Oregon Revised Statutes
It is the policy of the State of Oregon to: Encourage and support the development of public safety networks and an emergency communications system and the rapid deployment of broadband or other communications services in areas of the state in which the services do not exist; Support redundancy of critical communications assets in order to ensure homeland s…
As used in ORS 305.823 and 403.105 to 403.250, unless the context requires otherwise: “Account” means the Emergency Communications Account. “Automatic location identification” means a component or capability of the emergency communications system that provides automatic display in the designated public safety answering point of geographic information about…
The Department of Revenue may by rule adjust the definition of “interconnected Voice over Internet Protocol service” given in ORS 403.105 to conform to subsequent amendments to 47 C.F.R. 9.3.
A provider, a 9-1-1 jurisdiction, a 9-8-8 coordinated crisis services system or the employees or agents of a provider, a 9-1-1 jurisdiction or a 9-8-8 coordinated crisis services system may be held civilly liable for the installation, performance, provision or maintenance of a 9-1-1 emergency reporting system, enhanced 9-1-1 telephone service or a 9-8-8 tele…
The primary emergency telephone number within this state is 9-1-1, but a public or private safety agency shall maintain both a separate 10-digit secondary emergency number for use by a telephone operator or provider and a separate 10-digit nonemergency number. Every public and private safety agency in this state shall participate in the emergency communicat…
The Oregon Department of Emergency Management shall: Except as otherwise provided by law, adopt rules relating to the emergency communications system, as deemed necessary by the department. Plan, implement, administer, operate and maintain the emergency communications system required to fulfill the requirements of ORS 403.115. At the request of a 9-1-1 ju…
A 9-1-1 jurisdiction shall create and maintain a 9-1-1 jurisdiction plan for emergency communications services provided within a 9-1-1 service area pursuant to ORS 403.105 to 403.250 and rules adopted by the Oregon Department of Emergency Management. The 9-1-1 jurisdiction shall submit the 9-1-1 jurisdiction plan to: The department; Public and private safe…
At the request of a law enforcement agency, a provider of communications service for cellular devices shall provide the call location information, or the best available location information, of a cellular device that is: Used to place an emergency call requesting emergency assistance from the law enforcement agency; or Reasonably believed to be in the poss…
A provider may not block delivery or forwarding to a public safety answering point or a 9-8-8 coordinated crisis services system of location information, a call-back number or other identifying information related to an emergency call. Automatic number identifications received by public safety answering points or a 9-8-8 coordinated crisis services system a…
As used in this section, “workplace”: Includes hallways, lobbies, conference rooms, rest rooms, break rooms, elevators, laboratories, warehouse space and other areas of a building in which employees or volunteers perform work or that are accessible on a regular basis by employees, volunteers or members of the public; and Does not include wall thickness, sh…
A person that provides telephone service through a coin or credit card operated pay station telephone in an area served by the emergency communications system shall convert every coin or credit pay station telephone to permit calling 9-1-1 and “O”-operator without depositing a coin or charging the caller.
All public safety answering points must be capable of receiving emergency calls through a TTY or other device capable of receiving an emergency call from individuals with hearing or speech impairments.
A 9-1-1 jurisdiction must have a disaster recovery plan for the components of the emergency communications system within the 9-1-1 service area. The disaster recovery plan must include at a minimum: Recovery procedures for service that is interrupted, preventing transmission of an emergency call to the primary public safety answering point and corresponding…
Public or private safety agencies may enter into agreements requiring that an emergency unit dispatched by a public safety answering point must render emergency services without regard to jurisdictional boundaries.
