Title 18 — EXECUTIVE BRANCH; ORGANIZATION

Chapter 176 — Governor

51 sections

176.010 Commencement of term; inauguration

The official term of the Governor shall commence upon the publication of the returns by the Speaker of the House of Representatives, as provided in section 4, Article V, Oregon Constitution; or in case of an election of the Governor by the Legislative Assembly, as provided in section 5, Article V, Oregon Constitution, the official term of the Governor shall …

176.020 Cessation of term

The term of office of the Governor ceases when the successor of the Governor, having been declared elected by the Legislative Assembly as provided in the Constitution, is inaugurated by taking the oath of office.

176.030 [Renumbered 176.510]

176.040 [1959 c.672 §1; 1969 c.391 §13; repealed by 2009 c.77 §6]

176.050 [1959 c.672 §2; 2005 c.22 §123; 2007 c.70 §40; repealed by 2009 c.77 §6]

176.110 Actions of Governor-elect; budget; tax expenditure report; expenses

The person elected to the office of Governor may take any action prior to the date the official term of office commences that is necessary to enable the Governor to exercise on such date the powers and duties of the office of Governor. The Governor-elect shall cause the Governor’s budget and the tax expenditure report for the biennium beginning July 1 of th…

176.200 Governor’s Office Operating Fund

The Governor’s Office Operating Fund is established in the State Treasury, separate and distinct from the General Fund. Moneys in the Governor’s Office Operating Fund are continuously appropriated to the Office of the Governor for the operating expenses of the Office of the Governor. The fund shall consist of moneys appropriated or transferred to the fund an…

176.250 Service of subpoena upon Governor

Notwithstanding any provision of the Oregon Rules of Civil Procedure or other laws of this state, service of subpoena upon the Governor shall be made by delivering a copy to the legal counsel to the Governor or, in the legal counsel’s absence, an assistant to the Governor. LAW ENFORCEMENT MEDALS

176.260 Medal of Honor

The Law Enforcement Medal of Honor is established. Upon nomination by the Governor’s Commission on the Law Enforcement Medal of Honor established under ORS 176.262, the Governor or the Governor’s designee may award the medal in the name of the state to a law enforcement officer who has been distinguished by exceptionally honorable and meritorious conduct. Th…

176.262 Governor’s Commission on the Law Enforcement Medal of Honor; rules

The Governor’s Commission on the Law Enforcement Medal of Honor is established consisting of seven members appointed by the Governor as follows: One member shall be a representative of the Governor’s office; One member shall be a representative of the Department of Public Safety Standards and Training; One member shall be a representative of the Oregon As…

176.264 Law Enforcement Medal of Honor Account

The Law Enforcement Medal of Honor Account is established separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. The account consists of moneys deposited in the account under ORS 176.262. Moneys in the account are continuously appropriated to the Governor for the purpose of paying costs incurred in purch…

176.267 Medal of Ultimate Sacrifice

The Law Enforcement Medal of Ultimate Sacrifice is established. Upon nomination by the Governor’s Commission on the Law Enforcement Medal of Honor established under ORS 176.262, the Governor or the Governor’s designee may award the medal in the name of the state to the family of a law enforcement officer who has died while performing his or her duties as a l…

176.268 Oregon Gifts of Life Award

As used in this section: “Organ donor” means an individual whose organ, eye or tissue is the subject of an anatomical gift pursuant to ORS 97.951 to 97.982. “Organ procurement organization” has the meaning given that term in ORS 97.953. The office of the Governor may present the Oregon Gifts of Life Award on an annual basis to families of organ donors. O…

176.300 Temporary transfer of power

The Governor may at any time declare that the Governor expects to be temporarily disabled for a period of time and will not be able to discharge the duties of the office during that period of time. The Governor shall indicate the date and time that the period of disability will commence, and an estimate of the length of time during which the Governor will be…

176.303 Disability evaluation panel

A disability evaluation panel consists of the following five members: The Chief Justice of the Oregon Supreme Court. If the Chief Justice is unable or unwilling to serve on the panel when the panel is convoked, the Chief Judge of the Court of Appeals shall serve as a member instead of the Chief Justice. A judge serving on the Oregon Supreme Court, or the C…

