USA Statutes : oregon
Title : TITLE 19 MISCELLANEOUS MATTERS RELATED TO GOVERNMENT AND PUBLIC AFFAIRS
Chapter : Chapter 190 Cooperation of Governmental Units; State Census; Arbitration
As used in ORS
190.003 to 190.130, “unit of local government” includes a county, city,
district or other public corporation, commission, authority or entity
organized and existing under statute or city or county charter. [1967
c.550 §2] In the interest of furthering economy
and efficiency in local government, intergovernmental cooperation is
declared a matter of statewide concern. The provisions of ORS 190.003 to
190.130 shall be liberally construed. [1967 c.550 §3]A unit of local government may enter into a written agreement
with any other unit or units of local government for the performance of
any or all functions and activities that a party to the agreement, its
officers or agencies, have authority to perform. The agreement may
provide for the performance of a function or activity:

(1) By a consolidated department;

(2) By jointly providing for administrative officers;

(3) By means of facilities or equipment jointly constructed, owned,
leased or operated;

(4) By one of the parties for any other party;

(5) By an intergovernmental entity created by the agreement and
governed by a board or commission appointed by, responsible to and acting
on behalf of the units of local government that are parties to the
agreement; or

(6) By a combination of the methods described in this section.
[Amended by 1953 c.161 §2; 1963 c.189 §1; 1967 c.550 §4; 1991 c.583 §1](1) An agreement under ORS 190.010
shall specify the functions or activities to be performed and by what
means they shall be performed. Where applicable, the agreement shall
provide for:

(a) The apportionment among the parties to the agreement of the
responsibility for providing funds to pay for expenses incurred in the
performance of the functions or activities.

(b) The apportionment of fees or other revenue derived from the
functions or activities and the manner in which such revenue shall be
accounted for.

(c) The transfer of personnel and the preservation of their
employment benefits.

(d) The transfer of possession of or title to real or personal
property.

(e) The term or duration of the agreement, which may be perpetual.

(f) The rights of the parties to terminate the agreement.

(2) When the parties to an agreement are unable, upon termination
of the agreement, to agree on the transfer of personnel or the division
of assets and liabilities between the parties, the circuit court has
jurisdiction to determine that transfer or division. [Amended by 1967
c.550 §5] (1) When an agreement under ORS
190.010 has been entered into, the unit of local government, consolidated
department, intergovernmental entity or administrative officer designated
therein to perform specified functions or activities is vested with all
powers, rights and duties relating to those functions and activities that
are vested by law in each separate party to the agreement, its officers
and agencies.

(2) An officer designated in an agreement to perform specified
duties, functions or activities of two or more public officers shall be
considered to be holding only one office.

(3) An elective office may not be terminated by an agreement under
ORS 190.010. [Amended by 1967 c.550 §6; 1991 c.583 §2] (1) An intergovernmental
group may impose and collect reasonable fees based on market prices or
competitive bids for geographic data that have commercial value and are
an entire formula, pattern, compilation, program, device, method,
technique, process, database or system developed with a significant
expenditure of public funds. An intergovernmental group may enter into
agreements with private persons or entities to assist with marketing such
products. Notwithstanding any other provision of law, intergovernmental
group software product programming source codes, object codes and
geographic databases or systems are confidential and exempt from public
disclosure under ORS 192.502. Nothing in this section authorizes an
intergovernmental group to restrict access to public records through
inclusion of such records in a geographic database or system.

(2) Fees collected under subsection (1) of this section shall be
used:

(a) For maintenance of the formula, pattern, compilation, program,
device, method, technique, process, database or system; and

(b) To provide services through the formula, pattern, compilation,
program, device, method, technique, process, database or system to public
bodies paying a service charge to the intergovernmental group.

(3) As used in this section, “intergovernmental group” means two or
more units of local government that have entered into a written agreement
under ORS 190.010. [1991 c.335 §2](1) If any agreement
entered into under ORS 190.010 to 190.030 or 190.110 between or among
units of local government includes changes in service responsibility,
that agreement shall set forth any changes in tax coordination resulting
from the change in service responsibility.

(2) This section applies to agreements entered into after September
29, 1991, and before January 1, 1996. [1991 c.396 §9; 1993 c.424 §3]Note: 190.070 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 190 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(1) An
intergovernmental entity created by an intergovernmental agreement under
ORS 190.010 may, according to the terms of the agreement:

(a) Issue revenue bonds under ORS 288.805 to 288.945 or enter into
financing agreements authorized under ORS 271.390 to accomplish the
public purposes of the parties to the agreement, if after a public
hearing the governing body of each of the units of local government that
are parties to the agreement approves, by resolution or order, the
issuance of the revenue bonds or entering into the financing agreement;

(b) Enter into agreements with vendors, trustees or escrow agents
for the installment purchase or lease, with option to purchase, of real
or personal property if the period of time allowed for payment under an
agreement does not exceed 20 years; and

(c) Adopt all rules necessary to carry out its powers and duties
under the intergovernmental agreement.

(2) Except as provided in ORS 190.083, an intergovernmental entity
may not levy taxes or issue general obligation bonds.

