Oregon Concrete & Masonry Licensing Law

Oregon Code · 15 sections

The following is the full text of Oregon’s concrete & masonry licensing law statutes as published in the Oregon Code. For the official version, see the Oregon Legislature.

ORS 169.005

169.005, detention facilities as defined in ORS 419A.004, youth correction facilities as defined in ORS 420.005 and Department of Corrections institutions as defined in ORS 421.005. [1999 c.920 �3; 2015 c.629 �32]

�� Note: See note under 164.160.

MONEY LAUNDERING

�� 164.170 Laundering a monetary instrument. (1) A person commits the crime of laundering a monetary instrument if the person:

�� (a) Knowing that the property involved in a financial transaction represents the proceeds of some form, though not necessarily which form, of unlawful activity, conducts or attempts to conduct a financial transaction that involves the proceeds of unlawful activity:

�� (A) With the intent to promote the carrying on of unlawful activity; or

�� (B) Knowing that the transaction is designed in whole or in part to:

�� (i) Conceal or disguise the nature, location, source, ownership or control of the proceeds of unlawful activity; or

�� (ii) Avoid a transaction reporting requirement under federal law;

�� (b) Transports, transmits or transfers or attempts to transport, transmit or transfer a monetary instrument or funds:

�� (A) With the intent to promote the carrying on of unlawful activity; or

�� (B) Knowing that the monetary instrument or funds involved in the transportation, transmission or transfer represent the proceeds of some form, though not necessarily which form, of unlawful activity and knowing that the transportation, transmission or transfer is designed, in whole or in part, to:

�� (i) Conceal or disguise the nature, location, source, ownership or control of the proceeds of unlawful activity; or

�� (ii) Avoid a transaction reporting requirement under federal law; or

�� (c) Intentionally conducts or attempts to conduct a financial transaction involving property represented to be the proceeds of unlawful activity or property used to conduct or facilitate unlawful activity to:

�� (A) Promote the carrying on of unlawful activity;

�� (B) Conceal or disguise the nature, location, source, ownership or control of property believed to be the proceeds of unlawful activity; or

�� (C) Avoid a transaction reporting requirement under federal law.

�� (2)(a) Laundering a monetary instrument is a Class B felony.

�� (b) In addition to any other sentence of imprisonment or fine that a court may impose and notwithstanding ORS 161.625, a court may include in the sentence of a person convicted under this section a fine in an amount equal to the value of the property, funds or monetary instruments involved in the unlawful transaction.

�� (3) For purposes of subsection (1)(b)(B) of this section, the state may establish the defendant�s knowledge through evidence that a peace officer, federal officer or another person acting at the direction of or with the approval of a peace officer or federal officer represented the matter specified in subsection (1)(b)(B) of this section as true and the defendant�s subsequent statements or actions indicate that the defendant believed the representations to be true.

�� (4) For purposes of subsection (1)(c) of this section, �represented� includes, but is not limited to, any representation made by a peace officer, federal officer or another person acting at the direction of or with the approval of a peace officer or federal officer.

�� (5) As used in this section:

�� (a) �Conducts� includes initiating, concluding or participating in the initiation or conclusion of a transaction.

�� (b) �Federal officer� has the meaning given that term in ORS 133.005.

�� (c) �Financial institution� has the meaning given that term in ORS 706.008.

�� (d) �Financial transaction� means a transaction involving:

�� (A) The movement of funds by wire or other means;

�� (B) One or more monetary instruments;

�� (C) The transfer of title to any real property, vehicle, vessel or aircraft; or

�� (D) The use of a financial institution.

�� (e) �Monetary instrument� means:

�� (A) Coin or currency of the United States or of any other country, traveler�s checks, personal checks, bank checks, cashier�s checks, money orders, foreign bank drafts of any foreign country or gold, silver or platinum bullion or coins; or

�� (B) Investment securities or negotiable instruments, in bearer form or otherwise in such form that title passes upon delivery.

�� (f) �Peace officer� has the meaning given that term in ORS 133.005.

�� (g) �Transaction� includes a purchase, sale, loan, pledge, gift, transfer, delivery or other disposition and, with respect to a financial institution, includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit or other monetary instrument, use of a safe deposit box or any other payment, transfer or delivery by, through or to a financial institution by whatever means.

�� (h) �Unlawful activity� means any act constituting a felony under state, federal or foreign law. [1999 c.878 �1]

�� Note: 164.170, 164.172 and 164.174 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 164.172 Engaging in a financial transaction in property derived from unlawful activity. (1) A person commits the crime of engaging in a financial transaction in property derived from unlawful activity if the person knowingly engages in or attempts to engage in a financial transaction in property that:

�� (a) Constitutes, or is derived from, the proceeds of unlawful activity;

�� (b) Is of a value greater than $10,000; and

�� (c) The person knows is derived from or represents the proceeds of some form, though not necessarily which form, of unlawful activity.

�� (2)(a) Engaging in a financial transaction in property derived from unlawful activity is a Class C felony.

�� (3) As used in this section:

�� (a) �Financial transaction� has the meaning given that term in ORS 164.170. �Financial transaction� does not include any transaction necessary to preserve a person�s right to representation as guaranteed by section 11, Article I of the Oregon Constitution, and the Sixth Amendment to the United States Constitution.

�� (b) �Unlawful activity� has the meaning given that term in ORS 164.170. [1999 c.878 �2]

�� Note: See note under 164.170.

�� 164.174 Exceptions. Nothing in ORS 164.170 or 164.172 or the amendments to ORS 166.715 by section 4, chapter 878, Oregon Laws 1999, is intended to allow the prosecution of a corporation, business, partnership, limited liability company, limited liability partnership or any similar entity, or an employee or agent of such an entity, that makes a good faith effort to comply with federal and state laws governing the entity. [1999 c.878 �3]

�� Note: See note under 164.170.

BURGLARY AND CRIMINAL TRESPASS

�� 164.205 Definitions for ORS 164.205 to 164.270. As used in ORS 164.205 to 164.270, except as the context requires otherwise:

�� (1) �Building,� in addition to its ordinary meaning, includes any booth, vehicle, boat, aircraft or other structure adapted for overnight accommodation of persons or for carrying on business therein. Where a building consists of separate units, including, but not limited to, separate apartments, offices or rented rooms, each unit is, in addition to being a part of such building, a separate building.

�� (2) �Dwelling� means a building which regularly or intermittently is occupied by a person lodging therein at night, whether or not a person is actually present.

�� (3) �Enter or remain unlawfully� means:

�� (a) To enter or remain in or upon premises when the premises, at the time of such entry or remaining, are not open to the public and when the entrant is not otherwise licensed or privileged to do so;

�� (b) To fail to leave premises that are open to the public after being lawfully directed to do so by the person in charge;

�� (c) To enter premises that are open to the public after being lawfully directed not to enter the premises; or

�� (d) To enter or remain in a motor vehicle when the entrant is not authorized to do so.

�� (4) �Open to the public� means premises which by their physical nature, function, custom, usage, notice or lack thereof or other circumstances at the time would cause a reasonable person to believe that no permission to enter or remain is required.

�� (5) �Person in charge� means a person, a representative or employee of the person who has lawful control of premises by ownership, tenancy, official position or other legal relationship. �Person in charge� includes, but is not limited to the person, or holder of a position, designated as the person or position-holder in charge by the Governor, board, commission or governing body of any political subdivision of this state.

�� (6) �Premises� includes any building and any real property, whether privately or publicly owned. [1971 c.743 �135; 1983 c.740 �33; 1999 c.1040 �10; 2003 c.444 �1; 2015 c.10 �1]

�� 164.210 [Repealed by 1971 c.743 �432]

�� 164.215 Burglary in the second degree. (1) Except as otherwise provided in ORS 164.255, a person commits the crime of burglary in the second degree if the person enters or remains unlawfully in a building with intent to commit a crime therein.

