ORS Chapter 440
Chapter 440 — HealthDistricts; Port Hospitals
2009 EDITION
HEALTHDISTRICTS; PORT HOSPITALS
PUBLICHEALTH AND SAFETY
HEALTHDISTRICTS
440.305 Districtcreated coterminous with each district existing on July 2, 1957; districtsexisting on July 2, 1957, abolished
440.310 Newdistrict succeeds to and replaces abolished district
440.315 Definitionsfor ORS 440.315 to 440.410
440.320 Healthdistricts authorized
440.325 Boardof directors; qualifications
440.327 Firstboard of directors; how first terms computed; oath; terms; vacancy
440.330 Numberof directors; terms; effect of absence; district employee not eligible to serveon board
440.335 Electionof officers of board of directors; duties; quorum
440.340 Directors;meetings; rules
440.345 Positionnumbers for election of directors
440.347 Districtelections
440.350 Callof special elections
440.360 Powersof health districts
440.365 Usercharges
440.370 Eminentdomain
440.375 Authorityto issue bonds
440.380 Bonds;maturity; interest; conditions
440.385 Pledgeof income and revenues to secure payment of bonds
440.390 Issuanceof bonds
440.395 Taxlevies; use; extension; collection; default
440.397 Filingof boundary change
440.400 Expenditureand accounting of district funds
440.403 Adoptionof health district budget
440.405 Districtrecords open to inspection; preservation of records
440.410 Annualaudit
440.420 MedicaidUpper Payment Limit Account
PORTHOSPITALS
440.505 Porthospitals; levy of taxes; property exempt from taxation
440.010 [Amended by1963 c.607 §1; 1967 c.613 §1; repealed by 1981 c.45 §1]
440.020 [Amended by1967 c.613 §2; repealed by 1981 c.45 §1]
440.030 [Amended by1963 c.607 §2; 1967 c.613 §4; repealed by 1981 c.45 §1]
440.040 [1967 c.613 §3;repealed by 1981 c.45 §1]
440.110 [Repealed by1981 c.45 §1]
440.120 [Repealed by1981 c.45 §1]
440.130 [Repealed by1981 c.45 §1]
440.140 [Repealed by1981 c.45 §1]
440.150 [Repealed by1981 c.45 §1]
440.160 [Repealed by1981 c.45 §1]
440.170 [Repealed by1981 c.45 §1]
440.180 [Amended by1967 c.317 §1; repealed by 1981 c.45 §1]
440.190 [Repealed by1981 c.45 §1]
440.200 [Amended by1967 c.317 §2; repealed by 1981 c.45 §1]
440.210 [Repealed by1981 c.45 §1]
440.220 [Amended by1963 c.607 §3; repealed by 1981 c.45 §1]
440.230 [Repealed by1981 c.45 §1]
HEALTHDISTRICTS
440.305District created coterminous with each district existing on July 2, 1957;districts existing on July 2, 1957, abolished. (1) Therehereby is created a health district territorially coterminous with each healthdistrict existing on July 2, 1957, if such existing health district was at thattime a valid health district but for the fact that the electors of the districtwere required to have resided in the district for a period of not less than 90days next preceding an election. In determining the boundaries of healthdistricts created by this subsection, full effect shall be given to annexationseffected by health districts prior to November 22, 1957, under ORS 441.205 to441.410 (1957 Replacement Part).
(2)Health districts created by subsection (1) of this section are subject to andshall be governed by ORS 440.315 to 440.410.
(3)Health districts territorially coterminous with health districts created bysubsection (1) of this section hereby are abolished. [Formerly 441.195]
440.310New district succeeds to and replaces abolished district. Each healthdistrict created by ORS 440.305 (1) shall in all respects be the successor ofand replace the territorially coterminous health district abolished by ORS440.305 (3). Without limiting the foregoing:
(1)A successor health district is:
(a)The owner of all assets of the succeeded health district, including real andpersonal property, money, water, water rights and riparian rights.
(b)Successor party to the contracts of the succeeded health district.
(c)Successor party to court proceedings in which the succeeded health district wasa party.
(d)Successor obligor and subject to the indebtedness, bonded or otherwise, of thesucceeded health district.
(2)A successor health district shall levy and collect any tax lawfully assessed orcollect any tax lawfully assessed and levied, as the case may be, by thesucceeded health district.
(3)The rules and regulations of the succeeded health district are the rules andregulations of the successor health district until changed under ORS 440.315 to440.410.