(3) The debts, liabilities and obligations of an intergovernmental
entity shall be, jointly and severally, the debts, liabilities and
obligations of the parties to the intergovernmental agreement that
created the entity, unless the agreement specifically provides otherwise.

(4) A party to an intergovernmental agreement creating an
intergovernmental entity may assume responsibility for specific debts,
liabilities or obligations of the intergovernmental entity.

(5) Any moneys collected by or credited to an intergovernmental
entity shall not accrue to the benefit of private persons. Upon
dissolution of the entity, title to all assets of the intergovernmental
entity shall vest in the parties to the intergovernmental agreement. The
agreement creating the entity shall provide a procedure for:

(a) The disposition, division and distribution of any assets
acquired by the intergovernmental entity; and

(b) The assumption of any outstanding indebtedness or other
liabilities of the entity by the parties to the intergovernmental
agreement that created the entity.

(6) An intergovernmental entity created by intergovernmental
agreement under ORS 190.010 may be terminated at any time by unanimous
vote of all the parties to the intergovernmental agreement or as provided
by the terms of the agreement. [1991 c.583 §4; 2001 c.840 §3; 2003 c.195
§7] (1) Before
a county enters into an intergovernmental agreement creating an
intergovernmental entity to operate, maintain, repair and modernize
transportation facilities, the county shall obtain approval of the terms
and conditions of the agreement from the governing bodies of a majority
of the cities within the county.

(2) Subject to the provisions of this section, an intergovernmental
entity created to operate, maintain, repair and modernize transportation
facilities may issue general obligation bonds and assess, levy and
collect taxes in support of the purposes of the entity.

(3)(a) To carry out the purposes of an intergovernmental agreement
under this section, and when authorized at an election described in
paragraph (b) of this subsection, an intergovernmental entity created to
operate, maintain, repair and modernize transportation facilities may
borrow moneys and sell and dispose of general obligation bonds. Approval
requires an affirmative vote of a majority of the electors within the
intergovernmental entity voting in the election.

(b) If the bonds are not subject to the limitations under section
11 or 11b, Article XI of the Oregon Constitution:

(A) The proposition submitted to the electors shall provide that
the intergovernmental entity shall assess, levy and collect taxes each
year on the assessed value of all taxable property within the
intergovernmental entity for the purposes of paying the principal and
interest on the general obligation bonds;

(B) The election must comply with the voter participation
requirements of section 11 (8), Article XI of the Oregon Constitution; and

(C) Outstanding bonds may never exceed in the aggregate two percent
of the real market value of all taxable property within the entity.

(4) The governing body of an intergovernmental entity created to
operate, maintain, repair and modernize transportation facilities shall
issue the bonds from time to time as authorized by the electors of the
entity. The governing body shall issue the bonds according to the
applicable provisions of ORS chapters 287 and 288.

(5) The electors of an intergovernmental entity created to operate,
maintain, repair and modernize transportation facilities may establish a
permanent rate limit for ad valorem property taxes for the entity
pursuant to section 11 (3)(c), Article XI of the Oregon Constitution.

(6) An intergovernmental entity created to operate, maintain,
repair and modernize transportation facilities may exercise the powers
necessary to carry out the purposes of the intergovernmental agreement,
including but not limited to the authority to enter into agreements and
to expend tax proceeds and other revenues the entity receives.

(7) An intergovernmental entity created to operate, maintain,
repair and modernize transportation facilities is not a district as
defined in ORS 198.010 and is not subject to the provisions of ORS
chapter 451.

(8) An intergovernmental entity described in this section is
subject to ORS 294.305 to 294.565 for each fiscal year or budget period
in which the entity proposes to impose or imposes ad valorem property
taxes. [2001 c.840 §2; 2003 c.14 §88; 2003 c.235 §3](1) Prior to the effective date of an intergovernmental agreement
creating an intergovernmental entity, each of the parties to the
intergovernmental agreement shall enact an ordinance ratifying the
creation of the intergovernmental entity. An ordinance enacted under this
subsection shall:

(a) Declare that it is the intent of the governing body enacting
the ordinance to create an intergovernmental entity by intergovernmental
agreement;

(b) Specify the effective date of the intergovernmental agreement;

(c) Set forth the public purposes for which the intergovernmental
entity is created; and

(d) Describe the powers, duties and functions of the
intergovernmental entity.

(2) Not later than 30 days after the effective date of an
intergovernmental agreement creating an intergovernmental entity under
ORS 190.010, the parties to the intergovernmental agreement shall file
with the Secretary of State copies of the ordinances required under this
section together with a statement containing the name of the
intergovernmental entity created, the parties to the agreement, the
purpose of the agreement and the effective date of the agreement. [1991
c.583 §5](1) In performing a duty imposed upon
it, in exercising a power conferred upon it or in administering a policy
or program delegated to it, a unit of local government or a state agency
of this state may cooperate for any lawful purpose, by agreement or
otherwise, with a unit of local government or a state agency of this or
another state, or with the United States, or with a United States
governmental agency, or with an American Indian tribe or an agency of an
American Indian tribe. This power includes power to provide jointly for
administrative officers.