�� (2) Burglary in the second degree is a Class C felony. [1971 c.743 �136; 1993 c.680 �24]

�� 164.220 [Repealed by 1971 c.743 �432]

�� 164.225 Burglary in the first degree. (1) A person commits the crime of burglary in the first degree if the person violates ORS 164.215 and the building is a dwelling, or if in effecting entry or while in a building or in immediate flight therefrom the person:

�� (a) Is armed with a burglary tool or theft device as defined in ORS 164.235 or a deadly weapon;

�� (b) Causes or attempts to cause physical injury to any person; or

�� (c) Uses or threatens to use a dangerous weapon.

�� (2) Burglary in the first degree is a Class A felony. [1971 c.743 �137; 2003 c.577 �10]

�� 164.230 [Repealed by 1971 c.743 �432]

�� 164.235 Possession of a burglary tool or theft device. (1) A person commits the crime of possession of a burglary tool or theft device if the person possesses a burglary tool or theft device and the person:

�� (a) Intends to use the tool or device to commit or facilitate a forcible entry into premises or a theft by a physical taking; or

�� (b) Knows that another person intends to use the tool or device to commit or facilitate a forcible entry into premises or a theft by a physical taking.

�� (2) For purposes of this section, �burglary tool or theft device� means an acetylene torch, electric arc, burning bar, thermal lance, oxygen lance or other similar device capable of burning through steel, concrete or other solid material, a signal jammer that can interfere with the function of an alarm system or signals or communications to and from an alarm system or nitroglycerine, dynamite, gunpowder or any other explosive, tool, instrument or other article adapted or designed for committing or facilitating a forcible entry into premises or theft by a physical taking.

�� (3) Possession of a burglary tool or theft device is a Class A misdemeanor. [1971 c.743 �138; 1999 c.1040 �13; 2003 c.577 �9; 2025 c.139 �1]

�� 164.240 [Amended by 1959 c.99 �1; repealed by 1971 c.743 �432]

�� 164.243 Criminal trespass in the second degree by a guest. A guest commits the crime of criminal trespass in the second degree if that guest intentionally remains unlawfully in a transient lodging after the departure date of the guest�s reservation without the approval of the hotelkeeper. �Guest� means a person who is registered at a hotel and is assigned to transient lodging, and includes any individual accompanying the person. [1979 c.856 �2]

�� 164.245 Criminal trespass in the second degree. (1) A person commits the crime of criminal trespass in the second degree if the person enters or remains unlawfully in a motor vehicle or in or upon premises.

�� (2) Criminal trespass in the second degree is a Class C misdemeanor. [1971 c.743 �139; 1999 c.1040 �9]

�� 164.250 [Repealed by 1971 c.743 �432]

�� 164.255 Criminal trespass in the first degree. (1) A person commits the crime of criminal trespass in the first degree if the person:

�� (a) Enters or remains unlawfully in a dwelling;

�� (b) Having been denied future entry to a building pursuant to a merchant�s notice of trespass, reenters the building during hours when the building is open to the public with the intent to commit theft therein;

�� (c) Enters or remains unlawfully upon railroad yards, tracks, bridges or rights of way; or

�� (d) Enters or remains unlawfully in or upon premises that have been determined to be not fit for use under ORS 453.855 to 453.912.

�� (2) Subsection (1)(d) of this section does not apply to the owner of record of the premises if:

�� (a) The owner notifies the law enforcement agency having jurisdiction over the premises that the owner intends to enter the premises;

�� (b) The owner enters or remains on the premises for the purpose of inspecting or decontaminating the premises or lawfully removing items from the premises; and

�� (c) The owner has not been arrested for, charged with or convicted of a criminal offense that contributed to the determination that the premises are not fit for use.

�� (3) Criminal trespass in the first degree is a Class A misdemeanor. [1971 c.743 �140; 1993 c.680 �23; 1999 c.837 �1; 2001 c.386 �1; 2003 c.527 �1]

�� 164.260 [Repealed by 1971 c.743 �432]

�� 164.265 Criminal trespass while in possession of a firearm. (1) A person commits the crime of criminal trespass while in possession of a firearm who, while in possession of a firearm, enters or remains unlawfully in or upon premises.

�� (2) Criminal trespass while in possession of a firearm is a Class A misdemeanor. [1979 c.603 �2]

�� 164.270 Closure of premises to motor-propelled vehicles. (1) For purposes of ORS 164.245, a landowner or an agent of the landowner may close the privately owned premises of the landowner to motor-propelled vehicles by posting signs on or near the boundaries of the closed premises at the normal points of entry as follows:

�� (a) Signs must be no smaller than eight inches in height and 11 inches in width;

�� (b) Signs must contain the words �Closed to Motor-propelled Vehicles� or words to that effect in letters no less than one inch in height;

�� (c) Signs must display the name, business address and phone number, if any, of the landowner or agent of the landowner; and

�� (d) Signs must be posted at normal points of entry and be no further apart than 350 yards.

�� (2) A person violates ORS 164.245 if the person operates or rides upon or within a motor-propelled vehicle upon privately owned premises when the premises are posted as provided in this section and the person does not have written authorization to operate a motor-propelled vehicle upon the premises.

�� (3) Nothing contained in this section prevents emergency or law enforcement vehicles from entering upon land closed to motor-propelled vehicles. [1981 c.394 �2]

�� 164.272 Unlawful entry into a motor vehicle. (1) A person commits the crime of unlawful entry into a motor vehicle if the person enters a motor vehicle, or any part of a motor vehicle, with the intent to commit a crime.

�� (2) Unlawful entry into a motor vehicle is a Class A misdemeanor.

�� (3) As used in this section, �enters� includes, but is not limited to, inserting:

�� (a) Any part of the body; or

�� (b) Any object connected with the body. [1995 c.782 �1]

�� Note: 164.272 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 164.274 Definitions for ORS 164.276 and 164.278. As used in ORS 164.276 and 164.278:

�� (1) �Coach� means a person who instructs or trains members of a team or directs the strategy of a team participating in a sports event.

�� (2) �Inappropriate behavior� means:

�� (a) Engaging in fighting or in violent, tumultuous or threatening behavior;

�� (b) Violating the rules of conduct governing coaches, team players and spectators at a sports event;

�� (c) Publicly insulting another person by abusive words or gestures in a manner intended to provoke a violent response; or

�� (d) Intentionally subjecting another person to offensive physical contact.

�� (3) �Premises� has the meaning given that term in ORS 164.205.

�� (4) �Spectator� means any person, other than a team player or coach, who attends a sports event.

�� (5) �Sports official� has the meaning given that term in ORS 30.882. [2003 c.629 �1]

�� Note: 164.274 to 164.278 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 164.276 Authority of sports official to expel persons from sports event. A sports official may order a coach, team player or spectator to leave the premises at which a sports event is taking place and at which the sports official is officiating if the coach, team player or spectator is engaging in inappropriate behavior. [2003 c.629 �2]

�� Note: See note under 164.274.

�� 164.278 Criminal trespass at a sports event. (1) A person commits the crime of criminal trespass at a sports event if the person:

�� (a) Is a coach, team player or spectator at a sports event;

�� (b) Engages in inappropriate behavior;

�� (c) Has been ordered by a sports official to leave the premises at which the sports event is taking place; and

�� (d) Fails to leave the premises or returns to the premises during the period of time when reentry has been prohibited.

�� (2) Criminal trespass at a sports event is a Class C misdemeanor. [2003 c.629 �3]

�� Note: See note under 164.274.

ARSON, CRIMINAL MISCHIEF AND RELATED OFFENSES

�� 164.305 Definitions for ORS 164.305 to 164.377. As used in ORS 164.305 to 164.377, except as the context requires otherwise:

�� (1) �Protected property� means any structure, place or thing customarily occupied by people, including �public buildings� as defined by ORS 479.168 and �forestland,� as defined by ORS 477.001.

