Relating to declarations of emergency; prescribing an effective date.
Summary
SB 368 changes Oregon law governing declarations of a state of emergency. Under current law, the Governor may declare an emergency and terminate it when the emergency ends; this bill would impose a default 30-day limit on any emergency declaration unless the Legislative Assembly extends it by joint resolution. The measure allows the Legislature to keep extending an emergency in successive 30-day increments without a cap on the number of extensions, but each extension must be limited to 30 days.
The bill also preserves the Governor’s authority to declare and end emergencies, while adding a process for continuity if the Governor cannot be reached. In that circumstance, the Secretary of State, or if unavailable the State Treasurer, may declare the emergency, with the declaration having the same force as one made by the Governor unless the Governor affirmatively sets it aside within 24 hours of being reached. The bill requires emergency declarations to specify a geographic area no larger than necessary to address the emergency and directs counties to establish procedures for transmitting city requests for emergency declarations.
Impact
SB 368 would amend ORS 401.165 and 401.204 to shorten the maximum duration of an emergency declaration to 30 days unless extended by the Legislative Assembly, and to require legislative action for continued emergency authority. It would also formalize backup authority for the Secretary of State or State Treasurer when the Governor is unavailable, and it would add procedural requirements for county and city requests, geographic scope limitations, and legislative extension mechanics. The bill would take effect on the 91st day after adjournment sine die of the 2025 regular session.
Sentiment
No committee transcripts or recorded votes were provided, so there is no direct evidence of support or opposition from hearings or floor action. Based on the text alone, the bill appears to reflect a policy preference for tighter legislative oversight of emergency powers and more frequent renewal of emergency declarations. The measure’s structure suggests an effort to balance executive flexibility with legislative control rather than to eliminate emergency authority altogether.
Contention
The main point of contention is likely to be the shift in power from the Governor to the Legislative Assembly by requiring 30-day renewals for continued emergency declarations. Supporters would likely view this as an accountability measure that prevents open-ended emergencies, while opponents may argue it could slow response times or create uncertainty during prolonged disasters. Another possible area of debate is the backup-declaration process involving the Secretary of State or State Treasurer, which expands who may act when the Governor is unavailable and could raise questions about executive succession and emergency continuity.