71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 2425
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Representative Lane
Shetterly for Oregon Law Commission)
CHAPTER ................
AN ACT
Relating to terminology used for public bodies in Oregon Revised
Statutes.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Effect of definitions. (1) As used in the
statutes of this state, a term defined in sections 1 to 9 of this
2001 Act has the meaning provided by sections 1 to 9 of this 2001
Act only if the statute using the term makes specific reference
to the provision of sections 1 to 9 of this 2001 Act that defines
the term and indicates that the term has the meaning specified in
that provision.
(2) Nothing in sections 1 to 9 of this 2001 Act affects the
meaning of any statute that uses one or more of the terms defined
in sections 1 to 9 of this 2001 Act and that is in effect on the
effective date of this 2001 Act. Nothing in sections 1 to 9 of
this 2001 Act affects the meaning of any statute that uses one or
more of the terms defined in sections 1 to 9 of this 2001 Act and
that is enacted after the effective date of this 2001 Act unless
the statute makes specific reference to the provision of sections
1 to 9 of this 2001 Act that defines the term and indicates that
the term has the meaning specified in that provision.
(3) None of the terms defined in sections 1 to 9 of this 2001
Act includes the Oregon Health Sciences University, the Oregon
State Bar, any intergovernmental entity formed by a public body
with another state or with a political subdivision of another
state, or any intergovernmental entity formed by a public body
with an agency of the federal government. + }
SECTION 2. { + ' Public body' defined. Subject to section 1
of this 2001 Act, as used in the statutes of this state 'public
body' means state government bodies, local government bodies and
special government bodies. + }
SECTION 3. { + ' State government' defined. Subject to
section 1 of this 2001 Act, as used in the statutes of this state
'state government' means the executive department, the judicial
department and the legislative department. + }
SECTION 4. { + ' Executive department' defined. (1) Subject
to section 1 of this 2001 Act, as used in the statutes of this
state ' executive department' means all statewide elected
officers other than judges, and all boards, commissions,
departments, divisions and other entities, without regard to the
designation given to those entities, that are within the
Enrolled House Bill 2425 (HB 2425-INTRO) Page 1
executive department of government as described in section 1,
Article III of the Oregon Constitution, and that are not:
(a) In the judicial department or the legislative department;
(b) Local governments; or
(c) Special government bodies.
(2) Subject to section 1 of this 2001 Act, as used in the
statutes of this state 'executive department' includes:
(a) An entity created by statute for the purpose of giving
advice only to the executive department and that does not have
members who are officers or employees of the judicial department
or legislative department;
(b) An entity created by the executive department for the
purpose of giving advice to the executive department, if the
document creating the entity indicates that the entity is a
public body; and
(c) Any entity created by the executive department other than
an entity described in paragraph (b) of this subsection, unless
the document creating the entity indicates that the entity is not
a governmental entity or the entity is not subject to any
substantial control by the executive department. + }
SECTION 5. { + ' Judicial department' defined. (1) Subject to
section 1 of this 2001 Act, as used in the statutes of this state
' judicial department' means the Supreme Court, the Court of
Appeals, the Oregon Tax Court, the circuit courts and all
administrative divisions of those courts, whether denominated as
boards, commissions, committees or departments or by any other
designation.
(2) Subject to section 1 of this 2001 Act, as used in the
statutes of this state 'judicial department' includes:
(a) An entity created by statute for the purpose of giving
advice only to the judicial department and that does not have
members who are officers or employees of the executive department
or legislative department;
(b) An entity created by the judicial department for the
purpose of giving advice to the judicial department, if the
document creating the entity indicates that the entity is a
public body; and
(c) Any entity created by the judicial department other than an
entity described in paragraph (b) of this subsection, unless the
document creating the entity indicates that the entity is not a
governmental entity or the entity is not subject to any
substantial control by the judicial department. + }
SECTION 6. { + ' Legislative department' defined. (1) Subject
to section 1 of this 2001 Act, as used in the statutes of this
state ' legislative department' means the Legislative Assembly,
the committees of the Legislative Assembly and all administrative
divisions of the Legislative Assembly and its committees, whether
denominated as boards, commissions or departments or by any other
designation.
(2) Subject to section 1 of this 2001 Act, as used in the
statutes of this state 'legislative department' includes:
(a) An entity created by statute for the purpose of giving
advice only to the legislative department and that does not have
members who are officers or employees of the executive department
or judicial department;
(b) An entity created by the legislative department for the
purpose of giving advice to the legislative department, but that
is not created by statute, if the document creating the entity
indicates that the entity is a public body; and
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(c) Any entity created by the legislative department by a
document other than a statute and that is not an entity described
in paragraph (b) of this subsection, unless the document creating
the entity indicates that the entity is not a governmental entity
or the entity is not subject to any substantial control by the
legislative department. + }
SECTION 7. { + ' Local government' and 'district' defined.
(1)(a) Subject to section 1 of this 2001 Act, as used in the
statutes of this state 'local government' means all cities,
counties and districts located in this state, and all
administrative subdivisions of those cities, counties and
districts.