�� (2) �Property of another� means property in which anyone other than the actor has a legal or equitable interest that the actor has no right to defeat or impair, even though the actor may also have such an interest in the property. [1971 c.743 �141; 1977 c.640 �1; 1989 c.584 �1; 2003 c.543 �1]

�� 164.310 [Amended by 1957 c.653 �1; 1959 c.302 �2; repealed by 1971 c.743 �432]

�� 164.315 Arson in the second degree. (1) A person commits the crime of arson in the second degree if:

�� (a) By starting a fire or causing an explosion, the person intentionally damages:

�� (A) Any building of another that is not protected property; or

�� (B) Any property of another and the damages to the property exceed $750; or

�� (b) By knowingly engaging in the manufacture of methamphetamine, the person causes fire or causes an explosion that damages property described in paragraph (a) of this subsection.

�� (2) Arson in the second degree is a Class C felony. [1971 c.743 �143; 2001 c.432 �1; 2005 c.706 �3]

�� 164.320 [Amended by 1959 c.77 �1; repealed by 1971 c.743 �432]

�� 164.325 Arson in the first degree. (1) A person commits the crime of arson in the first degree if:

�� (a) By starting a fire or causing an explosion, the person intentionally damages:

�� (A) Protected property of another;

�� (B) Any property, whether the property of the person or the property of another person, and such act recklessly places another person in danger of physical injury or protected property of another in danger of damage; or

�� (C) Any property, whether the property of the person or the property of another person, and recklessly causes serious physical injury to a firefighter or peace officer acting in the line of duty relating to the fire; or

�� (b) By knowingly engaging in the manufacture of methamphetamine, the person causes fire or causes an explosion that damages property described in paragraph (a) of this subsection.

�� (2) Arson in the first degree is a Class A felony. [1971 c.743 �144; 1991 c.946 �1; 2005 c.706 �4]

�� 164.330 [Repealed by 1971 c.743 �432]

�� 164.335 Reckless burning. (1) A person commits the crime of reckless burning if the person recklessly damages property of another by fire or explosion.

�� (2) Reckless burning is a Class A misdemeanor. [1971 c.743 �142]

�� 164.338 Arson incident to the manufacture of a controlled substance in the second degree. (1) A person commits the crime of arson incident to the manufacture of a controlled substance in the second degree if, by knowingly engaging in the manufacture of a controlled substance, the person causes a fire or causes an explosion that damages:

�� (a) Any building of another that is not protected property; or

�� (b) Any property of another and the damages to the property exceed $750.

�� (2) Arson incident to the manufacture of a controlled substance in the second degree is a Class C felony.

�� (3) As used in this section and ORS 164.342, �controlled substance� and �manufacture� have the meanings given those terms in ORS 475.005. [2017 c.248 �2]

�� 164.340 [Repealed by 1971 c.743 �432]

�� 164.342 Arson incident to the manufacture of a controlled substance in the first degree. (1) A person commits the crime of arson incident to the manufacture of a controlled substance in the first degree if, by knowingly engaging in the manufacture of a controlled substance, the person causes a fire or causes an explosion that damages:

�� (a) The protected property of another;

�� (b) Any property, whether the property of the person or the property of another person, if the fire or explosion recklessly places another person in danger of physical injury or protected property of another in danger of damage; or

�� (c) Any property, whether the property of the person or the property of another person, if the fire or explosion recklessly causes serious physical injury to a firefighter or peace officer acting in the line of duty relating to the fire or explosion.

�� (2) Arson incident to the manufacture of a controlled substance in the first degree is a Class A felony. [2017 c.248 �3]

�� 164.345 Criminal mischief in the third degree. (1) A person commits the crime of criminal mischief in the third degree if, with intent to cause substantial inconvenience to the owner or to another person, and having no right to do so nor reasonable ground to believe that the person has such right, the person tampers or interferes with property of another.

�� (2) Criminal mischief in the third degree is a Class C misdemeanor. [1971 c.743 �145]

�� 164.350 [Repealed by 1971 c.743 �432]

�� 164.354 Criminal mischief in the second degree. (1) A person commits the crime of criminal mischief in the second degree if:

�� (a) The person violates ORS 164.345, and as a result thereof, damages property in an amount exceeding $500; or

�� (b) Having no right to do so nor reasonable ground to believe that the person has such right, the person intentionally damages property of another, or, the person recklessly damages property of another in an amount exceeding $500.

�� (2) Criminal mischief in the second degree is a Class A misdemeanor. [1971 c.743 �146; 2009 c.16 �5]

�� 164.355 [1967 c.378 ��1,2,3,4; 1969 c.287 �1; repealed by 1971 c.743 �432]

�� 164.360 [Repealed by 1971 c.743 �432]

�� 164.362 [1957 c.714 ��1,6(1); repealed by 1971 c.743 �432]

�� 164.364 [1957 c.714 ��4,5; repealed by 1971 c.743 �432]

�� 164.365 Criminal mischief in the first degree. (1) A person commits the crime of criminal mischief in the first degree who, with intent to damage property, and having no right to do so nor reasonable ground to believe that the person has such right:

�� (a) Damages or destroys property of another:

�� (A) In an amount exceeding $1,000;

�� (B) By means of an explosive;

�� (C) By starting a fire in an institution while the person is committed to and confined in the institution;

�� (D) Which is a livestock animal as defined in ORS 164.055;

�� (E) Which is the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public; or

�� (F) By intentionally interfering with, obstructing or adulterating in any manner the service of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility; or

�� (b) Intentionally uses, manipulates, arranges or rearranges the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public so as to interfere with its efficiency.

�� (2) As used in subsection (1) of this section:

�� (a) �Institution� includes state and local correctional facilities, mental health facilities, juvenile detention facilities and state training schools.

�� (b) �Medical facility� means a health care facility as defined in ORS 442.015, a licensed physician�s office or anywhere a licensed medical practitioner provides health care services.

�� (c) �Public utility� has the meaning provided for that term in ORS 757.005 and includes any cooperative, people�s utility district or other municipal corporation providing an electric, gas, water or other utility service.

�� (d) �Railroad� has the meaning provided for that term in ORS 824.020.

�� (e) �Public transportation facility� means any property, structure or equipment used for or in connection with the transportation of persons for hire by rail, air or bus, including any railroad cars, buses or airplanes used to carry out such transportation.

�� (f) �Telecommunications carrier� has the meaning given that term in ORS 133.721.

�� (3) Criminal mischief in the first degree is a Class C felony. [1971 c.743 �147; 1973 c.133 �6; 1975 c.344 �1; 1979 c.805 �1; 1983 c.740 �33a; 1987 c.447 �104; 1987 c.907 �10; 1989 c.584 �2; 1991 c.837 �13; 1991 c.946 �2; 1993 c.94 �1; 1993 c.332 �3; 1999 c.1040 �11; 1999 c.1093 �2; 2003 c.543 �4; 2009 c.16 �6]

�� 164.366 [1957 c.714 ��2,6(2); repealed by 1971 c.743 �432]

�� 164.367 Determining value of damage; aggregation. For purposes of ORS 164.345, 164.354 and 164.365, the value of damage done during single incidents of criminal mischief may be added together if the incidents of criminal mischief were committed:

�� (1) Against multiple victims in the same course of conduct; or

�� (2) Against the same victim, or two or more persons who are joint owners, within a 30-day period. [1999 c.1040 �12]

�� Note: 164.367 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 164.368 [1957 c.714 �3; repealed by 1971 c.743 �432]

�� 164.369 [1989 c.584 �4; 2003 c.543 �5; renumbered 167.337 in 2003]

�� 164.370 [Repealed by 1971 c.743 �432]

�� 164.373 Tampering with cable television equipment. (1) A person commits the crime of tampering with cable television equipment if the person:

�� (a) Knowingly tampers or otherwise interferes with or connects to by any means, whether mechanical, electrical, acoustical or other means, any cable, wire or other device used for the distribution of cable television service, without authority of the provider of such service; or

�� (b) Knowingly permits another person to tamper or otherwise interfere with, or connect to by any means, whether mechanical, electrical, acoustical or other means, any cable, wire or other device used for the distribution of cable television service, such tampering, interfering or connecting being upon premises under the control of such first person or intended for the benefit of such first person, without authority of the provider of such service.

