Chapter 376 Oregon Laws 2007
AN ACT
HB 2583
Relating to indemnity; amending ORS 190.420.
Be It Enacted by the People of
the State of Oregon:
SECTION 1.
ORS 190.420 is amended to read:
190.420. (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] An agreement under subsection
(2) of this section [shall] may
not relieve any public agency of any obligation or responsibility imposed
on it by law.
(5) An agreement
under subsection (2) of this section may require that a public agency in
another state indemnify a public agency in this state against any tort claim or
demand, whether groundless or otherwise, arising out of an alleged act or
omission occurring in the performance of an action in the other state.
[(5)] (6) 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.
Approved by the Governor June 12, 2007
Filed in the office of Secretary of State June 13, 2007
Effective date January 1, 2008
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