(2) The power conferred by subsection (1) of this section to enter
into an agreement with an American Indian tribe or an agency of an
American Indian tribe extends to any unit of local government or state
agency that is not otherwise expressly authorized to enter into an
agreement with an American Indian tribe or an agency of an American
Indian tribe.

(3) With regard to an American Indian tribe, the power described in
subsections (1) and (2) of this section includes the power of the
Governor or the designee of the Governor to enter into agreements to
ensure that the state, a state agency or unit of local government does
not interfere with or infringe on the exercise of any right or privilege
of an American Indian tribe or members of a tribe held or granted under
any federal treaty, executive order, agreement, statute, policy or any
other authority. Nothing in this subsection shall be construed to modify
the obligations of the United States to an American Indian tribe or its
members concerning real or personal property, title to which is held in
trust by the United States.

(4) A unit of local government or state agency of this state may
exclude any clause or condition required by ORS 279B.220, 279B.225,
279B.230, 279B.235, 279B.270 or 279C.500 to 279C.530 from an agreement
under subsection (1) of this section if the agreement is with:

(a) A unit of local government of another state.

(b) A state agency of another state.

(c) The United States.

(d) A United States governmental agency.

(e) An American Indian tribe.

(f) An agency of an American Indian tribe. [Amended by 1963 c.189
§2; 1967 c.550 §7; 1985 c.267 §1; 1999 c.948 §3; 2001 c.611 §1; 2003
c.794 §208]A public body as defined in ORS 174.109 may enter into an
agreement with the United States to perform security functions at a
military installation or facility in the United States and to receive
payment for performing the functions. [2003 c.6 §1]Note: 190.112 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 190 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. (1) A
state agency that enters into an agreement under ORS 190.110, 190.420 or
190.485 on or after August 16, 1999, or an agreement under ORS 190.112 or
under ORS 660.342 shall submit a summary of the agreement to the Oregon
Department of Administrative Services within the 30-day period
immediately following the effective date of the agreement.

(2) The summary required by this section must include the following
information:

(a) Names of the parties to the agreement.

(b) Date of the agreement.

(c) Subject matter of the agreement.

(d) The agency through which a person may obtain a copy of the
agreement.

(3) A state agency that is required to submit a summary of an
agreement to the department under this section shall submit the summary
through electronic means. [1999 c.948 §1; 2003 c.6 §2; 2003 c.149 §2]Note: 190.115 and 190.118 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 190 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. (1) The Oregon Department of
Administrative Services shall keep an index of summaries of agreements
into which state agencies enter under ORS 190.110, 190.112, 190.420,
190.485 or 660.342. The department shall include in the index the
information provided by state agencies under ORS 190.115.

(2) The department shall require state agencies to update
information in the index through a secure website that is protected with
a password.

(3) The department shall make the information in the index
accessible to the public through a searchable public website on the
Internet. [1999 c.948 §2; 2003 c.6 §3; 2003 c.149 §3]Note: See note under 190.115.(Water) (1) A
unit of local government established to deliver water may enter into a
written agreement with any other such unit or units of local government
for the performance of specified activities by a joint board of control
composed of the district managers of the parties to the agreement. A
joint board of control, at the direction of the parties to the agreement,
may perform any or all functions and activities under the agreement that
a party to the agreement, or its officers or agencies, has authority to
perform.

(2) A joint board of control created under this section may
undertake cooperative activities, such as:

(a) Sharing personnel;

(b) Entering into joint contracts for operations;

(c) Sharing use of equipment, facilities and fiscal resources;

(d) Preparing basin and subbasin conservation plans and other
planning functions; and

(e) Any other cooperative activity authorized by the parties to the
agreement.

(3) An agreement under this section shall specify the functions or
activities to be performed by the joint board of control and by what
means they shall be performed. The agreement shall provide that the
elected boards of the parties to the agreement must approve the operating
policy of the joint board of control. The agreement shall also provide
that the joint board of control act on behalf of the parties to the
agreement and under their policy guidance.

(4) As used in this section, “unit of local government established
to deliver water” means an irrigation district organized under ORS
chapter 545, a drainage district organized under ORS chapter 547, a
diking district organized under ORS chapter 551, a water improvement
district organized under ORS chapter 552, a water control district
organized under ORS chapter 553 or a nonprofit corporation for
irrigation, drainage, water supply or flood control organized under ORS
chapter 554. [1997 c.215 §2]
The authority granted by ORS 190.125
is in addition to any other authority and powers possessed by units of
local government established to deliver water and does not increase or
expand the authority or the powers of such units of local government
relating to water rights or water use under other state laws. [1997 c.215
§3](1) Districts that may enter into agreements with the
United States, or any agency or instrumentality thereof, under the
Watershed Protection and Flood Prevention Act, as amended (16 U.S.C.
1002), are:

(a) People’s utility districts organized under ORS chapter 261.

(b) Domestic water supply corporations organized under ORS chapter
264.