�� (2) Tampering with cable television equipment is a Class B misdemeanor. [1985 c.537 �5]

�� 164.377 Computer crime. (1) As used in this section:

�� (a) To �access� means to instruct, communicate with, store data in, retrieve data from or otherwise make use of any resources of a computer, computer system or computer network.

�� (b) �Computer� means, but is not limited to, an electronic, magnetic, optical electrochemical or other high-speed data processing device that performs logical, arithmetic or memory functions by the manipulations of electronic, magnetic or optical signals or impulses, and includes the components of a computer and all input, output, processing, storage, software or communication facilities that are connected or related to such a device in a system or network.

�� (c) �Computer network� means, but is not limited to, the interconnection of communication lines, including microwave or other means of electronic communication, with a computer through remote terminals or a complex consisting of two or more interconnected computers.

�� (d) �Computer program� means, but is not limited to, a series of instructions or statements, in a form acceptable to a computer, which permits the functioning of a computer system in a manner designed to provide appropriate products from or usage of such computer system.

�� (e) �Computer software� means, but is not limited to, computer programs, procedures and associated documentation concerned with the operation of a computer system.

�� (f) �Computer system� means, but is not limited to, a set of related, connected or unconnected, computer equipment, devices and software. �Computer system� also includes any computer, device or software owned or operated by the Oregon State Lottery or rented, owned or operated by another person or entity under contract to or at the direction of the Oregon State Lottery.

�� (g) �Data� means a representation of information, knowledge, facts, concepts, computer software, computer programs or instructions. �Data� may be in any form, in storage media, or as stored in the memory of the computer, or in transit, or presented on a display device. �Data� includes, but is not limited to, computer or human readable forms of numbers, text, stored voice, graphics and images.

�� (h) �Intimate image� means a photograph, film, video, recording, digital picture or other visual reproduction of a person whose intimate parts are visible or who is engaged in sexual conduct.

�� (i) �Intimate parts� means uncovered human genitals, pubic areas or female nipples.

�� (j) �Property� includes, but is not limited to, financial instruments, information, including electronically produced data, and computer software and programs in either computer or human readable form, intellectual property and any other tangible or intangible item of value.

�� (k) �Proprietary information� includes any scientific, technical or commercial information including any design, process, procedure, list of customers, list of suppliers, customers� records or business code or improvement thereof that is known only to limited individuals within an organization and is used in a business that the organization conducts. The information must have actual or potential commercial value and give the user of the information an opportunity to obtain a business advantage over competitors who do not know or use the information.

�� (L) �Services� includes, but is not limited to, computer time, data processing and storage functions.

�� (m) �Sexual conduct� means sexual intercourse or oral or anal sexual intercourse, as those terms are defined in ORS 163.305, or masturbation.

�� (2) Any person commits computer crime who knowingly accesses, attempts to access or uses, or attempts to use, any computer, computer system, computer network or any part thereof for the purpose of:

�� (a) Devising or executing any scheme or artifice to defraud;

�� (b) Obtaining money, property or services by means of false or fraudulent pretenses, representations or promises; or

�� (c) Committing theft, including, but not limited to, theft of proprietary information or theft of an intimate image.

�� (3) Any person who knowingly and without authorization alters, damages or destroys any computer, computer system, computer network, or any computer software, program, documentation or data contained in such computer, computer system or computer network, commits computer crime.

�� (4) Any person who knowingly and without authorization uses, accesses or attempts to access any computer, computer system, computer network, or any computer software, program, documentation or data contained in such computer, computer system or computer network, commits computer crime.

�� (5)(a) A violation of the provisions of subsection (2) or (3) of this section shall be a Class C felony. Except as provided in paragraph (b) of this subsection, a violation of the provisions of subsection (4) of this section shall be a Class A misdemeanor.

�� (b) Any violation of this section relating to a computer, computer network, computer program, computer software, computer system or data owned or operated by the Oregon State Lottery or rented, owned or operated by another person or entity under contract to or at the direction of the Oregon State Lottery Commission shall be a Class C felony. [1985 c.537 �8; 1989 c.737 �1; 1991 c.962 �17; 2001 c.870 �18; 2015 c.350 �1; 2017 c.318 �13]

�� 164.380 [Repealed by 1971 c.743 �432]

GRAFFITI-RELATED OFFENSES

�� 164.381 Definitions. As used in ORS 137.131, 164.381 to 164.386 and 419C.461:

�� (1) �Graffiti� means any inscriptions, words, figures or designs that are marked, etched, scratched, drawn, painted, pasted or otherwise affixed to the surface of property.

�� (2) �Graffiti implement� means paint, ink, chalk, dye or other substance or any instrument or article designed or adapted for spraying, marking, etching, scratching or carving surfaces. [1995 c.615 �1]

�� Note: 164.381 to 164.388 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 164.383 Unlawfully applying graffiti. (1) A person commits the offense of unlawfully applying graffiti if the person, having no right to do so nor reasonable ground to believe that the person has such right, intentionally damages property of another by applying graffiti to the property.

�� (2) Unlawfully applying graffiti is a Class A violation. Upon a conviction for unlawfully applying graffiti, a court, in addition to any fine it imposes and pursuant to ORS 137.128 but notwithstanding ORS 137.129, may order the defendant to perform up to 100 hours of community service. The community service must include removing graffiti, either those that the defendant created or those created by another, or both.

�� (3) If the court orders community service, the community service must be completed within six months after entry of the order unless the person shows good cause why community service cannot be completed within the six-month time period. [1995 c.615 �2; 1999 c.1051 �156]

�� Note: See note under 164.381.

�� 164.385 [1967 c.243 �1; repealed by 1971 c.743 �432]

�� 164.386 Unlawfully possessing a graffiti implement. (1) A person commits the offense of unlawfully possessing a graffiti implement if the person possesses a graffiti implement with the intent of using the graffiti implement in violation of ORS 164.383.

�� (2) Unlawfully possessing a graffiti implement is a Class C violation. Upon a conviction for unlawfully possessing a graffiti implement, a court, in addition to any fine it imposes and pursuant to ORS 137.128 but notwithstanding ORS 137.129, may order the defendant to perform up to 50 hours of community service. The community service must include removing graffiti, either those that the defendant created or those created by another, or both.

�� Note: See note under 164.381.

�� 164.388 Preemption. The provisions of ORS 137.131, 164.381 to 164.386 and 419C.461 are not intended to preempt any local regulation of graffiti or graffiti-related activities or any prosecution under ORS 164.345, 164.354 or 164.365. [1995 c.615 �7; 1999 c.1040 �6]

�� Note: See note under 164.381.

�� 164.390 [1959 c.626 ��1,4; repealed by 1971 c.743 �432]

�� 164.392 [1959 c.626 ��2,3; repealed by 1971 c.743 �432]

ROBBERY

�� 164.395 Robbery in the third degree. (1) A person commits the crime of robbery in the third degree if in the course of committing or attempting to commit theft or unauthorized use of a vehicle as defined in ORS 164.135 the person uses or threatens the immediate use of physical force upon another person with the intent of:

�� (a) Preventing or overcoming resistance to the taking of the property or to retention thereof immediately after the taking; or

�� (b) Compelling the owner of such property or another person to deliver the property or to engage in other conduct which might aid in the commission of the theft or unauthorized use of a vehicle.

�� (2) Robbery in the third degree is a Class C felony. [1971 c.743 �148; 2003 c.357 �1]

�� 164.405 Robbery in the second degree. (1) A person commits the crime of robbery in the second degree if the person violates ORS 164.395 and the person:

�� (a) Represents by word or conduct that the person is armed with what purports to be a dangerous or deadly weapon; or

�� (b) Is aided by another person actually present.