(4)The directors and officers of the succeeded health district are the directorsand officers of the successor health district. [Formerly 441.200; 1987 c.158 §84]
440.315Definitions for ORS 440.315 to 440.410. As used in ORS 440.315 to 440.410,unless the context requires otherwise:
(1)“County board” means the county court or board of county commissioners, as thecase may be, of the county in which a district, or the greater portion of thetaxable assessed value thereof, is located.
(2)“County clerk” means the county clerk of the county in which a district, or thegreater portion of the taxable assessed value thereof, is located.
(3)“District board” or “board” means the board of directors of a district.
(4)“Health district” or “district” means any district formed pursuant to ORS440.315 to 440.410.
(5)“Owner” means the holder of the record title to real property or the vendeeunder a land sale contract, if there is such a contract. [Formerly 441.205;1975 c.701 §1; 1983 c.83 §85]
440.320Health districts authorized. (1)(a) Health districts may be formedfor the purposes of:
(A)Providing clinically related diagnostic, treatment and rehabilitative serviceson an inpatient or outpatient basis;
(B)Providing outreach programs in health care education, health care research andpatient care;
(C)Serving as a resource for health care providers in the district; and
(D)Promoting the physical and mental health and well-being of district residents.
(b)Health districts may consist of territory in one or more counties, or of a citywith or without unincorporated territory. A city shall not be divided in theformation of a health district.
(c)A health district may provide services to persons residing outside itsboundaries. A health district may provide services within the boundaries ofanother health district only with the written permission of that healthdistrict.
(2)A health district may include within its boundaries all or any part of theterritory of a port district organized under ORS chapter 777 if the portdistrict does not then operate a hospital. [Formerly 441.210; 1999 c.630 §1;2003 c.802 §112]
440.325Board of directors; qualifications. The power and authority given to healthdistricts, except as otherwise provided by ORS 440.315 to 440.410, is vested inand shall be exercised by a board of directors each of whom shall be an electorof the district. [Formerly 441.280; 1979 c.520 §1; 1983 c.83 §86; 1983 c.350 §255;1983 c.699 §5]
440.327First board of directors; how first terms computed; oath; terms; vacancy. (1) At theelection for the first board of directors, five directors shall be elected.Their terms shall commence on the 30th day after the election. The terms of thecandidates for the first board of directors who receive the first and secondhighest number of votes expire June 30 next following the second regulardistrict election. The terms of the candidates who receive the third, fourthand fifth highest votes expire June 30 next following the first regulardistrict election.
(2)Not later than the 10th day after the issuance of the order of formation, thedirectors of the first board shall take and subscribe an oath of office andthen meet and organize.
(3)Except as provided in subsection (1) of this section, the term of a director isfour years.
(4)The board of directors shall fill any vacancy on the board as provided in ORS198.320. [1983 c.350 §257]
440.330Number of directors; terms; effect of absence; district employee not eligibleto serve on board.(1) The board of directors of a district, by resolution offered and adopted atany regular meeting of the board, may increase the number of directors fromfive to no more than 15.
(2)If the number of directors is increased by action of the board, the board shallnot fill by appointment any newly created position on the board, but shallprovide for the election at the next regular district election of a sufficientnumber of additional directors to fill the newly created positions on theboard.
(3)The term of office of each director elected under subsection (2) of thissection shall begin July 1 following the next regular district election.
(4)The directors who are elected under subsection (2) of this section shalldetermine by lot the length of term each shall hold office. The terms of notmore than one-half of the directors who are appointed or elected shall expireJune 30 next following the first regular district election after theappointment or election. The terms of the remainder shall expire June 30 nextfollowing the second regular district election after the appointment orelection.
(5)The term of a director shall expire when the director is absent from four ormore consecutive regular meetings of the board and the board declares theposition vacant. The vacancy shall be filled as provided by ORS 198.320 (1) and(2).
(6)An individual who is an employee of a health district is not eligible to serveas a director of the health district by which the individual is employed. [Formerly441.285; 1979 c.520 §3; 1981 c.508 §1; 1983 c.350 §258; 1983 c.699 §1a; 1989c.478 §1]
440.335Election of officers of board of directors; duties; quorum. (1) Thedirectors of a health district shall, at the time of their organization, choosefrom their number a chairperson, a secretary and a treasurer, who shall holdtheir offices until their successors are elected and qualified.
(2)These officers shall have, respectively, the powers and shall perform theduties usual in such cases.
(3)A majority shall constitute a quorum to do business and, in the absence of thechairperson, any other member may preside at any meeting. [Formerly 441.290;2007 c.71 §124]
440.340Directors; meetings; rules. The district board shall hold meetings at such timeand place within the district as it may, from time to time, determine, but itshall hold at least one regular meeting in each month on a day to be fixed byit, and may hold special meetings under such rules as it may make. [Formerly441.295]
440.345Position numbers for election of directors. (1) Each office of director of ahealth district shall be designated by number as Position No. 1, Position No. 2and so forth.