A governing body may not enforce contractual provisions that have the effect of punishing or penalizing a public or private safety agency for failure to meet mandatory response times during a declared state of emergency in which the public or private safety agency has allowed agency resources to respond and provide emergency services outside the normal servi…
All disputes between a governing body, 9-1-1 jurisdiction and public or private safety agency regarding the emergency communications system must be mediated if the dispute cannot be resolved in accordance with a written agreement. When a governing body or 9-1-1 jurisdiction obtains knowledge that a dispute exists and cannot be resolved by the agencies, the g…
The Oregon Department of Emergency Management may institute proceedings against a public or private safety agency, a 9-1-1 jurisdiction or other person to compel compliance with or to restrain further violation of ORS 305.823 and 403.105 to 403.250 or rules adopted pursuant to ORS 403.120. Proceedings authorized by subsection (1) of this section may be inst…
The Oregon Department of Emergency Management may enter into an agreement with the Confederated Tribes of the Warm Springs Reservation of Oregon for the purpose of forming an entity to participate in the emergency communications system. An entity formed under subsection (1) of this section: Is a 9-1-1 jurisdiction for purposes of ORS 305.823 and 403.105 to…
There is imposed on each consumer or paying retail subscriber who has telecommunications service or interconnected Voice over Internet Protocol service, with access to the emergency communications system: An emergency communications tax equal to $1.25 per month or, for prepaid wireless telecommunications service, $1.25 per retail transaction; and A 9-8-8 c…
For the purpose of compensating sellers for expenses incurred in collecting the tax imposed under ORS 403.200, each seller is permitted to deduct and retain two percent of the amount of taxes that are collected by the seller from all retail transactions conducted by the seller in this state. Subsection (1) of this section applies to retail transactions made…
The tax imposed by ORS 403.200: Does not apply to: Services that the state is prohibited from taxing under the Constitution or laws of the United States or the Constitution or laws of the State of Oregon. Interconnection between telecommunications utilities and competitive access providers certified pursuant to ORS 759.020, common carriers and interexchan…
The Oregon Health Authority shall provide an annual report on the revenue generated by the tax imposed under ORS 403.200 (1)(b) to the Legislative Assembly and the Federal Communications Commission. A local government may not impose a tax, fee or surcharge on telecommunications services for 9-8-8 services. Note: 403.207 was enacted into law by the Legislat…
Every provider or seller responsible for the collection of the tax imposed by ORS 403.200 to 403.230 shall keep records, render statements, make returns and comply with rules adopted by the Department of Revenue with respect to the tax. Whenever in the judgment of the department it is necessary, the department may require the provider, seller, consumer or su…
The provider or seller is responsible for collecting the tax under ORS 403.200 and shall file a return with the Department of Revenue on or before the last day of the month following the end of each calendar quarter, reporting the amount of tax due during the quarter, with the tax due under ORS 403.200 (1)(a) and (b) stated separately. The department shall p…
Any consumer subject to the tax imposed under ORS 403.200 and from whom the tax has not been collected shall, on or before the 20th day of the month following the close of the calendar year in which the tax is due, file with the Department of Revenue a report of the amount of tax due from the consumer in the preceding tax year in the detail and form as presc…
If the amount paid by the provider or seller to the Department of Revenue under ORS 403.215 exceeds the amount of tax payable, the department shall refund the amount of the excess with interest thereon at the rate established under ORS 305.220 during a period beginning 45 days after the later of the due date of the return to which the excess relates or the d…
Every provider or seller required to collect the tax imposed by ORS 403.200 to 403.230 is deemed to hold the same in trust for the State of Oregon and for the payment thereof to the Department of Revenue in the manner and at the time provided by ORS 403.215. If the provider or seller required to collect the tax fails to remit any amount deemed to be held in…
The Department of Revenue shall establish by rule policies and procedures for the administration of the provisions of ORS 403.200 to 403.230, including policies and procedures for the collection of the tax imposed under ORS 403.200 by providers required to collect the tax imposed on interconnected Voice over Internet Protocol service.