(c) Irrigation districts organized under ORS chapter 545 and ORS
548.005 to 548.120 and 548.305 to 548.715.

(d) Drainage districts organized under ORS chapter 547 and ORS
548.005 to 548.120 and 548.305 to 548.715.

(e) Diking districts organized under ORS chapter 551.

(f) Water control districts organized under ORS chapter 553.

(g) Irrigation, drainage, water supply or flood control
corporations organized under ORS chapter 554.

(2) No agreement under subsection (1) of this section that imposes
any part of the cost of a work of improvement upon a district is binding
upon the district until the project and the method of financing its costs
have been authorized in accordance with the laws that apply to that
district.

(3) This section is intended to be supplementary and in addition to
and is not intended to repeal any law authorizing this state or any
political subdivision or instrumentality thereof to make contracts with
the United States or any agency or instrumentality thereof. [1959 c.113
§§1,2,3; 1969 c.50 §2](State Obligations)(1)
The Legislative Assembly recognizes the need for intergovernmental
cooperation between the state governmental agencies located in the
various regions of the state and the local governmental agencies which
provide the state agencies necessary services such as:

(a) Fire and police protection;

(b) Sewage, water and storm drainage;

(c) Traffic and transportation facilities;

(d) Refuse disposal; and

(e) Schools, parks and zoning.

(2) In meeting this need for intergovernmental cooperation, the
Oregon Department of Administrative Services shall maintain liaison with
the various local governmental agencies which provide services to the
state agencies and may participate in the joint deliberations of the
local governments in developing plans for services which are supported or
utilized by these state agencies. [1961 c.591 §1; 1995 c.79 §69](1) The Oregon Department of Administrative
Services is authorized to pay out of the General Fund, to the extent that
moneys are available therefor, its proportionate share of the cost of
development and coordination of intergovernmental studies and plans
prepared by tax supported intergovernmental planning groups, except that
the state’s financial participation shall be limited to the planning and
coordinating of those activities and services which are supported or
utilized by the state agencies located in the various regional areas.

(2) The department is authorized to pay, from moneys appropriated
for such purposes, grants-in-aid to tax supported intergovernmental
planning groups in support of planning activities conducted by such
groups. [1961 c.591 §2; 1969 c.136 §5]
Persons who are recipients, beneficiaries or trainees in work training,
work study and work experience programs authorized by the Economic
Opportunity Act of 1964 (United States Public Law 88-452), as amended;
persons who are volunteers under section 603 of that Act; and persons
participating in the Work Incentive Program, Title IV of the Social
Security Act (United States Public Law 90-248), as amended; and persons
participating in programs of work experience and training during their
participation in such programs:

(1) Are not serving in positions in the service of the state or any
county or city for purposes of any merit system or civil service law or
of any state, county or city retirement system.

(2) Are workers covered under the state system of workers’
compensation if the recipient, beneficiary or trainee is not otherwise
covered by a federal program of insurance offering similar coverage.
[1965 c.405 §1; 1969 c.227 §1; 1975 c.107 §1; 1977 c.294 §1; 1985 c.565
§23](Furnishing of Services and Information)(1) Subject to rules prescribed by the Oregon
Department of Administrative Services, any state agency as defined in ORS
291.002 may, upon request, furnish to the federal government or a city,
county, district or other municipal corporation or political subdivision
in Oregon the same or similar services, other than materials, equipment
and supplies, having a single unit price of less than $500, furnished
under the laws of this state to other state agencies. Equipment does not
include used goods; material and supplies do not include goods produced
by the State of Oregon. The cost of the services provided under this
subsection shall be charged to the federal government, city, county,
district or other municipal corporation or political subdivision for
which the services are performed.

(2) Except as provided in subsection (3) of this section, in the
case of state agencies, the cost of services furnished pursuant to
subsection (1) of this section may be paid out of the miscellaneous
receipts account established pursuant to ORS 279A.290 for such agencies.
All moneys received by an agency in payment of such services shall be
paid into the State Treasury for deposit to the credit of the
miscellaneous receipts account established pursuant to ORS 279A.290 for
the agency furnishing the service.

(3) In the case of the Oregon Department of Administrative
Services, the cost of services furnished pursuant to subsection (1) of
this section may be advanced from the Oregon Department of Administrative
Services Operating Fund and reimbursed to the fund from the charges paid
to the department by the federal government, city, county, district or
other municipal corporation or political subdivision for which the
services are performed. [1965 c.351 §2 (2), (3); 1967 c.419 §43; 1969
c.420 §1; 1993 c.500 §6; 2003 c.794 §209]Upon request of the
federal government or a city, county, district or other municipal
corporation or political subdivision in Oregon, the Oregon Department of
Administrative Services may provide centralized accounting, data
processing, data recording and storing and other similar services for
such federal government, city, county, district or other municipal
corporation or political subdivision. The cost of the services provided
under this section may be advanced out of the Oregon Department of
Administrative Services Operating Fund and the cost thereof shall be
charged to the federal government, city, county, district or other
municipal corporation or political subdivision for which the services are
performed. [1965 c.351 §2 (1); 1967 c.454 §91; 1993 c.500 §6a](1) Notwithstanding any provision of law governing the
confidentiality or disclosure of information, a state agency may enter
into an interagency agreement with another state agency to disclose to
the other state agency a business name, address, telephone number or
state-generated common identification number or the nature of a business
or type of entity conducting the business, for the purposes of
registering businesses or updating business registration records.