�� (2) Robbery in the second degree is a Class B felony. [1971 c.743 �149]

�� 164.410 [Repealed by 1971 c.743 �432]

�� 164.415 Robbery in the first degree. (1) A person commits the crime of robbery in the first degree if the person violates ORS 164.395 and the person:

�� (a) Is armed with a deadly weapon;

�� (b) Uses or attempts to use a dangerous weapon; or

�� (c) Causes or attempts to cause serious physical injury to any person.

�� (2) Robbery in the first degree is a Class A felony. [1971 c.743 �150; 2007 c.71 �51]

�� 164.420 [Repealed by 1971 c.743 �432]

�� 164.430 [Repealed by 1971 c.743 �432]

�� 164.440 [Amended by 1969 c.511 �1; repealed by 1971 c.404 �8 and by 1971 c.743 �432]

�� 164.450 [Repealed by 1971 c.743 �432]

�� 164.452 [1965 c.100 �300; repealed by 1971 c.743 �432]

�� 164.455 [1953 c.535 �1; 1959 c.687 �2; 1965 c.453 �1; repealed by 1971 c.743 �432]

�� 164.460 [Amended by 1957 c.470 �1; 1959 c.530 �2; 1969 c.501 �3; repealed by 1971 c.743 �432]

�� 164.462 [1963 c.552 ��1,2; 1965 c.450 �1; repealed by 1971 c.743 �432]

�� 164.465 [1953 c.430 �1; 1959 c.687 �3; repealed by 1971 c.743 �432]

�� 164.470 [Amended by 1969 c.594 �1; repealed by 1971 c.743 �432]

�� 164.480 [Repealed by 1971 c.743 �432]

�� 164.485 [1969 c.652 �1; repealed by 1971 c.743 �432]

�� 164.490 [1969 c.652 �2; repealed by 1971 c.743 �432]

�� 164.500 [1969 c.652 ��3,4,6; repealed by 1971 c.743 �432]

�� 164.505 [1969 c.652 �5; repealed by 1971 c.743 �432]

�� 164.510 [Repealed by 1971 c.743 �432]

�� 164.520 [Repealed by 1971 c.743 �432]

�� 164.530 [Repealed by 1971 c.743 �432]

�� 164.540 [Repealed by 1971 c.743 �432]

�� 164.550 [Repealed by 1971 c.743 �432]

�� 164.555 [1963 c.552 �3; repealed by 1971 c.743 �432]

�� 164.560 [Repealed by 1971 c.743 �432]

�� 164.570 [Repealed by 1971 c.743 �432]

�� 164.580 [Amended by 1959 c.580 �103; repealed by 1971 c.743 �432]

�� 164.590 [Repealed by 1971 c.743 �432]

�� 164.610 [Repealed by 1971 c.743 �432]

�� 164.620 [Repealed by 1971 c.743 �432]

�� 164.630 [Repealed by 1971 c.743 �432]

�� 164.635 [1961 c.310 �2; 1967 c.332 �1; repealed by 1971 c.743 �432]

�� 164.640 [Repealed by 1971 c.743 �432]

�� 164.650 [Repealed by 1971 c.743 �432]

�� 164.660 [Amended by 1967 c.390 �1; repealed by 1971 c.743 �432]

�� 164.670 [Amended by 1965 c.552 �1; repealed by 1971 c.743 �432]

�� 164.680 [Repealed by 1971 c.743 �432]

�� 164.690 [Repealed by 1971 c.743 �432]

�� 164.700 [1965 c.594 �1; repealed by 1971 c.743 �432]

�� 164.710 [Amended by 1969 c.517 �1; repealed by 1971 c.743 �432]

�� 164.720 [Repealed by 1971 c.743 �432]

�� 164.730 [Amended by 1967 c.351 �1; repealed by 1971 c.743 �432]

�� 164.740 [Repealed by 1971 c.743 �432]

�� 164.750 [1969 c.584 �1; repealed by 1971 c.743 �432]

�� 164.760 [1969 c.584 ��2,3; repealed by 1971 c.743 �432]

�� 164.770 [1969 c.584 �4; repealed by 1971 c.743 �432]

LITTERING

�� 164.775 Deposit of trash within 100 yards of waters or in waters; license suspensions; civil penalties; credit for work in lieu of fine. (1) It is unlawful for any person to discard any glass, cans or other trash, rubbish, debris or litter on land within 100 yards of any of the waters of the state, as defined in ORS 468B.005, other than in receptacles provided for the purpose of holding such trash, rubbish, debris or litter.

�� (2) It is unlawful for any person to discard any glass, cans or other similar refuse in any waters of the state, as defined in ORS 468B.005.

�� (3) In addition to or in lieu of the penalties provided for violation of any provision of this section, the court in which any individual is convicted of a violation of this section may order suspension of certain permits or licenses for a period not to exceed 90 days if the court finds that the violation occurred during or in connection with the exercise of the privilege granted by the permit or license. The permits and licenses to which this section applies are hunting licenses, fishing licenses or boat registrations.

�� (4)(a) Any person sentenced under subsection (6) of this section to pay a fine for violation of this section shall be permitted, in default of the payment of the fine, to work at clearing rubbish, trash and debris from the lands and waters described by subsections (1) and (2) of this section. Credit in compensation for such work shall be allowed at the rate of $25 for each day of work.

�� (b) In any case, upon conviction, if punishment by imprisonment is imposed upon the defendant, the form of the sentence shall include that the defendant shall be punished by confinement at labor clearing rubbish, trash and debris from the lands and waters described by subsections (1) and (2) of this section, for not less than one day nor more than five days.

�� (5) A citation conforming to the requirements of ORS 133.066 shall be used for all violations of subsection (1) or (2) of this section in the state.

�� (6) Violation of this section is a Class B misdemeanor.

�� (7) In addition to and not in lieu of the criminal penalty authorized by subsection (6) of this section, the civil penalty authorized by ORS 468.140 may be imposed for violation of this section.

�� (8) Nothing in this section or ORS 164.785 prohibits the operation of a disposal site, as defined in ORS 459.005, for which a permit is required by the Department of Environmental Quality, for which such a permit has been issued and which is being operated and maintained in accordance with the terms and conditions of such permit. [Formerly 449.107; 1999 c.1051 �132; 2018 c.76 �18]

�� 164.780 [1969 c.584 �5; repealed by 1971 c.743 �432]

�� 164.785 Placing offensive substances in waters, on highways or other property. (1)(a) It is unlawful for any person, including a person in the possession or control of any land, to discard any dead animal carcass or part thereof, excrement, putrid, nauseous, noisome, decaying, deleterious or offensive substance into or in any other manner befoul, pollute or impair the quality of any spring, river, brook, creek, branch, well, irrigation drainage ditch, irrigation ditch, cistern or pond of water.

�� (b)(A) In a prosecution under this subsection, it is a defense that:

�� (i) The dead animal carcass that is discarded is a fish carcass;

�� (ii) The person returned the fish carcass to the water from which the person caught the fish; and

�� (iii) The person retained proof of compliance with any provisions regarding angling prescribed by the State Fish and Wildlife Commission pursuant to ORS 496.162.

�� (B) As used in this paragraph, �fish carcass� means entrails, gills, head, skin, fins and backbone.

�� (2) It is unlawful for any person to place or cause to be placed any polluting substance listed in subsection (1) of this section into any road, street, alley, lane, railroad right of way, lot, field, meadow or common. It is unlawful for an owner thereof to knowingly permit any polluting substances to remain in any of the places described in this subsection to the injury of the health or to the annoyance of any citizen of this state. Every 24 hours after conviction for violation of this subsection during which the violator permits the polluting substances to remain is an additional offense against this subsection.