(b) Subject to section 1 of this 2001 Act, as used in the
statutes of this state 'local government' includes:
(A) An entity created by statute, ordinance or resolution for
the purpose of giving advice only to a local government;
(B) An entity created by local government for the purpose of
giving advice to local government and that is not created by
ordinance or resolution, if the document creating the entity
indicates that the entity is a public body; and
(C) Any entity created by local government other than an entity
described in subparagraph (B) of this paragraph, unless the
ordinance, resolution or other document creating the entity
indicates that the entity is not a governmental entity or the
entity is not subject to any substantial control by local
government.
(2) Subject to section 1 of this 2001 Act, as used in the
statutes of this state 'district' means:
(a) An economic improvement district created under ORS 223.112
to 223.132.
(b) A people's utility district organized under ORS chapter
261.
(c) A domestic water supply district organized under ORS
chapter 264.
(d) A cemetery maintenance district organized under ORS chapter
265.
(e) A park and recreation district organized under ORS chapter
266.
(f) A mass transit district organized under ORS 267.010 to
267.390.
(g) A transportation district organized under ORS 267.510 to
267.650.
(h) A metropolitan service district organized under ORS chapter
268.
(i) A translator district organized under ORS 354.605 to
354.715.
(j) A library district organized under ORS 357.216 to 357.286.
(k) A county road district organized under ORS 371.055 to
371.110.
(L) A special road district organized under ORS 371.305 to
371.360.
(m) A road assessment district organized under ORS 371.405 to
371.535.
(n) A highway lighting district organized under ORS chapter
372.
(o) A 9-1-1 communications district organized under ORS 401.807
to 401.857.
(p) A health district organized under ORS 440.305 to 440.410.
(q) A sanitary district organized under ORS 450.005 to 450.245.
Enrolled House Bill 2425 (HB 2425-INTRO) Page 3
(r) A sanitary authority, water authority or joint water and
sanitary authority organized under ORS 450.600 to 450.989.
(s) A county service district organized under ORS chapter 451.
(t) A vector control district organized under ORS 452.020 to
452.170.
(u) A rural fire protection district organized under ORS
chapter 478.
(v) A geothermal heating district organized under ORS chapter
523.
(w) An irrigation district organized under ORS chapter 545.
(x) A drainage district organized under ORS chapter 547.
(y) A diking district organized under ORS chapter 551.
(z) A water improvement district organized under ORS chapter
552.
(aa) A water control district organized under ORS chapter 553.
(bb) A district improvement company or a district improvement
corporation organized under ORS chapter 554.
(cc) A weather modification district organized under ORS
558.200 to 558.440.
(dd) A soil and water conservation district organized under ORS
568.210 to 568.808 and 568.900 to 568.933.
(ee) A weed control district organized under ORS 570.505 to
570.575.
(ff) A port organized under ORS 777.005 to 777.725 and 777.915
to 777.953.
(gg) The Port of Portland created under ORS 778.010. + }
SECTION 8. { + ' Special government body' defined. (1)
Subject to section 1 of this 2001 Act, as used in the statutes of
this state 'special government body' means any of the following:
(a) A public corporation created under a statute of this state
and specifically designated as a public corporation.
(b) A school district.
(c) A public charter school established under ORS chapter 338.
(d) An education service district.
(e) A community college district or community college service
district established under ORS chapter 341.
(f) An intergovernmental body formed by two or more public
bodies.
(g) Any entity that is created by statute, ordinance or
resolution that is not part of state government or local
government.
(h) Any entity that is not otherwise described in this section
that is:
(A) Not part of state government or local government;
(B) Created pursuant to authority granted by a statute,
ordinance or resolution, but not directly created by that
statute, ordinance or resolution; and
(C) Identified as a governmental entity by the statute,
ordinance or resolution authorizing the creation of the entity,
without regard to the specific terms used by the statute,
ordinance or resolution.
(2) Subject to section 1 of this 2001 Act, as used in the
statutes of this state 'special government body' includes:
(a) An entity created by statute for the purpose of giving
advice only to a special government body;
(b) An entity created by a special government body for the
purpose of giving advice to the special government body, if the
document creating the entity indicates that the entity is a
public body; and
Enrolled House Bill 2425 (HB 2425-INTRO) Page 4
(c) Any entity created by a special government body described
in subsection (1) of this section, other than an entity described
in paragraph (b) of this subsection, unless the document creating
the entity indicates that the entity is not a governmental entity
or the entity is not subject to any substantial control by the
special government body. + }
SECTION 9. { + Application of definitions to Act. The
definitions provided by sections 1 to 9 of this 2001 Act apply to
sections 1 to 9 of this 2001 Act. + }
SECTION 10. { + The section captions used in this 2001 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2001 Act. + }
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Enrolled House Bill 2425 (HB 2425-INTRO) Page 5
Passed by House February 8, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate March 13, 2001
...........................................................
President of Senate
Enrolled House Bill 2425 (HB 2425-INTRO) Page 6
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 2425 (HB 2425-INTRO) Page 7