(2) Notwithstanding any provision of law governing the
confidentiality or disclosure of information, a state agency receiving
information described in subsection (1) of this section from another
state agency pursuant to an interagency agreement with the other state
agency may use the information to maintain and update its records,
including posting the information on databases that are accessible by the
public, provided the original source of the information is not publicly
disclosed.

(3) As used in this section, “state agency” means the Employment
Department, the Department of Consumer and Business Services, the
Department of Justice, the Economic and Community Development Department,
the Department of Revenue and the Corporation Division of the Office of
the Secretary of State. [2003 c.749 §10; 2005 c.22 §133]Note: 190.255 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 190 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(Corrections)(1) Pursuant to ORS 190.010, 190.020 and 190.085, counties
may establish, by agreement ratified by the governing body of each county
as provided in ORS 190.085, an intergovernmental corrections entity for
the purposes of:

(a) Making application under ORS 423.525 to provide local
correctional facilities including, but not limited to, facilities funded
under ORS 423.525, including land, structures, equipment, supplies and
personnel necessary to acquire, develop, maintain and operate the local
correctional facilities; and

(b) Administering local community corrections programs and services.

(2) An intergovernmental corrections entity consists of the entire
combined territories of the counties establishing the entity.
Notwithstanding any provision in ORS chapter 190 and subject to the
provisions of this section, an intergovernmental corrections entity may
issue general obligation bonds and assess, levy and collect taxes in
support of the purposes of the entity. An intergovernmental corrections
entity is not a district for purposes of ORS chapter 198 and is not
subject to ORS chapter 451.

(3) To carry out the purposes for which the entity was established
and when authorized at an election properly called for that purpose, an
intergovernmental corrections entity may borrow money and sell and
dispose of general obligation bonds. Approval or denial of the
proposition submitted to the electors of the intergovernmental
corrections entity shall be by a majority of the electors voting in the
election. The proposition submitted to the electors shall make provision
for the assessment, levy and collection each year of taxes on the
assessed value of all taxable property within the entity to be applied
for the purposes of paying the principal and interest on the general
obligation bonds. Outstanding bonds may never exceed in the aggregate two
percent of the real market value of all taxable property within the
entity.

(4) The bonds shall be issued from time to time by the governing
body of the entity on behalf of the entity as authorized by the electors
of the entity. The bonds shall be issued in accordance with the
applicable provisions of ORS chapters 287 and 288.

(5) An intergovernmental corrections entity may impose operating
taxes by establishing a permanent rate limit under section 11 (3)(c),
Article XI of the Oregon Constitution, and the laws adopted thereunder.
An intergovernmental corrections entity may impose other ad valorem
property taxes in the manner provided by law.

(6) Local correctional facilities provided by or furnished to a
county under this section shall be considered to be jail accommodations
of the county for purposes of ORS 135.215, 137.140 and 137.330.

(7) An intergovernmental corrections entity may exercise any of the
powers granted by this section, any of the powers of an intergovernmental
entity created under ORS 190.010, 190.020 and 190.085 and any powers
necessary to effectuate the purposes for which the entity is formed.
These powers include, but are not limited to, the authority to contract
or make agreements with third parties, governmental and private, and the
authority to expend, consistent with the purposes for which the entity is
formed, any tax proceeds, general obligation bond proceeds and other
revenues received by the entity. This section and the powers granted by
it shall be construed liberally to effectuate its purposes. [1996 c.4 §9;
1997 c.541 §340]Note: 190.265 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 190 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.INTERSTATE COOPERATION As used in ORS
190.410 to 190.440, “public agency” includes:

(1) Any county, city, special district or other public corporation,
commission, authority or entity organized and existing under laws of this
state, or any other state, or under the city or county charter of any
county or city of this or any other state;

(2) Any agency of this state or any other state; and

(3) Oregon Health and Science University. [1969 c.390 §1; 1997
c.126 §1; 1999 c.291 §30](1) Any power or powers, privileges or authority exercised or
capable of exercise by a public agency in this state may be exercised and
enjoyed jointly with any public agency in another state to the extent
that the laws of the other state permit such joint exercise or enjoyment.

(2) Public agencies in this state and in another state may enter
into agreements with one another for joint or cooperative action. Such
action must be recorded by ordinance, resolution or in other lawful
manner by the governing bodies of the participating public agencies.

(3) An agreement under subsection (2) of this section must specify
its duration, the organization, composition and nature of any separate
legal or administrative entity created to exercise the functions agreed
upon, the purpose of the agreement, the method of financing the joint or
cooperative undertaking, the methods to be employed to terminate the
agreement, and any other necessary and proper matters.

(4) No agreement under subsection (2) of this section shall relieve
any public agency of any obligation or responsibility imposed on it by
law.