�� (3) Nothing in this section shall apply to the storage or spreading of manure or like substance for agricultural, silvicultural or horticultural purposes, except that no sewage sludge, septic tank or cesspool pumpings shall be used for these purposes unless treated and applied in a manner approved by the Department of Environmental Quality.

�� (4) Violation of this section is a Class A misdemeanor.

�� (5) The Department of Environmental Quality may impose the civil penalty authorized by ORS 468.140 for violation of this section. [Formerly 449.105; 1983 c.257 �1; 1987 c.325 �1; 2013 c.132 �1]

�� 164.805 Offensive littering. (1) A person commits the crime of offensive littering if the person creates an objectionable stench or degrades the beauty or appearance of property or detracts from the natural cleanliness or safety of property by intentionally:

�� (a) Discarding or depositing any rubbish, trash, garbage, debris or other refuse upon the land of another without permission of the owner, or upon any public way or in or upon any public transportation facility;

�� (b) Draining, or causing or permitting to be drained, sewage or the drainage from a cesspool, septic tank, recreational or camping vehicle waste holding tank or other contaminated source, upon the land of another without permission of the owner, or upon any public way; or

�� (c) Permitting any rubbish, trash, garbage, debris or other refuse to be thrown from a vehicle that the person is operating. This subsection does not apply to a person operating a vehicle transporting passengers for hire subject to regulation by the Department of Transportation or a person operating a school bus described under ORS 801.460.

�� (2) As used in this section:

�� (a) �Public transportation facility� has the meaning given that term in ORS 164.365.

�� (b) �Public way� includes, but is not limited to, roads, streets, alleys, lanes, trails, beaches, parks and all recreational facilities operated by the state, a county or a local municipality for use by the general public.

�� (3) Offensive littering is a Class C misdemeanor. [1971 c.743 �283; 1975 c.344 �2; 1983 c.338 �897; 1985 c.420 �20; 2007 c.71 �52; 2015 c.138 �2]

�� 164.810 [Repealed by 1971 c.743 �432]

UNLAWFUL TRANSPORT

�� 164.813 Unlawful cutting and transport of special forest products. (1) As used in this section:

�� (a) �Harvest� means to separate by cutting, digging, prying, picking, peeling, breaking, pulling, splitting or otherwise removing a special forest product from:

�� (A) Its physical connection or point of contact with the ground or vegetation upon which it was growing; or

�� (B) The place or position where it lay.

�� (b) �Special forest products� means:

�� (A) Plants, plant parts, fruit, fungi, parts of fungi, rocks or minerals that are identified in State Board of Forestry rules as special forest products;

�� (B) Firewood;

�� (C) Trees or parts of trees of a species identified in board rules as a forest tree species not normally used in commercial fores

ORS 201.140

201.140; thence northerly along such county boundary to the boundary of the state; thence westerly along the boundary of the state to the place of beginning.

�� (2) Commencing at a point at the quarter post between sections 23 and 26, township 1 south, range 1 east; thence east to the east line of the city of Sellwood; thence south along the east line of the city of Sellwood to the southeast corner of the city; thence west and westerly along the south line of the city to the center of the Willamette River; thence down the center of the river to the line between sections 22 and 27, township 1 south, range 1 east; thence east along the line between sections 22, 27, 23 and 26 to the place of beginning. [Amended by 1967 c.421 �193; 2013 c.326 �3]

�� 201.270 Polk County. (1) The boundary of Polk County is as follows: Commencing at the southeast corner of Yamhill County, in the center of the main channel of the Willamette River in township 6 south, range 3 west of the Willamette Meridian; thence N 89� 42� 43� W, 900 feet to a brass cap set in the base of the monument set in 1890 to denote the boundary between Polk and Yamhill Counties; thence N 89� 42� 43 � W, 5,256.03 feet to a cast iron pyramid monument set in 1890 to denote the boundary between Polk and Yamhill Counties; thence N 89� 51� 52� W, 14,356.78 feet to an iron pipe and brass cap monument; thence N 89� 48� 05 � W, 1,314.22 feet to an aluminum pipe and aluminum cap monument; thence N 89� 59� 01� W, 3,093.00 feet to an iron pipe and brass cap monument; thence N 89� 59� 32� W, 3,487.12 feet to an iron pipe and brass cap monument; thence N 89� 54� 09� W, 891.58 feet to an iron pipe and brass cap monument; thence N 89� 52� 36� W, 1,131.35 feet to a cast iron pyramid monument set in 1890 to denote the boundary between Polk and Yamhill Counties; thence S 89� 53� 16� W, 6,000.53 feet to a cast iron pyramid monument set in 1890 to denote the boundary between Polk and Yamhill Counties; thence N 89� 40� 14� W, 2,690.80 feet to an iron pipe and brass cap monument; thence N 89� 41� 16� W, 2,708.54 feet to an iron pipe and brass cap monument; thence N 89� 52� 16� W, 9,925.57 feet to a cast iron pyramid monument set in 1890 to denote the boundary between Polk and Yamhill Counties; thence N 89� 21� 07� W, 13,631.79 feet to a cast iron pyramid monument set in 1890 to denote the boundary between Polk and Yamhill Counties; thence S 89� 53� 01� W, 4,749.60 feet to an iron pipe and brass cap monument; thence S 89� 52� 12� W, 4,379.73 feet to an iron pipe and brass cap monument; thence S 89� 51� 31� W, 6,113.50 feet to an iron pipe and brass cap monument; thence S 89� 50� 30� W, 8,340.37 feet to a cast iron pyramid monument set in 1890 to denote the boundary between Polk and Yamhill Counties; thence N 89� 51� 36� W, 5,111.72 feet to a cast iron pyramid monument set in 1890 to denote the boundary between Polk and Yamhill Counties; thence S 89� 29� 45� W, 4,479.59 feet to an iron pipe and brass cap monument; thence S 89� 29� 01� W, 2,258.39 feet to a point five links north of a cast iron pyramid monument set in 1890 to denote a reference to the boundary between Polk and Yamhill Counties; thence N 89� 53� 46� W, 6,983.34 feet to a brass cap set in concrete; thence S 89� 33� 19� W, 8,919.81 feet to an aluminum pipe and aluminum cap monument; thence N 88� 40� 09� W, 7,840.11 feet to an iron pipe and brass cap monument; thence N 88� 41� 27� W, 6,684.99 feet to a cast iron pyramid monument set in 1890 to denote the boundary between Polk and Yamhill Counties; thence N 89� 56� 52� W, 9,123.08 feet to an iron pipe and brass cap monument; thence N 89� 58� 22� W, 7,936.58 feet to an iron pipe and brass cap monument; thence N 89� 29� 17� W, 1,312.89 feet to an iron pipe and brass cap monument; thence N 89� 46� 31� W, 14,458.42 feet to an iron pipe and brass cap monument; thence N 89� 00� 46� W, 615.90 feet to a cast iron pyramid monument set in 1890 to denote the boundary between Polk and Yamhill Counties; thence N 89� 53� 34� W, 4,775.55 feet to the northwest corner of Polk County, which is monumented with an iron pipe and brass cap, as depicted on the county line survey of 2003, which lies on the west boundary of and 62.16 chains southerly from the northwest corner of township 6 south, range 8 west; thence south to the north boundary line of Benton County; thence east along the north boundary line of Benton County to the center of the main channel of the Willamette River; thence down the center of the main channel of the Willamette River where that main channel existed on January 8, 2003, to the confluence of the Santiam River; thence down the center of the main channel of the Willamette River where that main channel was located on June 22, 1981, to the place of beginning, all land on the east of the line last above described being a part of Marion County.

