Chapter 190 — Cooperation of Governmental Units; State Census; Arbitration

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2001 EDITION

INTERGOVERNMENTAL COOPERATION

190.003 Definitions for ORS 190.003 to 190.130. 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]

190.007 Policy; construction. 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]

190.010 Authority of local governments to make intergovernmental agreement. 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]

190.020 Contents of agreement. (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.

(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]

190.030 Effect of agreement. (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]

190.040 [Amended by 1953 c.182 §2; 1957 c.428 §1; repealed by 1963 c.189 §3]

190.050 Fees for geographic data; uses. (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, data base 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 data bases 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 data base 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, data base or system; and

(b) To provide services through the formula, pattern, compilation, program, device, method, technique, process, data base 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]

190.070 Agreement changing service responsibilities requires changes in tax coordination resulting from change. (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.

190.080 Powers of intergovernmental entity created by intergovernmental agreement; limits; debts of entity are debts of parties to agreement; procedure for distribution of assets. (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 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;

(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

(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]

190.083 County agreements for transportation facilities. (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) Notwithstanding ORS 190.080 and 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. [2001 c.840 §2]

190.085 Ordinance ratifying intergovernmental agreement creating entity. (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;

(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]

190.110 Authority of units of local government and state agencies to cooperate; agreements with American Indian tribes; exclusion of conditions for public contracts. (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 279.312, 279.313, 279.314, 279.316, 279.318, 279.319, 279.320 or 279.555 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.

(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]

190.115 Summaries of agreements of state agencies; contents. (1) A state agency that enters into an agreement under ORS 190.110, 190.420 or 190.485 on or after August 16, 1999, 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) A state agency that, before August 16, 1999, entered into an agreement under ORS 190.110, 190.420 or 190.485 that will be in effect 90 days after August 16, 1999, shall submit a summary of the agreement to the department within 90 days following August 16, 1999.

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

(a) Names of the parties to the agreement.

(b) Date of the agreement.

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

(4) 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]

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.

190.118 Index of summaries. (1) The Oregon Department of Administrative Services shall keep an index of summaries of agreements into which state agencies enter under ORS 190.110, 190.420 or 190.485. 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]

Note: See note under 190.115.

190.120 [1955 c.164 §1; 1959 c.662 §3; 1961 c.108 §8; renumbered 297.910]

190.125 Agreements to deliver water; joint board of control. (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;

(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]

190.130 Effect of ORS 190.125. 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]

190.150 Agreements under federal Watershed Protection and Flood Prevention Act. (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.

(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]

190.210 Oregon Department of Administrative Services to maintain liaison with local governments providing services to state agencies. (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;

(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]

190.220 State to pay share of cost of intergovernmental and planning studies; limitation. (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]

190.230 Public employment status of certain persons under various federal programs. 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]

190.240 Furnishing of services by state agency to federal and local governmental units. (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 279.833 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 279.833 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]

190.250 Furnishing centralized accounting and data processing services to federal and local governmental units. 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]

190.260 [Formerly 297.920; repealed by 1967 c.454 §119]

190.265 Intergovernmental corrections entities; purposes; powers; bonds; taxes. (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.

190.310 [1967 c.165 §1; repealed by 1993 c.389 §1]

190.320 [1967 c.165 §2; 1969 c.80 §27; repealed by 1993 c.389 §1]

190.330 [1967 c.165 §3; 1969 c.80 §28; 1975 c.605 §13; repealed by 1993 c.389 §1]

190.340 [1967 c.165 §4; 1969 c.80 §29; repealed by 1993 c.389 §1]

INTERSTATE COOPERATION

190.410 Definitions for ORS 190.410 to 190.440. 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]

190.420 Authority of public agency to make agreements with public agencies in other states; content of agreement; liability of public agency. (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 279.312, 279.313, 279.314, 279.316, 279.318, 279.319, 279.320 or 279.555. [1969 c.390 §2; 1999 c.948 §4]

190.430 Attorney General to review agreements; exemptions. (1) Every agreement made by an agency of this state under ORS 190.420 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. Failure to give such notice within 30 days of submission of the agreement to the Attorney General shall constitute approval of the agreement.

(2) The Attorney General may exempt research agreements or student faculty exchanges 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]

190.440 Powers of public agency under agreement. 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]

190.470 Council of State Governments declared a joint governmental agency. 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]

190.472 Mutual interstate law enforcement assistance agreements. 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.

190.474 Reports by out-of-state police officers. 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.

190.476 Delegation of supervision of police officers; agency liability. (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.

190.478 Effect on federal officers. 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

190.480 Definition for ORS 190.480 to 190.490. 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.

190.485 Authority of state agency to exercise authority jointly with nation or national agency of other than United States; content of agreements. (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 279.312, 279.313, 279.314, 279.316, 279.318, 279.319, 279.320 or 279.555. [1991 c.137 §2; 1999 c.948 §5]

Note: See note under 190.480.

190.490 Approval of agreement by Attorney General; filing of agreement; exemptions; rules. (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. [1991 c.137 §3]

Note: See note under 190.480.

STATE CENSUS

190.510 Definitions for ORS 190.510 to 190.610. 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]

190.520 Annual estimate of population of cities and counties by State Board of Higher Education; actual count. The State Board of Higher Education shall:

(1) 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.

(2) 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.

(3) 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.

(4) 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.

(5) 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]

190.530 Revision of certificate; effect. 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]

190.540 Effect of certificate of population; use in computing shares of state revenues. (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]

190.550 [Formerly 221.865; repealed by 1965 c.207 §7]

190.560 [Formerly 221.870; repealed by 1965 c.207 §7]

190.570 [Formerly 221.875; repealed by 1965 c.207 §7]

190.580 Rules and regulations. 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]

190.590 Reporting information to board. 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]

190.600 [Formerly 221.890; repealed by 1963 c.115 §2]

190.610 Board to establish program at state institution of higher education. 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]

190.620 Effect of corrected certificate on payments to cities or counties; adjustment of payments. (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

190.710 Definitions for ORS 190.710 to 190.800. 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]

190.720 Agreement to arbitrate; costs. (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]

190.730 Submission to regional office. 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]

190.740 Arbitration rules. 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]

190.750 Selection of arbitrators. (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]

190.760 Procedure during arbitration. (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.

(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]

190.770 Subpoena procedure. 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]

190.780 Depositions. 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]

190.790 Relief; briefs; opinion; damages; filing of award. (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) The award shall be filed with a clerk as provided by ORS 36.350. If the dispute involves real property, the award shall be filed in the county or counties in which the property is located. [1981 c.857 §§9, 10; 1985 c.496 §23]

190.800 Exceptions to award and appeal. Exceptions to the award and appeal from a judgment on the award shall be taken as provided by ORS 36.355 to 36.365. [1981 c.857 §11]

190.900 [1985 c.595 §4; renumbered 658.630 in 1987]