(5) Notwithstanding subsection (4) of this section, a public agency
in this state may exclude from an agreement under subsection (2) of this
section any clause or condition required by ORS 279B.220, 279B.225,
279B.230, 279B.235, 279B.270 or 279C.500 to 279C.530. [1969 c.390 §2;
1999 c.948 §4; 2003 c.794 §210] (1)
Every agreement made by an agency of this state under ORS 190.112,
190.420 or 660.342 shall be submitted to the Attorney General before
taking effect. The Attorney General shall determine whether the agreement
is in proper form and compatible with the laws of this state. If the
Attorney General determines that the agreement is in some instance
improper, the Attorney General shall give written notice to the state
agency concerning the specific respects in which the agreement fails to
comply with law. The Attorney General’s failure to give notice within 30
days of submission of the agreement to the Attorney General constitutes
approval of the agreement.

(2) The Attorney General may exempt agreements, including classes
of agreements and form agreements, from the requirements of subsection
(1) of this section.

(3) As used in this section, “agency of this state” and “state
agency” mean any officer, board, commission, department, division or
institution in the executive or administrative branch of state
government. [1969 c.390 §3; 1993 c.72 §1; 2001 c.68 §1; 2003 c.6 §4; 2003
c.149 §4; 2005 c.197 §1] Any public agency
entering into an agreement under ORS 190.410 to 190.440 may expend funds
and may sell, lease, give or otherwise supply the administrative board of
other legal or administrative entity that operates the joint or
cooperative undertaking by providing such personnel or services therefor
as may be within its legal power to furnish. [1969 c.390 §4]The Council of State Governments is a joint governmental agency
of this state and of the other states which cooperate through it.
[Formerly 189.100] A
full-time, fully compensated police officer commissioned by the State of
Washington, Idaho or California or any full-time, fully compensated
police officer commissioned by a unit of local government of the State of
Washington, Idaho or California may exercise any authority that the
officer’s commission vests in the officer throughout the territorial
bounds of Oregon if the officer is acting pursuant to a mutual law
enforcement assistance agreement between a law enforcement agency of the
neighboring state and a law enforcement agency of Oregon. [1997 c.855 §1]Note: 190.472 to 190.478 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 190 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. When an officer
exercises the authority granted by ORS 190.472, the officer shall submit,
as soon as is practicable, a report concerning the incident to the law
enforcement agency in Oregon having primary jurisdiction over the
geographic area in which the incident occurred. The law enforcement
agency to whom the report is submitted may establish a reporting
procedure to be used in making a report under this section. [1997 c.855
§2]Note: See note under 190.472.(1) An officer exercising authority under ORS 190.472 is
subject to the supervisory control of and limitations imposed by the
commissioning agency. However, the commissioning agency may temporarily
delegate supervision of the officer to another law enforcement agency.

(2) Any liability or claim of liability that arises out of the
exercise of authority under ORS 190.472 by an officer acting within the
course and scope of the officer’s duties under ORS 190.472 is the
responsibility of the commissioning agency unless:

(a) The officer acts under the direction and control of another
agency; or

(b) The liability or claim of liability is otherwise allocated
under a written agreement between the commissioning agency and another
agency.

(3) All of the privileges and immunities from liability, exemption
from laws, ordinances and rules, and all pension, relief, disability,
workers’ compensation insurance and other benefits that apply to the
activities of officers when performing their duties within the
territorial limits of their commissioning agencies apply to them and to
their commissioning agencies to the same degree and extent while the
officers exercise authority under ORS 190.472.

(4) As used in this section, “commissioning agency” means the
agency for whom the officer is employed full-time and by whom the officer
is compensated. [1997 c.855 §3]Note: See note under 190.472.ORS 190.472 does not confer on
federal officers, as defined in ORS 133.005, any additional powers. The
powers of federal officers are limited to those powers conferred by other
laws. [1997 c.855 §4]Note: See note under 190.472.INTERNATIONAL COOPERATION As used in ORS
190.480 to 190.490, “state agency” or “agency” means every state officer,
board, commission, department, institution, branch or agency of state
government whose costs are paid wholly or in part from funds held in the
State Treasury. [1991 c.137 §1]Note: 190.480 to 190.490 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 190 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.(1) Any power or powers, privileges or authority exercised or
capable of exercise by a state agency in this state may be exercised and
enjoyed jointly with a nation or a public agency in any nation other than
the United States, to the extent that the laws of the United States and
of the other nation do not prohibit such joint exercise or enjoyment.

(2) A state agency may enter into an agreement with another nation
or public agency of another nation for joint and cooperative action.

(3) An agreement described in subsection (2) of this section must
specify its duration, the organization, composition and nature of any
separate legal or administrative entity created to exercise the functions
agreed upon, the purpose of the agreement, the method of financing the
joint or cooperative undertaking, the methods to be employed to terminate
the agreement and other necessary and proper matters.

(4) No agreement described in subsection (2) of this section shall
relieve any state agency of any obligation or responsibility imposed upon
it by the laws of this state or of the United States.