Unless the context requires otherwise, the provisions of ORS chapters 305, 314 and 316 as to the audit and examination of reports and returns, determination of deficiencies, assessments, claims for refunds, penalties, interest, jeopardy assessments, warrants, conferences and appeals to the Oregon Tax Court, and procedures relating thereto, apply to ORS 403.2…
The Emergency Communications Account is established in the State Treasury, separate and distinct from the General Fund. All moneys received by the Department of Revenue pursuant to ORS 403.200 to 403.230 and interest thereon must be paid to the State Treasurer to be held in a suspense account established under ORS 293.445. After payment of refunds: Moneys …
The Oregon Department of Emergency Management shall distribute quarterly the entire amount of the moneys in the Emergency Communications Account. The department shall pay the following amounts from the account: Administrative costs incurred during the preceding calendar quarter by the Department of Revenue in carrying out ORS 403.200 to 403.230 in an amount…
Except as provided in subsection (2) of this section, moneys received under ORS 403.240 (8) may be used only to pay for planning, installation, maintenance, operation and improvement of the emergency communications system as it relates to getting an emergency call from a member of the public to the primary public safety answering point and in transmitting th…
The Director of the Oregon Department of Emergency Management shall establish by administrative rule the minimum standards for a primary public safety answering point. If a primary public safety answering point does not meet the minimum standards established under subsection (1) of this section within 45 days after receipt of written notice from the Oregon …
As used in ORS 403.300 to 403.380, unless the context requires otherwise: “District” means a 9-1-1 communications district formed under ORS 403.300 to 403.380. “District board” or “board” means the governing body of a district. “9-1-1 jurisdiction” has the meaning given that term in ORS 403.105. “Public or private safety agency” has the meaning given tha…
A 9-1-1 communications district may be created as provided in ORS 198.705 to 198.955 and 403.300 to 403.380. A 9-1-1 communications district consists of the telephone exchange service areas located wholly or partly within a designated 9-1-1 jurisdiction’s service area that is served by a public safety answering point. A district may include more than one ci…
The officers of the district shall be a board of five or seven members elected by the electors of the district. Any elector residing within the district is qualified to serve as a district board member.
ORS chapter 255 governs the following: The nomination and election of district board members. The conduct of district elections. The electors of a district may exercise the powers of the initiative and referendum regarding a district measure, in accordance with ORS 255.135 to 255.205.
The district board is the governing body of the district and shall exercise all powers thereof. At its first meeting or as soon thereafter as may be practicable, the board shall choose one of its members as president.
Five or seven district board members, determined by the number of board members set forth in the petition for formation, must be elected at the election for district formation. Nominating petitions must be filed with the county governing body. When the petition for formation provides for a five-member district board, if the effective date of the formation o…
The question of increasing or decreasing the membership of the district board must be determined at a regular district election. The district board, by resolution, may order the question to be submitted to the electors of the district. If a petition is filed with the secretary of the board requesting that the electors of the district be permitted to vote on …
When a district expands the membership of its district board from five to seven members or reduces the membership of its board from seven to five members: If the board is reduced to five members, at least two members must be elected at each regular district election. If the board is expanded to seven members, at least three members must be elected at each …
The district board members may be elected in one of the following methods: Elected by the electors of the district from zones as nearly equal in population as possible according to the latest federal census. Each elector of the district is entitled to vote for candidates for election from all the zones in the district. Elected by the electors of the distri…
At the regular district election, successors to the board members whose terms expire must be elected as follows: In an unzoned district, if two board members are to be elected, the candidates receiving the first and second highest vote are elected. If three or four board members are to be elected, the candidates receiving the first, second or third or first…
The question of whether to change the method adopted by the district for nominating and electing board members must be decided by election. The district board: May order the election on its own resolution; or Shall order the election if a petition is filed as provided in this section. Except as otherwise provided in this section, the requirements for prep…
A question of changing the method of nominating and electing district board members under ORS 403.350 and a question of increasing or decreasing the number of district board members under ORS 403.330 may be submitted to the electors of a district at the same regular district election. However, the questions must be submitted to the electors as separate quest…
A 9-1-1 communications district has the power: To have and use a common seal. To sue and be sued in its name. To make and accept any and all contracts, deeds, leases, releases and documents of any kind which, in the judgment of the board, are necessary or proper to the exercise of any power of the district, and to direct the payment of all lawful claims o…
For the purpose of carrying into effect the powers granted by ORS 403.300 to 403.380, as well as refunding outstanding obligations, a 9-1-1 communications district, when authorized by a majority of the votes cast at an election by electors of the district, may borrow money and sell and dispose of general obligation bonds. The general obligations outstanding…
Each year the district board shall determine and fix the amount of money to be levied and raised by taxation, for the purposes of the district. The total amount of taxes levied in each year under this section may not exceed one-tenth of one percent (0.001) of the real market value of all taxable property within the district computed in accordance with ORS 30…
The board shall adjust zones established within a district as necessary to make them as nearly equal in population as is feasible according to the latest federal census. The board also shall adjust boundaries of zones as necessary to reflect boundary changes of the district. For purposes of ad valorem taxation, a boundary change must be filed in final appro…
A district board shall appoint an advisory committee to advise and assist the board in carrying out the purposes of ORS 403.300 to 403.380. An advisory committee consists of one representative from each public or private safety agency included within the district. Members of the advisory committee must reside within the district. A member of an advisory com…
The Legislative Assembly finds that: The implementation of a single, easy-to-use telephone number, 2-1-1, will benefit the residents of this state by providing easier access to available services after an emergency and health and human services, by reducing inefficiencies in connecting people with desired service providers and by reducing duplication of eff…
As used in ORS 403.400 to 403.430: “2-1-1” means the abbreviated dialing code assigned by the Federal Communications Commission for consumer access to community information and referral services. “2-1-1 service” means a telephone service that provides information about and referral to services after an emergency and health and human services. “2-1-1 provi…
2-1-1 is created as the official state dialing code for public referral to and information about health and human services and services after an emergency.