176.306 Convocation of disability evaluation panel

A convocation of the disability evaluation panel shall be convoked if requested by at least two of the following persons: The Secretary of State; The State Treasurer; The President of the Senate; The Speaker of the House of Representatives; or The chief of staff for the Governor. A request for convocation of the disability evaluation panel must be in w…

176.309 Disability evaluation panel procedures

As soon as possible after a disability evaluation panel is convoked, the panel shall meet and examine whether the Governor is unable to discharge the duties of the office by reason of a physical or mental disability. The members of the panel who are physicians, or other physicians appointed by the panel, shall conduct a medical examination of the Governor if…

176.312 Finding of disability; finding that disability has ceased

A disability evaluation panel shall find that the Governor is unable to discharge the duties of the office if four or more members of the panel vote in the affirmative for that finding. If a disability evaluation panel finds that the Governor is unable to discharge the duties of the office, the panel shall give written notice to the person next in line of s…

176.350 Racial Justice Council; membership; policy committees; terms of office

The Racial Justice Council is created within the Office of the Governor. The membership of the council consists of the Governor, as chairperson, and no more than 40 additional members appointed by and serving at the pleasure of the Governor, subject to the following requirements: Each member must have a demonstrated commitment to racial equity, social and …

176.353 Duties of Racial Justice Council

The Racial Justice Council shall provide advice and recommendations to the Governor relating to racial justice, which may include: Recommending changes to state policies, practices, budgets and structures to align them within a racial justice and equity framework. Creating action plans to promote racial justice in areas including criminal justice, police a…

176.510 [Formerly 176.030; repealed by 1983 c.82 §4]

176.610 [1969 c.597 §2; repealed by 1971 c.301 §26 and by 1971 c.319 §11 and by 1971 c.401 §120]

176.620 [1969 c.597 §3; repealed by 1971 c.319 §11]

176.630 [1969 c.597 §4; 1971 c.319 §4; renumbered 184.765]

176.650 [1971 c.686 §1; repealed by 1973 c.1 §1]

176.660 [1971 c.686 §10; repealed by 1973 c.1 §1]

176.670 [1971 c.686 §8; repealed by 1973 c.1 §1]

176.680 [1971 c.686 §2; repealed by 1973 c.1 §1]

176.690 [1971 c.686 §3; repealed by 1973 c.1 §1]

176.700 [1971 c.686 §4; repealed by 1973 c.1 §1]

176.710 [1971 c.686 §5; repealed by 1973 c.1 §1]

176.720 [1971 c.686 §6; repealed by 1973 c.1 §1]

176.730 [1971 c.686 §7; repealed by 1973 c.1 §1]

PROCLAMATIONS (Death of Unknown Persons)

176.740 Governor’s proclamation; presumption for missing person; report of death

The Governor may proclaim that a natural disaster or an act of war, terrorism or sabotage has caused the death of unknown persons on a specific date at a specific place. For the purposes of any civil or administrative proceeding, there is a presumption that a missing person is dead if it is shown that: The person was at or near the place described in a pro…

176.750 “Energy resources” defined

As used in ORS 176.750 to 176.815, unless the context requires otherwise, “energy resources” includes electricity, natural gas, petroleum, coal, wood fuels, geothermal sources, radioactive materials and any other resource yielding energy.

176.755 Policy

The Legislative Assembly finds that the lack of energy resources and other energy resource emergencies may threaten the availability of essential services and transportation, and the operation of the economy, jeopardizing the peace, health, safety and welfare of the people of Oregon. The Legislative Assembly finds it necessary to provide an orderly procedur…

176.760 Information to be available to Governor

On a continuing basis the Governor may obtain all necessary information from energy resource producers, suppliers and consumers, doing business within Oregon, and from political subdivisions in this state, as necessary for the Governor to determine whether shortages or an emergency will require energy resource conservation measures. Such information may incl…

176.765 Confidentiality of information; use; liability

Notwithstanding any other law, information furnished under ORS 176.760 and designated by that person as confidential, shall be maintained as confidential by the Governor and any person who obtains information which the person knows to be confidential under ORS 176.750 to 176.815. The Governor shall not make known in any manner any particulars of such informa…