(5) Notwithstanding subsection (4) of this section, a state agency
may exclude from an agreement under subsection (2) of this section any
clause or condition required by ORS 279B.220, 279B.225, 279B.230,
279B.235, 279B.270 or 279C.500 to 279C.530. [1991 c.137 §2; 1999 c.948
§5; 2003 c.794 §211]Note: See note under 190.480.(1) Every agreement entered into under ORS
190.485 shall be submitted to the Attorney General before taking effect.
The Attorney General shall determine whether the agreement is in proper
form and compatible with the laws of this state. If the Attorney General
determines that the agreement is improper in some respect, the Attorney
General shall give written notice to the state agency concerning the
specific respects in which the agreement fails to comply with law.
Failure of the Attorney General to give such notice to the state agency
within 30 days of submission of the agreement to the Attorney General’s
office shall constitute approval of the agreement. The Attorney General
may exempt certain agreements, classes of agreements or form agreements
from the requirement that the agreement be approved by the Attorney
General before taking effect.

(2) The state agency shall file any agreement made under ORS
190.485 with the Oregon Department of Administrative Services within 30
days of the effective date of the agreement. The department may adopt
rules necessary for the administration of this subsection.

(3) This section does not apply to the Legislative Assembly, the
courts and their officers and committees, the Secretary of State and the
State Treasurer in the performance of the duties of their constitutional
offices and the Public Defense Services Commission. [1991 c.137 §3; 2003
c.449 §33]Note: See note under 190.480.STATE CENSUS As used in ORS
190.510 to 190.610, unless the context requires otherwise:

(1) “Board” means the State Board of Higher Education established
under ORS 351.010.

(2) “City” means any incorporated city or town. [Formerly 221.845;
1965 c.207 §1](1) The State Board of
Higher Education shall:

(a) Annually estimate the population as of July 1 of each city and
county within the state and no later than December 15 of each year
prepare a certificate of population showing the board’s estimate of the
population of each city and county within the state as of July 1. The
board’s estimate may be based upon statistical or other pertinent data or
upon an actual count. The certificate shall also indicate the results of
any enumeration of cities or annexed areas made after July 1.

(b) Annually estimate the number of persons between the ages of 4
and 20 who resided in each county as of October 25. The board shall
certify such estimate to the Superintendent of Public Instruction and to
the executive officer of the administrative office of each county, as
defined in ORS 328.001, by January 1 of each year.

(c) Upon an official request from a city, county, political
subdivision, public corporation or state agency, cause to be conducted at
the expense of the requesting party an actual count of the population of
the area specified in the request and prepare a certificate of population
based upon such count.

(d) Upon the incorporation of a city, cause to be conducted at the
expense of the city an actual count of the population of the city. The
board shall prepare a certificate of population based upon such count. If
the election of officers of the newly incorporated city is held 40 days
or more before the end of the calendar quarter, the certificate shall be
prepared before the end of the calendar quarter. If the election is held
less than 40 days before the end of the calendar quarter, the certificate
shall be prepared before the end of the calendar quarter next following
the election.

(2) All certificates prepared under this section shall be filed
with the Center for Population Research and Census. [Formerly 221.850;
1963 c.312 §1; 1971 c.294 §11; 1993 c.98 §12; 2003 c.14 §89] Upon petition from a city,
county, political subdivision, public corporation or state agency for
reconsideration, or upon its own motion, the State Board of Higher
Education may revise its determination of the population of a city,
county or other area. Payment of funds to a city, county or other area
under ORS 323.455, 366.785 to 366.820 or 471.810 shall be affected by a
subsequent filing of a corrected certificate under this section in the
manner provided by ORS 190.620. [Formerly 221.855; 1963 c.312 §2; 1971
c.222 §2](1) The population shown in the certificate of
population of the State Board of Higher Education filed pursuant to ORS
190.520 or 190.530 shall be the official population of the city, county
or other area covered by the certificate until a later certificate
covering such city, county or other area is filed by the board.

(2) After a certificate of population is filed pursuant to ORS
190.520 or 190.530, the population of a city, county or other area as
shown in the certificate shall be the official and exclusive basis for
determining per capita allocation and payment of funds to such city,
county or other area under ORS 366.785 to 366.820 and 471.810 until the
filing by the board of a later certificate for such city, county or other
area. [Formerly 221.860; 1961 c.259 §1; 1963 c.312 §3; 1967 c.577 §6] The State Board of Higher Education
may adopt such rules and regulations as it considers desirable and
expedient in the conduct of its duties under ORS 190.510 to 190.610.
[Formerly 221.880] Any state agency, or
officer thereof, and any city, or department, officer or employee
thereof, shall, upon request of the State Board of Higher Education,
furnish such available information as may be required by the board in
securing accurate data and information upon which to base its estimates.
The board may prescribe the form for reporting such information.
[Formerly 221.885]The State Board of Higher Education shall establish a program
at one or more of the institutions under its control, designed to perform
the duties imposed upon it by ORS 190.510 to 190.610. [1965 c.207 §6](1) Whenever a corrected certificate of
census is filed and the correction is such that payment of funds under
ORS 323.455, 366.785 to 366.820 or 471.810 was more or less than the
city, county or other area would have been entitled, the payment shall be
corrected in the distribution of funds next following the erroneous
distribution. In computing the corrected distribution, the amount due any
city or county or other area under the corrected certificate shall be
distributed first, and the amounts payable that would otherwise be
distributed shall be adjusted accordingly.

