Chapter 190 — Chapter 190

ORS 190.003 Definition 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]

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ORS 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]

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ORS 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

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ORS 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

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ORS 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

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ORS 190.035 Authority to obtain benefits. (1) An intergovernmental entity created by a written agreement pursuant to ORS 190.010 may apply for or otherwise seek to obtain any benefits of any kind from any public or private entity that any unit of local government, or American Indian tribe, that is a party to the written agreement may apply for or otherwise seek to obtain

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ORS 190.040 [Amended by 1953 c.182 §2; 1957 c.428 §1; repealed by 1963 c.189 §3]

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ORS 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, 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 192.355. 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

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ORS 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

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ORS 190.080 Powers of intergovernmental entity created by intergovernmental agreement; limits; debts of entity; procedure for distribution of assets; rules. (1) An intergovernmental entity created by an intergovernmental agreement under ORS 190.010 may, according to the terms of the agreement

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ORS 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

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ORS 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

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ORS 190.088 Alternative intergovernmental entity for transportation; board of directors; powers and authorities; procedure; city and county oversight; tax zones. (1) Subject to the provisions of this section, an intergovernmental entity created to operate, maintain, repair and modernize transportation facilities and that qualifies as a designated recipient of funding for transit operations from the Federal Transit Administration may issue general obligation bonds and assess, levy and collect ad valorem property taxes, including operating taxes and local option taxes, in support of the purposes of the entity. Taxes authorized as prescribed in this section may be imposed throughout the territory of the units of local government that make up the entity, or only in tax zones within the territory that are established as prescribed in this section

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ORS 190.091 Board of directors duties; city and county mediation. (1) The board of directors of an intergovernmental entity described in ORS 190.088 shall perform all of the following

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ORS 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

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ORS 190.112 Agreements with United States to perform security functions. 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]

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ORS 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, or an agreement under ORS 190.112 or under ORS 660.334 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

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ORS 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, 190.112, 190.420, 190.485 or 660.334. The department shall include in the index the information provided by state agencies under ORS 190.115

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

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ORS 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

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ORS 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]

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ORS 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

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ORS 190.155 [2007 c.97 §1; renumbered 402.200 in 2009]

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ORS 190.156 [2007 c.97 §2; 2009 c.718 §34; renumbered 402.205 in 2009]

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ORS 190.158 [2007 c.97 §3; renumbered 402.210 in 2009]

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ORS 190.160 [2007 c.97 §4; renumbered 402.215 in 2009]

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ORS 190.162 [2007 c.97 §5; renumbered 402.220 in 2009]

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ORS 190.164 [2007 c.97 §6; renumbered 402.225 in 2009]

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ORS 190.166 [2007 c.97 §7; renumbered 402.230 in 2009]

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ORS 190.168 [2007 c.97 §8; renumbered 402.235 in 2009]

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ORS 190.170 [2007 c.97 §9; renumbered 402.240 in 2009]

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ORS 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

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ORS 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

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ORS 190.230 Public employment status 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

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ORS 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

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ORS 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]

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ORS 190.255 State agencies’ sharing of business registration information. (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

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

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ORS 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

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ORS 190.275 Public Law 280 jurisdiction retrocession. (1) As used in this section, “P.L. 280 jurisdiction” means the authority granted to this state over specific criminal and civil matters in a federally recognized Indian tribe located in this state, under Public Law 280, codified at 18 U.S.C. 1162 and 25 U.S.C. 1321, and pursuant to

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

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

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

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

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ORS 190.410 Definition for ORS 190.410 to 190.440. As used in ORS 190.410 to 190.440, “public agency” includes

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ORS 190.420 Authority of public agency to make agreements with public agencies in other states; contents 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

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ORS 190.430 Attorney General to review agreements; exemptions. (1) Every agreement made by an agency of this state under ORS 190.112, 190.420 or 660.334 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

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ORS 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]

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ORS 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]

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ORS 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]

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