(1) The Office of Emergency Management is established in the Oregon Military Department.
(2) The office shall be responsible for:
(a) Coordinating and facilitating private sector and governmental efforts to prevent, prepare for, respond to and recover from emergencies; and
(b) Coordinating exercises and training, planning, preparedness, response, mitigation and recovery activities with state and local emergency services agencies and organizations. [2007 c.740 §2]
Note: Sections 9, 10, 12, 13, 14 and 16, chapter 740, Oregon Laws 2007, provide:
Sec. 9. (1) The Office of Emergency Management in the Department of State Police is abolished. On the operative date of this section, the tenure of office of the Director of the Office of Emergency Management ceases.
(2) All the duties, functions and powers of the Office of Emergency Management in the Department of State Police are imposed upon, transferred to and vested in the Office of Emergency Management in the Oregon Military Department. [2007 c.740 §9]
Sec. 10. (1) The Superintendent of State Police shall:
(a) Deliver to the Office of Emergency Management in the Oregon Military Department all records and property within the jurisdiction of the superintendent that relate to the duties, functions and powers transferred by section 9 of this 2007 Act; and
(b) Transfer to the Office of Emergency Management in the Oregon Military Department those employees engaged primarily in the exercise of the duties, functions and powers transferred by section 9 of this 2007 Act.
(2) The Director of the Office of Emergency Management in the Oregon Military Department 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 9 of this 2007 Act, without reduction of compensation but subject to change or termination of employment or compensation as provided by law.
(3) The Adjutant General shall resolve any dispute between the Office of Emergency Management in the Department of State Police and the Office of Emergency Management in the Oregon Military Department relating to transfers of records, property and employees under this section, and the Adjutant General’s decision is final. [2007 c.740 §10]
Sec. 12. The transfer of duties, functions and powers to the Office of Emergency Management in the Oregon Military Department by section 9 of this 2007 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 Office of Emergency Management in the Oregon Military Department is substituted for the Office of Emergency Management in the Department of State Police in the action, proceeding or prosecution. [2007 c.740 §12]
Sec. 13. (1) Nothing in sections 9 to 12 of this 2007 Act relieves a person of a liability, duty or obligation accruing under or with respect to the duties, functions and powers transferred by section 9 of this 2007 Act. The Office of Emergency Management in the Oregon Military Department may undertake the collection or enforcement of any such liability, duty or obligation.
(2) The rights and obligations of the Office of Emergency Management in the Department of State Police legally incurred under contracts, leases and business transactions executed, entered into or begun before the operative date of section 9 of this 2007 Act [July 1, 2007] are transferred to the Office of Emergency Management in the Oregon Military Department. For the purpose of succession to these rights and obligations, the Office of Emergency Management in the Oregon Military Department is a continuation of the Office of Emergency Management in the Department of State Police and not a new authority. [2007 c.740 §13]
Sec. 14. Notwithstanding the transfer of duties, functions and powers by section 9 of this 2007 Act, the rules of the Office of Emergency Management in the Department of State Police in effect on the operative date of section 9 of this 2007 Act [July 1, 2007] continue in effect until superseded or repealed by rules of the Office of Emergency Management in the Oregon Military Department. References in rules of the Office of Emergency Management in the Department of State Police to the Office of Emergency Management in the Department of State Police or an officer or employee of the Office of Emergency Management in the Department of State Police are considered to be references to the Office of Emergency Management in the Oregon Military Department or an officer or employee of the Office of Emergency Management in the Oregon Military Department. [2007 c.740 §14]
Sec. 16. The Director of the Office of Emergency Management may be appointed before the operative date of section 9 of this 2007 Act [July 1, 2007] and may take any action before that date that is necessary to enable the director to exercise, on and after the operative date of section 9 of this 2007 Act, the duties, functions and powers of the director pursuant to section 9 of this 2007 Act. [2007 c.740 §16]
Section: Previous 401.225 401.230 401.235 401.240 401.245 401.250 401.255 401.257 401.259 401.260 401.261 401.263 401.265 401.267 401.269 NextLast modified: August 7, 2008