Chapter 948 Oregon Laws 1999

Session Law

AN ACT

SB 671

Relating to intergovernmental agreements; creating new provisions; amending ORS 190.110, 190.420 and 190.485; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) A state agency that enters into an agreement under ORS 190.110, 190.420 or 190.485 on or after the effective date of this 1999 Act 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 the effective date of this 1999 Act, entered into an agreement under ORS 190.110, 190.420 or 190.485 that will be in effect 90 days after the effective date of this 1999 Act shall submit a summary of the agreement to the department within 90 days following the effective date of this 1999 Act.

(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.

(c) Subject matter 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.

SECTION 2. (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 section 1 of this 1999 Act.

(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.

SECTION 3. ORS 190.110 is amended to read:

190.110. (1) In performing a duty imposed upon it or in exercising a power conferred upon it, a unit of local government or a state agency of this state may cooperate, 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) With regard to an American Indian tribe, the power described in subsection (1) of this section includes the power of the [Oregon Department of Administrative Services] Governor or the designee of the Governor to enter into agreements to [insure] 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.

(3) 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.

(c) The United States.

(d) A United States governmental agency.

(e) An American Indian tribe.

(f) An agency of an American Indian tribe.

SECTION 4. 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 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.

SECTION 5. ORS 190.485 is amended to read:

190.485. (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.

SECTION 6. Sections 1 and 2 of this 1999 Act become operative January 1, 2000.

SECTION 7. The amendments to ORS 190.110, 190.420 and 190.485 by sections 3 to 5 of this 1999 Act shall first apply to agreements entered into on or after the effective date of this 1999 Act.

SECTION 8. This 1999 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 1999 Act takes effect on its passage.

Approved by the Governor August 16, 1999

Filed in the office of Secretary of State August 16, 1999

Effective date August 16, 1999

__________