Bill Text: OR HB2034 | 2013 | Regular Session | Enrolled


Bill Title: Relating to emergency management.

Spectrum: Unknown

Status: (Passed) 2013-05-22 - Chapter 189, (2013 Laws): Effective date January 1, 2014. [HB2034 Detail]

Download: Oregon-2013-HB2034-Enrolled.html


     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

                            Enrolled

                         House Bill 2034

Introduced and printed pursuant to House Rule 12.00. Presession
  filed (at the request of Governor John A. Kitzhaber, M.D., for
  Oregon Military Department)

                     CHAPTER ................

                             AN ACT

Relating to emergency management; amending ORS 401.096 and
  401.305.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. ORS 401.096 is amended to read:
  401.096. (1) The Office of Emergency Management is designated
as the sole agency of the State of Oregon for the purpose of
negotiating agreements with the United States Department of
Homeland Security or other appropriate federal agency, on behalf
of the state, for the acquisition of federal funds for the
purpose of providing emergency program management and emergency
services.
  { - All city or county emergency management programs, emergency
service agencies and state agencies applying for such funds shall
coordinate with the office on development of proposals and shall
submit applications to the department to be reviewed or
processed, or both. - }
   { +  (2) When applying for funds described in subsection (1)
of this section, the following entities shall coordinate with the
office on development of proposals and submit applications to the
office to be reviewed and processed:
  (a) A city or county operating an emergency management program.
  (b) An emergency service agency.
  (c) A state agency.
  (3) A tribal government operating an emergency management
program may, when applying for funds, coordinate with the office
on development of proposals and submit applications to the office
to be reviewed, processed or both. + }
    { - (2) - }   { + (4) + } The office is authorized to accept
and receive   { - on behalf of the state, counties and cities - }
federal funds for the purposes of emergency program management
and emergency services  { + on behalf of the state, counties,
cities and participating tribal governments + }.
  SECTION 2. ORS 401.305 is amended to read:
  401.305.   { - (1) Each county of this state shall, and each
city may, establish an emergency management agency which shall be
directly responsible to the executive officer or governing body
of the county or city. - }
    { - (2) The executive officer or governing body of each
county and any city which participates shall appoint an emergency
program manager who shall have responsibility for the

Enrolled House Bill 2034 (HB 2034-INTRO)                   Page 1

organization, administration and operation of such agency,
subject to the direction and control of the county or city. - }
    { - (3) The local governing bodies of counties and cities
that have both city and county emergency management programs
shall jointly establish policies which provide direction and
identify and define the purpose and roles of the individual
emergency management programs, specify the responsibilities of
the emergency program managers and staff and establish lines of
communication, succession and authority of elected officials for
an effective and efficient response to emergency conditions. - }
   { +  (1) As used in this section, 'tribal government' means a
federally recognized sovereign tribal government operating within
the borders of this state or an intertribal organization formed
by two or more federally recognized sovereign tribal governments
operating within this state.
  (2) Each county of this state shall, and each city or tribal
government may, establish an emergency management agency that is
directly responsible to the executive officer or governing body
of the county, city or tribe.
  (3) The executive officer or governing body of each county, and
any city or tribe that participates, shall appoint an emergency
program manager who is responsible for the organization,
administration and operation of the emergency management agency,
subject to the direction and control of the county, city or
tribe.
  (4) When a city or tribal government has an emergency
management agency, the city or tribal government, as applicable,
and the counties within which the city or tribal government
operates shall jointly establish policies that:
  (a) Provide direction and identify and define the purpose and
roles of the individual emergency management programs;
  (b) Specify the responsibilities of the emergency program
managers and staff; and
  (c) Establish lines of communication, succession and authority
of elected officials for an effective and efficient response to
emergency conditions. + }
    { - (4) - }   { + (5) + } Each emergency management agency
shall perform emergency program management functions within the
territorial limits of the county   { - or city - }  { + , city or
tribal government + } and may perform   { - such - }
 { + the + } functions outside the territorial limits as required
under any mutual aid or cooperative assistance agreement or as
 { + requested and + } authorized by the county or city { +  in
whose territorial limits the emergency functions are
performed + }.
    { - (5) - }   { + (6) + } The emergency management functions
 { - shall - }  include,
  { - as - }   { + at + } a minimum:
  (a) Coordination of the planning activities necessary to
prepare and maintain a current emergency operations plan,
management and maintenance of emergency operating facilities from
which elected and appointed officials can direct emergency and
disaster response activities;
  (b) Establishment of an incident command structure for
management of a coordinated response by all local emergency
service agencies; and
  (c) Coordination with the Office of Emergency Management to
integrate effective practices in emergency preparedness and
response as provided in the National Incident Management System

Enrolled House Bill 2034 (HB 2034-INTRO)                   Page 2

established by the Homeland Security Presidential Directive 5 of
February 28, 2003.
                         ----------

Passed by House March 26, 2013

    .............................................................
                             Ramona J. Line, Chief Clerk of House

    .............................................................
                                     Tina Kotek, Speaker of House

Passed by Senate May 16, 2013

    .............................................................
                              Peter Courtney, President of Senate

Enrolled House Bill 2034 (HB 2034-INTRO)                   Page 3

Received by Governor:

......M.,............., 2013

Approved:

......M.,............., 2013

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2013

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled House Bill 2034 (HB 2034-INTRO)                   Page 4
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