The 2-1-1 provider shall establish standards for, and solicit, review and evaluate applicants to be, designated regional information centers. A designated regional information center shall collect, input and maintain regional resource information regarding services after an emergency and health and human services for inclusion in the statewide resources dat…
Upon written request of the 2-1-1 provider, telecommunications service providers shall enable 2-1-1 for customers accessing telecommunications services through local exchange service, cellular service or other wired or wireless means.
Before a state agency that provides health and human services establishes a new public information hotline, the state agency shall consult with the Department of Human Services about using the 2-1-1 system to provide public access to the information.
The Department of Human Services may accept contributions of moneys and assistance from the federal government or its agencies, and agree to conditions placed on the moneys not inconsistent with the purpose of supporting a statewide 2-1-1 system. The department may, from contributions of moneys received under subsection (1) of this section, provide grants t…
OREGON STATEWIDE COMMUNICATION INTEROPERABILITY PLAN
As used in ORS 403.450, 403.455, 403.460 and 403.465 and section 1, chapter 825, Oregon Laws 2005: “FirstNet network” means a public safety broadband network designed to facilitate public safety data communications: As provided for in Title VI of the Middle Class Tax Relief and Job Creation Act of 2012 (P.L. 112-96); and For which planning, construction a…
The State Interoperability Executive Council is created under the Oregon Department of Emergency Management to be the statewide interoperability governing body serving as the primary steering group for the Oregon Statewide Communication Interoperability Plan. The membership of the council consists of: Two members from the Legislative Assembly, as follows: …
The State Interoperability Executive Council created under ORS 403.450 shall: Develop, annually update and monitor implementation of the Oregon Statewide Communication Interoperability Plan, the goal of which is to achieve statewide interoperability of public safety communications systems. To the maximum extent possible, the Oregon Statewide Communication I…
The Director of the Oregon Department of Emergency Management shall establish and fill a full-time equivalent position for a statewide interoperability coordinator to serve as the central coordination point for the Oregon Statewide Communication Interoperability Plan and, through coordination and collaboration with agencies and entities in the emergency resp…
In consultation with the State Interoperability Executive Council created in ORS 403.450, the Director of the Oregon Department of Emergency Management shall: Facilitate decision making and planning for potential implementation of the FirstNet network; and Make recommendations to the state agency responsible for administering federal funds from the United …
On or before January 1 of each odd-numbered year, the Oregon Department of Emergency Management shall estimate the expenses the department will incur in the biennium beginning July 1 of the same year to carry out the provisions of ORS 403.450, 403.455, 403.460 and 403.465 and section 1, chapter 825, Oregon Laws 2005. The department shall report the estimate …
The Statewide Interoperability Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Statewide Interoperability Fund must be credited to the fund. The fund consists of moneys deposited in the fund under ORS 403.470 and may include moneys appropriated, allocated, deposited or transferred to the fund by …
As used in ORS 403.500 to 403.542: “County” means the county in which all or a portion of the district is located. “County board” means county court or board of county commissioners of the county. “District” means a radio and data district formed under ORS 403.500 to 403.542. “District board” means the governing body of a district.