(2) The provisions of subsection (1) of this section shall apply to
all distributions made after December 31, 1970, if a corrected
certificate has been filed prior to the distribution next following the
erroneous distribution. If the corrected certificate is not filed before
the distribution next following the erroneous distribution, no
adjustments are required and the corrected certificate shall affect only
those distributions made after the corrected certificate is filed. [1971
c.222 §1]INTERGOVERNMENTAL ARBITRATION As used in ORS
190.710 to 190.800:

(1) “Association” means the American Arbitration Association.

(2) “Local government” means a city, county, special district or
other public corporation, commission, authority or entity organized under
state statute or city or county charter.

(3) “State agency” means any state board, commission, department or
division. [1981 c.857 §1] (1) Disputes between a state
agency or local government and another state agency or local government,
including disputes relating to the title to real estate, may, if the
parties agree, be submitted to the award of an arbitrator of the American
Arbitration Association. The agreement may not be rescinded after the
notice of intent to arbitrate has been mailed to the association.

(2) Costs of arbitration shall be assessed to the parties as
provided by the commercial arbitration rules of the association. [1981
c.857 §§2,12] The parties shall submit to
the northwest regional office of the American Arbitration Association:

(1) Duplicate copies of a notice of intention to arbitrate;

(2) Duplicate copies of each party’s statement of the nature of the
dispute, the amount of money involved, if any, and the remedy sought; and

(3) The administrative fee required by the association. [1981 c.857
§3] Except as otherwise provided in ORS
190.710 to 190.800, an arbitration proceeding shall be conducted under
the commercial arbitration rules of the American Arbitration Association
as they existed on January 1, 1981. [1981 c.857 §4] (1) Arbitrator candidates shall
be selected from a list of candidates provided by the American
Arbitration Association.

(2) The association shall make an initial screening for bias as may
be appropriate and shall require a candidate for a particular case to
complete a current personal disclosure statement under oath. In addition
to other relevant information, the statement shall disclose the present
residence and immediate prior residence of the candidate, any prior
association with any of the parties and any personal acquaintance with
counsel for the parties. If the statement reveals facts which suggest the
possibility of bias, the association shall communicate those facts to the
parties. The arbitrator shall then be appointed in accordance with the
rules of the association. [1981 c.857 §5] (1) The arbitrator shall
regulate the hearing in accordance with the rules of the American
Arbitration Association except that:

(a) The arbitrator shall take an oath of office.

(b) Testimony shall be taken under oath.

(c) After the first witness is sworn, an arbitrator may not be
disqualified for bias.

(2) The arbitrator may call a neutral expert on the arbitrator’s
own motion, which expert witness shall be subject to cross-examination by
the parties. The cost of the expert witness is part of the cost of the
proceeding. [1981 c.857 §6] The arbitrator may, and shall, upon
application by a party to the proceeding, issue a subpoena requiring a
person to appear and be examined with reference to a matter within the
scope of the proceeding, and to produce books, records or papers
pertinent to the proceeding. In case of disobedience to the subpoena, the
party requesting it may petition the circuit court of the county in which
the witness resides or the circuit court of the county in which the
inquiry is being held to require compliance with the subpoena. The
circuit court, in case of refusal to obey a subpoena, may issue an order
requiring the person to appear and to produce books, records and papers
and give evidence on the matter in question. Failure to obey the order of
the court may be punished by the court as contempt. [1981 c.857 §7] On application of a party to the arbitration,
the arbitrator may order the deposition of a witness to be taken for use
as evidence and not for discovery if the witness cannot be compelled to
attend the hearing or if exceptional circumstances exist making it
desirable. [1981 c.857 §8](1) The arbitrator may grant any relief deemed appropriate.

(2) The arbitrator may order submission of written briefs within 30
days after the close of hearings. In addition to a brief, each party may
summarize the evidence and propose an award.

(3) The arbitrator shall issue a written opinion and award within
30 days after the close of the hearing or the receipt of briefs, if
ordered.

(4) Damages or other remedies shall be without limitation as to
nature or amount unless otherwise provided by law.

(5) A party may file a petition with a court for confirmation of
the award as provided in ORS 36.700. If the dispute involves real
property, the award must be filed in the county or counties in which the
property is located. [1981 c.857 §§9, 10; 1985 c.496 §23; 2003 c.598 §35] A party may
petition a court for vacation, modification or correction of an
arbitration award under ORS 190.790 in the manner provided by ORS 36.705
and 36.710. The court may vacate an award only if there is a basis to
vacate the award described in ORS 36.705 (1)(a) to (d). The court may
modify or correct an award only for the grounds given in ORS 36.710.
[1981 c.857 §11; 2003 c.598 §36]

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