�� (2) When the Willamette River serves as the boundary between Linn and Polk Counties in subsection (1) of this section, a reference to the river refers to the center of the main channel of the Willamette River as it existed on January 8, 2003, and may be further identified using coordinates and other location information determined by the affected county surveyors and filed by the appropriate counties with the appropriate county assessors and the Department of Revenue under ORS 308.225. [Amended by 1981 c.332 �2; 1983 c.780 �1; 2003 c.97 �1; 2003 c.622 �5a]

�� 201.280 Sherman County. The boundary of Sherman County is as follows: Beginning at a point on the boundary of the state opposite the mouth of the John Day River; thence up the middle of the main channel of John Day River to the intersection of such channel and the township line between townships 5 and 6 south; thence west along the south township line of township 5 south to the middle of Buck Hollow; thence down the middle of Buck Hollow to the intersection of Buck Creek and Deschutes River; thence down the main channel of the Deschutes River to a point on the boundary of the state opposite the mouth of the Deschutes River; thence in a general easterly direction along the boundary of the state to the place of beginning. [Amended by 1967 c.421 �194]

�� 201.290 Tillamook County. The boundary of Tillamook County is as follows: Beginning at the southwest corner of township 4 north, range 5 west, Willamette Meridian; thence five miles south; thence six miles west; thence two miles south; thence one mile east; thence one mile south; thence one mile east; thence one mile south; thence one mile east; thence one mile south; thence two miles east; thence one mile south; thence two miles east; thence one mile south; thence two miles east; thence one mile south; thence one mile west; thence one mile south; thence two miles west; thence two miles south; thence two miles west; thence one mile south; thence one mile west; thence one mile south; thence one mile west; thence two miles south; thence one mile west; thence three miles south; thence one mile west; thence one mile south; thence one mile east to the northwest corner of section 5, township 2 south, range 6 west, Willamette Meridian; thence south 15 miles to the northwest corner of section 20, township 4 south, range 6 west; thence west 16 miles to the center of township 4 south, range 9 west; thence south to the northwest corner of the southwest quarter of the southwest quarter of section 3, township 6 south, range 9 west; thence east to the northwest corner of Polk County; thence south to the northeast corner of Lincoln County; thence west along the northern boundary of Lincoln County to the western boundary of the state; thence north along such western boundary to the south boundary line of Clatsop County; thence east along the south boundary line of Clatsop County to the point of beginning. [Amended by 1981 c.332 �1]

�� 201.300 Umatilla County. The boundary of Umatilla County is as follows:

�� (1) Beginning at a point on the boundary of the state and the eastern boundary of Morrow County, as described in ORS 201.250; thence southerly along such county boundary to the northern boundary of Grant County, as described in ORS 201.120; thence easterly along such county boundary to the boundary of Union County as described in subsection (2) of this section.

�� (2) The boundary line between Umatilla and Wallowa and Umatilla and Union Counties begins at the terminus of Umatilla and Union Counties on the south and more particularly described as follows: Commencing at the summit of the Blue Mountains where the township line between townships 6 and 7 south intersects the summit; thence west on the township line to the southwest corner of section 33, township 6 south, range 35 east, of the Willamette Meridian; thence north to the northwest corner of section 4 of such township and range; thence west to the southwest corner of section 34, township 5 south, range 34 east, of the Willamette Meridian; thence north to the northwest corner of section 27, township 4 south, range 34 east, of the Willamette Meridian; thence west to the northwest corner of section 27, township 4 south, range 33 1/2 east, of the Willamette Meridian; thence north to the northeast corner of township 4 south, range 33 east, of the Willamette Meridian; thence west to the southwest corner of section 35, township 3 south, range 33 east, of the Willamette Meridian; thence north to the northwest corner of section 2, township 3 south, range 33 east, of the Willamette Meridian; thence east to the northeast corner of township 3 south, range 33 east, of the Willamette Meridian; thence south to the northwest corner of township 3 south, range 33 1/2 east, of the Willamette Meridian; thence east to the southeast corner of township 2 south, range 33 east, of the Willamette Meridian; thence north to the northwest corner of section 31, township 2 south, range 34 east, of the Willamette Meridian; thence east to the southeast corner of section 28, township 2 south, range 35 east, of the Willamette Meridian; thence north to the northwest corner of section 3, township 2 south, range 35 east, of the Willamette Meridian; thence east to the southeast corner of southwest quarter of section 35, township 1 south, range 35 east, of the Willamette Meridian; thence north to the northwest corner of the northeast quarter of section 35, township 1 south, range 35 east, of the Willamette Meridian; thence east to the northeast corner of northwest quarter of section 36, township 1 south, range 35 east, of the Willamette Meridian; thence south to the center of section 36, township 1 south, range 35 east, of the Willamette Meridian; thence east to the northeast corner of southeast quarter of section 36, township 1 south, range 35 east, of the Willamette Meridian; thence south to the southwest corner of township 1 south, range 36 east, of the Willamette Meridian; thence east along the south boundary line of township 1 south, range 36 east, and township 1 south, range 37 east, to the southwest corner of section 33, township 1 south, range 37 east, of the Willamette Meridian; thence north to the northeast corner of section 20, township 1 south, range 37 east, of the Willamette Meridian; thence east to the southeast corner of section 13, township 1 south, range 37 east of the Willamette Meridian; thence north along the east boundary line of township 1 south, range 37 east, and townships 1 and 2 north, range 37 east, of the Willamette Meridian, to the northeast corner of township 2 north, range 37 east, of the Willamette Meridian; thence east to the northeast corner of the northwest quarter of section 4, township 2 north, range 38 east, of the Willamette Meridian; thence north to the township line between townships 3 and 4 north, range 38 east, of the Willamette Meridian; thence east to the southeast corner of section 34, township 4 north, range 38 east, of the Willamette Meridian; thence north to the northwest corner of section 23, township 4 north, range 38 east, of the Willamette Meridian; thence east to the southwest corner of section 17, township 4 north, range 39 east, of the Willamette Meridian; thence north to the northwest corner of section 5, township 4 north, range 39 east, of the Willamette Meridian; thence east to the southeast corner of section 31, township 5 north, range 39 east, of the Willamette Meridian; thence due north about nine and one-half miles, terminating at the state line between Oregon and Washington. [Amended by 1967 c.421 �195]

�� 201.310 Union County. The boundary of Union County is as follows: Commencing at a point where the forty-sixth parallel of latitude crosses the summit of the Blue Mountains; thence east along such line to its intersection with Snake River; thence up the middle of the channel of the river to the mouth of the Powder River; thence up the middle channel of the river to the mouth of the north fork of the same; thence up the main channel of the North Powder River to its source; thence west to a point intersecting the east boundary line of Umatilla County; thence northerly along such line to the place of beginning.

�� 201.320 Wallowa County. The boundary of Wallowa County is as follows:

�� (1) Commencing at the northeast corner of the state; thence west on the state line to the east boundary of Umatilla County; thence south on the east boundary of Umatilla County to the first standard parallel north of the Willamette Base Line; thence east to the northwest corner township 4 north, range 41 east, Willamette Meridian; thence south six miles to the southwest corner township 4 north, range 41 east, Willamette Meridian; thence west two miles to the northwest corner section 2, township 3 north, range 40 east, Willamette Meridian; thence south six miles to the southwest corner section 35, township 3 north, range 40 east, Willamette Meridian; thence east one mile to the southeast corner section 35; thence south two miles to the southwest corner section 12, township 2 north, range 40 east, Willamette Meridian; thence east one mile to the southeast corner section 12; thence south three miles to the southwest corner section 30, township 2 north, range 41 east, Willamette Meridian; thence east one mile to the southeast corner of section 30; thence south seven miles to the southwest corner section 32, township 1 north, range 41 east, Willamette Meridian; thence east two miles to the southeast corner section 33, township 1 north, range 41 east, Willamette Meridian; thence south six miles to the southwest corner section 34, township 1 south, range 41 east, Willamette Meridian; thence east one mile to the southeast corner section 34; thence south four miles to the southwest corner section 23, township 2 south, range 41 east, Willamette Meridian; thence east one mile to the southwest corner section 24, township 2 south, range 41 east, Willamette Meridian; thence south two miles to the southwest corner section 36, township 2 south, range 41 east, Willamette Meridian; thence east three miles to southeast corner section 32, township 2 south, range 42 east, Willamette Meridian; thence south two miles to the southwest corner section 9, township 3 south, range 42 east, Willamette Meridian; thence east one mile to the southeast corner of such section line; thence south one mile to the southwest corner section 15, township 3 south, range 42 east, Willamette Meridian; thence east one mile to the southeast corner section 15; thence south two miles to the southwest corner section 26, township 3 south, range 42 east, Willamette Meridian; thence east one mile to the southwest corner section 25, township 3 south, range 42 east, Willamette Meridian; thence south four miles to the southwest corner section 13, township 4 south, range 42 east, Willamette Meridian; thence east two miles to the southeast corner section 18, township 4 south, range 43 east, Willamette Meridian; thence south three miles to the northwest corner section 5, township 5 south, range 43 east, Willamette Meridian; thence east 11 miles to the southeast corner, township 4 south, range 44 east, Willamette Meridian; thence south six miles to the southeast corner, township 5 south, range 44 east, Willamette Meridian, a point on first standard parallel south of the Willamette Base Line; thence east to the east boundary of the state; thence northerly along the east boundary of the state to the place of beginning.