(2)The secretary of a district shall assign a position number to each office onthe board. The secretary shall certify the number so assigned to the directorin office holding that position and shall file one copy of the certification inthe records of the elections officer for the district. [Formerly 441.305; 1983c.350 §259]
440.347District elections.(1) ORS chapter 255 governs the following:
(a)The nomination and election of directors.
(b)The conduct of district elections.
(2)The electors of a district may exercise the powers of the initiative andreferendum regarding a district measure, in accordance with ORS 255.135 to255.205. [1983 c.350 §261]
440.350Call of special elections. The board, at any regular meeting, may call a specialelection of the electors of the district. [Formerly 441.305]
440.355 [Formerly441.315; repealed by 1979 c.190 §431]
440.360Powers of health districts. A health district has all powers necessary to carryout the purposes of ORS 440.315 to 440.410, including, but not limited to, thepower:
(1)To provide directly or indirectly any physical or mental health relatedservice.
(2)To make any contract or agreement, to purchase and lease real and personalproperty, to enter into business arrangements or relationships with public orprivate entities and to create and participate fully in the operation of anybusiness structure, including the development of business structures andarrangements for health care delivery systems and managed care plans.
(3)To participate in community sponsored health screening, prevention, wellness,improvement or other activities that address the physical or mental healthneeds of district residents. Such participation may include clinical,financial, administrative, volunteer or other support considered appropriate bythe board.
(4)To perform any other acts that in the judgment of the board are necessary orappropriate to accomplish the purposes of ORS 440.315 to 440.410. [Formerly441.320; 1979 c.520 §2; 1981 c.508 §3; 1983 c.699 §2; 1983 c.740 §155; 1985c.747 §50; 1987 c.850 §1; 1997 c.857 §1; 1999 c.630 §2; 2003 c.802 §113]
440.365User charges.A health district is authorized to charge persons who use district facilitiesand services. [Formerly 441.325; 1999 c.630 §3]
440.370Eminent domain.A health district may exercise within its boundaries the power of eminentdomain and may purchase, sell, condemn and appropriate real property, water,water rights and riparian rights. [Formerly 441.330; 2003 c.802 §114]
440.375Authority to issue bonds. (1) For the purpose of carrying into effect thepowers granted by ORS 440.315 to 440.410, a health district, when authorized atany properly called election held for that purpose, may borrow money and selland dispose of general obligation bonds.
(2)If prior to April 1, 1983, a health district had outstanding indebtednessincurred pursuant to ORS 440.360 (1)(k) (1997 Edition), a health district mayissue general obligation bonds pursuant to this section in an amount not to exceedthe unpaid principal of and interest on such indebtedness plus costs incidentalto the bonds to be sold.
(3)The general obligation bonds outstanding at one time shall never exceed in theaggregate two and one-half percent of the real market value of all taxableproperty within the district, computed in accordance with ORS 308.207.
(4)Notwithstanding the provisions of subsection (3) of this section, if thedistrict has within its limits a population of 300 or over, it shall bepermitted to have bonds outstanding in an amount which shall not exceed in theaggregate 10 percent of the real market value.
(5)The bonds shall be issued from time to time by the district board in behalf ofthe health district as authorized by its electors. [Formerly 441.335; 1983c.191 §1; 1991 c.459 §399; 1997 c.857 §2; 1999 c.630 §4]
440.380Bonds; maturity; interest; conditions. (1) The bonds shall mature seriallywithin not to exceed 30 years from issue date.
(2)The bonds shall bear such rate of interest as the district board shalldetermine.
(3)The bonds shall be so conditioned that the health district agrees therein topay to the bearer, at a place named, the principal sum of the bonds withinterest at the rate named, payable semiannually in accordance with the tenorand terms of the interest coupons attached. [Formerly 441.345; 1977 c.188 §3;1981 c.94 §36; 1983 c.347 §27; 2001 c.215 §5]
440.385Pledge of income and revenues to secure payment of bonds. (1) For thepurpose of additionally securing the payment of the principal of and intereston general obligation bonds issued under ORS 440.375, a health district may, byresolution of the district board, which resolution shall constitute part of thecontract with the holders of such general obligation bonds, pledge all or anypart of the net income or revenue of its properties.
(2)The district board may adopt such a resolution without submitting the questionof such pledge to electors of the health district. [Formerly 441.350]