Bill Text: OR SB813 | 2013 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to public safety improvements to public buildings; appropriating money; and declaring an emergency.

Spectrum: Committee Bill

Status: (Passed) 2013-08-21 - Effective date, August 14, 2013. [SB813 Detail]

Download: Oregon-2013-SB813-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3751

                         Senate Bill 813

Sponsored by COMMITTEE ON VETERANS AND EMERGENCY PREPAREDNESS

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Transfers responsibility for seismic rehabilitation grant
program from Director of Office of Emergency Management to Oregon
Department of Administrative Services.
  Becomes operative on January 1, 2014.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to public safety improvements to public buildings;
  creating new provisions; amending ORS 401.092 and 401.910; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:

                               { +
SEISMIC REHABILITATION + }

  SECTION 1. ORS 401.910 is amended to read:
  401.910. (1)   { - The Director of the Office of Emergency
Management, pursuant to the authority to administer grant
programs for seismic rehabilitation provided in ORS 401.092, - }
 { + The Oregon Department of Administrative Services + } shall
develop a grant program for the disbursement of funds for the
seismic rehabilitation of critical public buildings, including
hospital buildings with acute inpatient care facilities, fire
stations, police stations, sheriffs' offices, other facilities
used by state, county, district or municipal law enforcement
agencies and buildings with a capacity of 250 or more persons
that are routinely used for student activities by kindergarten
through grade 12 public schools, community colleges, education
service districts and institutions of higher education. The funds
for the seismic rehabilitation of critical public buildings under
the grant program are to be provided from the issuance of bonds
pursuant to the authority provided in Articles XI-M and XI-N of
the Oregon Constitution.
  (2) The grant program shall include the appointment of a grant
committee. The grant committee may be composed of any number of
persons with qualifications that the   { - director - }
 { + department + } determines necessary. However, the
 { - director - }   { + department + } shall include persons with
experience in administering state grant programs and
representatives of entities with responsibility over critical

public buildings. The   { - director - }   { + department + }
shall also include as permanent members representatives of:
  (a) The Department of Human Services;
  (b) The State Department of Geology and Mineral Industries;
  (c) The Seismic Safety Policy Advisory Commission;
  (d) The   { - Oregon Department of Administrative Services - }
 { +  Office of Emergency Management + };
  (e) The Department of Education;
  (f) The Oregon Health Authority;
  (g) The Oregon Fire Chiefs Association;
  (h) The Oregon Association Chiefs of Police; and
  (i) The Oregon Association of Hospitals and Health Systems.
  (3) The   { - director - }   { + department + } shall determine
the form and method of applying for grants from the grant
program, the eligibility requirements for grant applicants, and
general terms and conditions of the grants. The
 { - director - }   { + department + } shall also provide that
the grant committee review grant applications and make a
determination of funding based on a scoring system that is
directly related to the statewide needs assessment performed by
the State Department of Geology and Mineral Industries.
Additionally, the grant process may:
  (a) Require that the grant applicant provide matching funds for
completion of any seismic rehabilitation project.
  (b) Provide authority to the grant committee to waive
requirements of the grant program based on special circumstances
such as proximity to fault hazards, community value of the
structure, emergency functions provided by the structure and
storage of hazardous materials.
  (c) Allow an applicant to appeal any determination of grant
funding to the   { - director - }   { + department + } for
reevaluation.
  (d) Provide that applicants release the state, the
 { - director - }  { + department + } and the grant committee
from any claims of liability for providing funding for seismic
rehabilitation.
  (e) Provide separate rules for funding rehabilitation of
structural and nonstructural building elements.
  (4) Subject to the grant rules established by the
 { - director - }  { +  department + } and subject to
reevaluation by the   { - director - }  { +  department + }, the
grant committee has the responsibility to review and make
determinations on grant applications under the grant program
established pursuant to this section.
  SECTION 2. ORS 401.092 is amended to read:
  401.092. (1) The Director of the Office of Emergency Management
is responsible for coordinating and facilitating exercises and
training, emergency planning, preparedness, response, mitigation
and recovery activities with the state and local emergency
services agencies and organizations, and shall, with the approval
of the Adjutant General or as directed by the Governor:
  (a) Make rules that are necessary and proper for the
administration and implementation of this chapter;
  (b) Coordinate the activities of all public and private
organizations specifically related to providing emergency
services within this state;
  (c) Maintain a cooperative liaison with emergency management
agencies and organizations of local governments, other states and
the federal government;
  (d) Have such additional authority, duties and responsibilities
authorized by this chapter or as may be directed by the Governor;
  (e) Administer grants relating to emergency program management
under ORS 401.305,   { - seismic rehabilitation, - }  emergency
services for the state and the statewide 2-1-1 system as provided
in ORS 403.430;

  (f) Provide for and staff a State Emergency Operations Center
to aid the Governor and the Office of Emergency Management in the
performance of duties under this chapter;
  (g) Serve as the Governor's authorized representative for
coordination of certain response activities and managing the
recovery process;
  (h) Establish training and professional standards for local
emergency program management personnel;
  (i) Establish task forces and advisory groups to assist the
office in achieving mandated responsibilities;
  (j) Enforce compliance requirements of federal and state
agencies for receiving funds and conducting designated emergency
functions;
  (k) Oversee the design, implementation and support of a
statewide 2-1-1 system as provided under ORS 403.415; and
  (L) Coordinate the activities of state and local governments to
enable state and local governments to work together during
domestic incidents as provided in the National Incident
Management System established by the Homeland Security
Presidential Directive 5 of February 28, 2003.
  (2) Notwithstanding subsection (1) of this section, the State
Forester shall serve as the Governor's authorized representative
for the purpose of initiating the fire management assistance
declaration process with the Federal Emergency Management Agency
and administering Federal Emergency Management Agency fire
management assistance grants.