ORS chapter 255 governs the following: The nomination and election of the members of the district board of a radio and data district. The conduct of all elections in the district. The electors of a district may exercise the powers of the initiative and referendum regarding a district measure, in accordance with ORS 255.135 to 255.205.
Ten or more residents of a county may petition the county board, or a county board by its own resolution may resolve, for the formation of a radio and data district within all or a portion of the county. In the case of two or more contiguous counties, 10 or more residents of the contiguous area may petition the county boards of all counties within the conti…
The governing body of a radio and data district shall be a board of three or five members, to be elected by the electors of the district, and an administrator, to be appointed by the district board. Every elector of a district is qualified to be a member of the district board.
The number of district board members to be elected in a radio and data district shall be three or five, according to the number set forth in the petition or resolution for formation. The terms of the first district board members shall be determined as provided in subsections (2) and (3) of this section. If a three-member district board is to be elected: Th…
At the regular district election of a radio and data district, successors to the district board members whose terms expire shall be elected as follows: In an unzoned district, if one board member is to be elected, the candidate receiving the highest vote shall be elected. If two or three board members are to be elected, the candidates receiving the first an…
A district board member of a radio and data district shall take the oath of office within 10 days after receiving the certificate of election.
The district board of a radio and data district is the governing body of the district and shall exercise all powers of the district. At its first meeting or as soon thereafter as may be practicable, the district board shall choose one of its members as president and shall appoint an administrator who need not be a member of the board. In case of the absence…
The district board members of a radio and data district may be elected by one of the following methods or a combination thereof: Elected by the electors of zones that are as nearly equal in population as possible according to the latest federal census. Elected at large by position number by the electors of the district. Candidates for election from zones …
The district board of a radio and data district shall adjust zones established within a district as necessary to make them as nearly equal in population as is feasible according to the latest federal census. The district board also shall adjust boundaries of zones as necessary to reflect boundary changes of the district. For purposes of ad valorem property …
Every radio and data district shall have power: To have and use a common seal. To sue and be sued in the name of the district. To construct, reconstruct, acquire, maintain, upgrade and operate radio and data communication facilities and equipment, including land, buildings, improvements and other property needed to maintain two-way radio and data emergenc…
At the time of formation or, after formation, through determination of the district board of a radio and data district, the district may establish a permanent rate limitation on ad valorem property taxes as prescribed in ORS 280.070. A district board may elect to impose a local option tax under ORS 280.040 to 280.145 in lieu of a permanent rate limitation. …
Except as otherwise provided in ORS 403.500 to 403.542, the moneys of a radio and data district shall be deposited, in the discretion of the district board, either with the county treasurer of the county, in accordance with subsections (2) to (4) of this section, or in one or more banks or savings and loan associations to be designated by the board. Funds de…
The district board of a radio and data district may call upon the county counsel of the county in which the district is located for advice on district business. If the district is located in more than one county, the district may by intergovernmental agreement designate the county counsel of any one county as counsel for the district. The district board may …
A radio and data district has the power to contract bonded indebtedness for the purpose of providing funds: To acquire land, rights of way and interests in land, buildings and equipment. To improve land and install facilities. To construct, reconstruct, improve, repair and furnish buildings. To acquire equipment of all types, including vehicular equipmen…
For the purpose of providing funds with which to put into effect one or any combination of the purposes authorized under ORS 403.535, the district board of a radio and data district, when authorized by a majority of those voting at an election called for that purpose, may borrow money and sell and dispose of general obligation bonds. The district board: Ma…
Whenever authorized by the electors of the district, the district board of a radio and data district may issue general obligation bonds of the district, not exceeding the principal amount stated in the notice of election and for the purpose therein named. In addition to the authority to issue general obligation bonds, a district, when authorized by a majori…
In carrying out the powers conferred by ORS 403.500 to 403.542, a radio and data district may contract with the United States or any agency thereof for the acquisition, construction, reconstruction, maintenance and operation, or any of them, of radio and data equipment and facilities or other property for use by the district. Contract provisions for repayme…