176.770 Curtailment priorities

In consultation with appropriate federal, state officials and officials of political subdivisions in this state the Governor, unless otherwise provided by law, shall cause to be established, and revised as appropriate, standby priorities for curtailment in the use of energy resources. However, involuntary curtailments may be ordered only by means of executiv…

176.775 Content of Governor’s proclamation of lack of energy resource or resource emergency

Whenever the Governor declares by proclamation that lack of an energy resource or any energy resource emergency threatens or is likely to threaten the availability of essential services, transportation or the operation of the economy, the Governor shall state the nature of the energy resource shortage or emergency.

176.780 Action authorized by proclamation under ORS 176.775

Whenever the Governor has issued a proclamation under ORS 176.775, the Governor may by executive order direct actions: Reducing energy resource usage by state agencies and political subdivisions in this state. Promoting conservation, prevention of waste and salvage of energy resources and the materials, services and facilities derived therefrom or dependen…

176.785 Proclamation of state of emergency

Whenever the Governor determines that an existing or imminent severe disruption in the supply of one or more energy resources, in Oregon or elsewhere, threatens the availability of essential services, transportation or the operation of the economy, jeopardizing the peace, health, safety and welfare of the people of Oregon, after consultation with the Preside…

176.790 Duration of emergency under proclamation; renewal or extension of proclamation

A proclamation of emergency and all orders and rules issued as a result of the proclamation under ORS 176.750 to 176.815 shall continue in effect for 30 days unless the Governor rescinds it and declares the emergency ended before the expiration of the 30-day period. A proclamation may be renewed or extended only by joint resolution of the Legislative Assemb…

176.795 Actions authorized by proclamation under ORS 176.785

During any emergency proclaimed under ORS 176.785, the Governor by executive order may order involuntary curtailments, adjustments or allocations in the supply and consumption of energy resources applicable to all suppliers and consumers. However, the Governor may not order such curtailments, adjustments or allocations which discriminate within any class of …

176.800 Construction of ORS 176.750 to 176.815

Nothing in ORS 176.750 to 176.815 is intended as a delegation of legislative responsibility for the appropriation or authorization of expenditure of public funds, as provided in the Constitution and laws of this state. The powers vested in the Governor under ORS 176.750 to 176.815 are in addition to, and not in lieu of, emergency powers vested in the Govern…

176.805 Status of proclamation, order or directive as rule; judicial review

Any proclamation, executive order or directive issued pursuant to ORS 176.750 to 176.815 shall be deemed to be a rule subject to ORS chapter 183, except that jurisdiction for judicial determination of the validity thereof pursuant to ORS 183.400 is conferred upon the Court of Appeals. Any such proceeding in the Court of Appeals shall be given precedence on …

176.809 Governor’s energy emergency contingency plan

The Governor, in consultation with the State Department of Energy and the Oregon Business Development Department, shall compile existing data and prepare an extensive statewide contingency plan to maintain emergency services, continue productivity and reduce hardship during an energy emergency. As used in this section, “energy emergency” means a severe fuel…

176.810 [1974 c.59 §2; 1975 c.606 §14; renumbered 176.820]

176.815 Cooperation with local governments

The Governor shall solicit suggestions and recommendations from local governments in preparing the statewide contingency plan under ORS 176.809. The contingency plan developed by the Governor under ORS 176.809 shall utilize, with the approval of the local governments, the services and facilities of local governments to implement the plan.

176.820 State Department of Energy Account

There is continuously appropriated from the Motor Vehicle Division Account to the State Department of Energy, for deposit in the State Department of Energy Account, sufficient moneys for the payment of expenses incurred under chapter 606, Oregon Laws 1975, subject to limitations on payment of expenses as approved under legislative authority. Note: Legislati…

176.990 Penalties

Violation of ORS 176.765 (5) is a Class A violation. Any person who willfully fails or neglects to comply with an executive order issued under ORS 176.750 to 176.815, or a directive of the Governor implementing such an executive order, shall forfeit and pay into the State Treasury a civil penalty not to exceed $1,000 for each such failure for each day such …