                               { +
TRANSFER + }

  SECTION 3. { +  The duties, functions and powers of the
Director of the Office of Emergency Management relating to
seismic rehabilitation of critical public buildings under the
grant program described in ORS 401.910 are imposed upon,
transferred to and vested in the Oregon Department of
Administrative Services. + }

                               { +
RECORDS, PROPERTY, EMPLOYEES + }

  SECTION 4.  { + (1) The Director of the Office of Emergency
Management shall:
  (a) Deliver to the Oregon Department of Administrative Services
all records and property within the jurisdiction of the director
that relate to the duties, functions and powers transferred by
section 3 of this 2013 Act; and
  (b) Transfer to the Oregon Department of Administrative
Services those employees engaged primarily in the exercise of the
duties, functions and powers transferred by section 3 of this
2013 Act.
  (2) The Director of the Oregon Department of Administrative
Services shall take possession of the records and property, and
shall take charge of the employees and employ them in the
exercise of the duties, functions and powers transferred by
section 3 of this 2013 Act, without reduction of compensation but
subject to change or termination of employment or compensation as
provided by law.
  (3) The Governor shall resolve any dispute between the Director
of the Office of Emergency Management and the Oregon Department
of Administrative Services relating to transfers of records,
property or employees under this section, and the Governor's
decision is final. + }

                               { +
UNEXPENDED REVENUES + }

  SECTION 5. { +  (1) The unexpended balances of amounts
authorized to be expended by the Director of the Office of
Emergency Management for the biennium beginning July 1, 2013,
from revenues dedicated, continuously appropriated, appropriated
or otherwise made available for the purpose of administering and
enforcing the duties, functions and powers transferred by section
3 of this 2013 Act are transferred to and are available for
expenditure by the Oregon Department of Administrative Services
for the biennium beginning July 1, 2013, for the purpose of
administering and enforcing the duties, functions and powers
transferred by section 3 of this 2013 Act.
  (2) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the director remain
applicable to expenditures by the department under this
section. + }

                               { +
ACTION, PROCEEDING, PROSECUTION + }

  SECTION 6.  { + The transfer of duties, functions and powers to
the Oregon Department of Administrative Services by section 3 of
this 2013 Act does not affect any action, proceeding or
prosecution involving or with respect to such duties, functions
and powers begun before and pending at the time of the transfer,
except that the department is substituted for the Director of the
Office of Emergency Management in the action, proceeding or
prosecution. + }

                               { +
LIABILITY, DUTY, OBLIGATION + }

  SECTION 7.  { + (1) Nothing in sections 3 to 9 of this 2013 Act
and the amendments to ORS 401.092 and 401.910 by sections 1 and 2
of this 2013 Act relieves a person of a liability, duty or
obligation accruing under or with respect to the duties,
functions and powers transferred by section 3 of this 2013 Act.
The Oregon Department of Administrative Services may undertake
the collection or enforcement of any such liability, duty or
obligation.
  (2) The rights and obligations of the Director of the Office of
Emergency Management legally incurred under contracts, leases and
business transactions executed, entered into or begun before the
operative date of section 3 of this 2013 Act accruing under or
with respect to the duties, functions and powers transferred by
section 3 of this 2013 Act are transferred to the department. For
the purpose of succession to these rights and obligations, the
department is a continuation of the director and not a new
authority. + }

                               { +
RULES + }

  SECTION 8.  { + Notwithstanding the transfer of duties,
functions and powers by section 3 of this 2013 Act, the rules of
the Director of the Office of Emergency Management with respect
to such duties, functions or powers that are in effect on the
operative date of section 3 of this 2013 Act continue in effect
until superseded or repealed by rules of the Oregon Department of
Administrative Services. References in such rules of the director
to the director or the office or to an officer or employee of the
office are considered to be references to the department or to an
officer or employee of the department. + }
  SECTION 9.  { + Whenever, in any uncodified law or resolution
of the Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, in the context
of the duties, functions and powers transferred by section 3 of
this 2013 Act, reference is made to the Director of the Office of
Emergency Management, to the office or to an officer or employee
of the office, whose duties, functions or powers are transferred
by section 3 of this 2013 Act, the reference is considered to be
a reference to the Oregon Department of Administrative Services
or to an officer or employee of the department who by this 2013
Act is charged with carrying out such duties, functions and
powers. + }

                               { +
OPERATIVE DATE + }

  SECTION 10.  { + Sections 3 to 9 of this 2013 Act and the
amendments to ORS 401.092 and 401.910 by sections 1 and 2 of this
2013 Act become operative on January 1, 2014. + }

                               { +
UNIT CAPTIONS + }

  SECTION 11.  { + The unit captions used in this 2013 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }

                               { +
EMERGENCY CLAUSE + }

  SECTION 12.  { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
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