Limits a declaration of a state of emergency to 30 days' duration, unless extended by the Legislative Assembly for an additional 30 days.

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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Senate Bill 368
Sponsored by Senator SMITH DB (Presession filed.)
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. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: Limits how long a state of emergency may last. Allows for 30-day periods to be added
to extend the state of emergency. (Flesch Readability Score: 62.7).
Limits a declaration of a state of emergency to 30 days’ duration, unless extended by the Leg-
islative Assembly for an additional 30 days. Permits the Legislative Assembly to extend a state of
emergency for an unlimited amount of times, but limits the duration of each extension to 30 days.
Takes effect on the 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to declarations of emergency; amending ORS 401.165 and 401.204; and prescribing an ef-
fective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 401.165 is amended to read:
401.165. (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 ex-
pended; 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 appro-
priately 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 af-
firmed by the Governor.
NOTE:Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 1884
SB 368
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(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.
(7)(a) A declaration of a state of emergency declared under this section terminates after
30 days’ duration unless extended for an additional 30 days by joint resolution adopted by the
Legislative Assembly. The Legislative Assembly may successively extend a declaration of a
state of emergency in an unlimited number of extensions, no one extension of which is
greater than 30 days’ duration.
(b) If a declaration of a state of emergency is terminated under this subsection, it may
not be revived by the Legislative Assembly. A new declaration of a state of emergency must
be proclaimed under subsection (1) of this section or declared under subsection (4) of this
section.
(c) The Governor may convene the Legislative Assembly under Article V, section 12, of
the Oregon Constitution, to facilitate an extension of a declaration of a state of emergency
under this subsection.
SECTION 2.
ORS 401.204 is amended to read:
401.204. (1) The Governor shall terminate the state of emergency by proclamation when the
emergency no longer exists, or when the threat of an emergency has passed.
(2) The state of emergency proclaimed by the Governor may be terminated at any time by joint
resolution of the Legislative Assembly.
(3) Notwithstanding subsection (1) of this section, the state of emergency shall be ter-
minated upon the passage of the 30th day:
(a) Following the date of the declaration of the state of emergency; or
(b) Following adoption of the most recent joint resolution of the Legislative Assembly
extending the state of emergency.
SECTION 3.
This 2025 Act takes effect on the 91st day after the date on which the 2025
regular session of the Eighty-third Legislative Assembly adjourns sine die.
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