limited but persist until terminated by the Governor or by joint resolution of the legislature.”
JGB Enter., LLC v. OLCC, 529 P.3d 262 (Or. Ct. App. 2023).
“In March 2020, in response to the COVID-19 pan- demic, the Governor declared a state of emergency under ORS 401.165. The Governor has broad authority during a state of emergency, including the right to exercise “all police Cite as 325 Or App 326 (2023) 329 powers vested in the…”
Along Came Trudy LLC v. OLCC (Or. Ct. App. 2024).
· cites it 17× “441(4), provides: “If a state of emergency is declared as authorized under ORS 401.165, the Governor may implement any action authorized by ORS 433.”
Hayes v. State of Oregon (D. Or. 2021).
· cites it 5× “Here, plaintiff complains that Executive Order 20-03 violates Or. Rev. Stat. § 401.165 , which provides that “[t]he Governor may declare a state of emergency by proclamation at the request of a county governing body or after determining that an emergency has occurred or is…”
Bond v. Brown (D. Or. 2021).
“On March 8, 2020, Governor Brown issued Executive Order 20-03 declaring a statewide emergency pursuant to ORS 401.165 et seq. in response to the outbreak of COVID-19 in Oregon.”
Graham v. Brown (D. Or. 2021).
“On March 8, 2020, Governor Brown declared a state of emergency under ORS 401.165 et seq. “due to the public health threat posed by the novel infectious coronavirus.”
— Or. Rev. Stat. § 401.165(1) — 2 cases
Elkhorn Baptist Church v. Brown, 466 P.3d 30 (Or. 2020).
“441, the state of emergency had been declared under ORS 401.165, and states of emergency declared under that statute are not time limited but persist until terminated by the Governor or by joint resolution of the legislature.”
Along Came Trudy LLC v. OLCC (Or. Ct. App. 2024).
“441(4), provides: “If a state of emergency is declared as authorized under ORS 401.165, the Governor may implement any action authorized by ORS 433.”
— Or. Rev. Stat. § 401.165(5) — 1 case
Elkhorn Baptist Church v. Brown, 466 P.3d 30 (Or. 2020).
“441, the state of emergency had been declared under ORS 401.165, and states of emergency declared under that statute are not time limited but persist until terminated by the Governor or by joint resolution of the legislature.”
— Or. Rev. Stat. § 401.165(a) — 1 case
Hayes v. State of Oregon (D. Or. 2021).
“Here, plaintiff complains that Executive Order 20-03 violates Or. Rev. Stat. § 401.165 , which provides that “[t]he Governor may declare a state of emergency by proclamation at the request of a county governing body or after determining that an emergency has occurred or is…”
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