�� (2) The western and southern boundaries of Wallowa County established by subsection (1) of this section are the eastern and northern boundaries of the adjacent counties.

�� 201.330 Wasco County. The boundary of Wasco County is as follows: Beginning at a point on the boundary of the state opposite the meander corner between sections 3 and 4, township 2 north, range 11 east of the Willamette Meridian; thence running south along the section line between sections 3 and 4, and along such line extended southerly along section lines to a point on the Willamette Base Line at the southeast corner of section 33, township 1 north, range 11 east of Willamette Meridian; thence westerly along the base line to the northeast corner of township 1 south, range 10 east of Willamette Meridian; thence south along the township lines to the southeast corner of township 3 south, range 10 east of Willamette Meridian; thence westerly along the south line of township 3 south, range 10 east, and such line extended along the south side of township 3 south, range 9 east of the Willamette Meridian, to the summit of the Cascade Range; thence southerly along the summit of the Cascade Range to the projection westerly of the township line between townships 8 and 9 south of the Willamette Base; thence easterly along the projection and along the township line between townships 8 and 9 south to the intersection of the township line with the main channel of the John Day River; thence in a generally northerly direction along the main channel of the John Day River to the point of intersection of the main channel with the township line between townships 5 and 6 south of the Willamette Base; thence westerly along the south township line of township 5 south to the middle of Buck Hollow; thence down the middle of Buck Hollow to the intersection of Buck Creek and the main channel of the Deschutes River; thence down the main channel of the Deschutes River to a point on the boundary of the state opposite the mouth of the Deschutes River; thence in a general westerly direction along the boundary of the state to the place of beginning. [Amended by 1967 c.421 �196]

�� 201.340 Washington County. The boundary of Washington County is as follows: Commencing at the southeast corner of section 1, township 3 south, range 1 west, Willamette Meridian; thence northerly along the Willamette Meridian 13 miles; thence one mile west; thence one mile north; thence one mile west; thence one mile north; to the southeast corner of section 22, township 1 north, range 1 west; thence westerly along the south line of section 22, N 88�09�28� W 2629.75 feet, more or less, to the easterly right-of-way of Northwest Marcotte Road, as dedicated in the Map of Replat of Lots 4 & 5 Bonny Slope, a subdivision in the Multnomah County Plat Records, and a point 25.00 feet easterly of the centerline of Northwest Marcotte Road, when measured at a right angle to the centerline, also being S 88�09�28� E 28.28 feet, more or less, from the half-section line running north and south through section 22; thence northerly along the easterly and southerly right-of-way of Northwest Marcotte Road, being parallel with and 25.00 feet easterly and southerly of Northwest Marcotte Road, when measured at a right angle to the centerline; thence the following five courses: N 29�43�32� E 403.77 feet, more or less, to the beginning of a 104.76-foot radius curve to the right; thence along the 104.76-foot radius curve to the right through a central angle of 78�38�00� (chord bears N 69�02�32� E 132.75 feet) 143.77 feet, more or less, to the end of the 104.76-foot radius curve and a point of tangency; thence S 71�38�28� E 233.12 feet, more or less, to the beginning of a 125.00-foot radius curve to the left; thence along the 125.00-foot radius curve to the left through a central angle of 105�00�00� (chord bears N 55�51�32� E 198.34 feet) 229.07 feet, more or less, to the end of the 125.00-foot radius curve and a point of tangency; thence N 03�21�32� E 59.58 feet, more or less, to the southerly right-of-way of Multnomah County Road No. 1218 (Northwest Laidlaw Road), at a point 25.00 feet southerly of the centerline of Multnomah County Road 1218, when measured at a right angle to the centerline of the road; thence leaving the rights-of-way of Northwest Marcotte Road and Multnomah County Road No. 1218, N 37�08�10� W 43.84 feet, more or less, to the centerline of Multnomah County Road No. 1218 at centerline station 20+02.00 B.C., as shown on the map of Multnomah County Road No. 1218, map D15/13, Multnomah County Road Records; thence radial to the centerline, N 09�02�50� W 25.00 feet, more or less, to the northerly right-of-way of Multnomah County Road No. 1218 at station 20+02.00 B.C. 25.00 feet right and the beginning of a 179.60-foot radius, nontangent curve to the right; thence along the northerly and easterly right-of-way of Multnomah County Road No. 1218, being parallel with and 25.00 northerly and easterly of the centerline of Multnomah County Road No. 1218, when measured at a right angle to the centerline of the road, the following seven courses: along the 179.60-foot radius, nontangent curve to the right through a central angle of 23�58�00� (chord bears N 87�03�50� W 74.58 feet) 75.13 feet, more or less, to the end of the 179.60-foot radius, nontangent curve and a point tangency at station 20+87.59 E.C. 25.00 feet right; thence N 75�04�50� W 180.48 feet, more or less, to station 22+68.07 B.C. 25.00 feet right and the beginning of a 179.60-foot radius curve to the right; thence on the 179.60-foot radius curve to the right through a central angle of 33�17�00� (chord bears N 58�26�20� W 102.87 feet) 104.33 feet, more or less, to the end of the 179.60-foot radius curve and a point of tangency at station 23+86.94 E.C. 25.00 feet right; thence N 41�47�50� W 728.26 feet, more or less, to station 31+15.20 B.C. 25.00 feet right and the beginning of a 195.40-foot radius curve to the right; thence on the 195.40-foot radius curve to the right through a central angle of 43�31�00� (chord bears N 20�02�20� W 144.87 feet) 148.41 feet, more or less, to the end of 195.40-foot radius curve and a point of tangency at station 32+82.57 E.C. 25.00 feet right; thence N 01�43�10� E 575.23 feet, more or less, to station 38+57.80 B.C. 25.00 feet right and the beginning of a 216.00-foot radius curve to the left; thence along the 216.00-foot radius curve to the left through a central angle of 37�06�53� (chord bears N 16�50�16� W 137.49 feet) 139.92 feet, more or less, to the east line of the real property described in Deed Document 94-055215 of the Multnomah County Deed Records; thence, leaving the right-of-way of Multnomah County Road No. 1218, northerly along the east line of the real property described in Deed Document 94-055215, N 02�11�48� E 611.94 feet, more or less, to the half-section line running east and west in section 22 and the northeast corner of the real property described in Deed Document 94-055215; thence westerly along the half section line, N 88�26�12� W 1812.29 feet, more or less, to the northeast corner of Lot 19 of Bonny Slope, a subdivision in the Multnomah County Plat Records, and the southeast corner of the real property described in Book 600, Page 1653, of the Multnomah County Deed Records; thence northerly along the east line of the real property described in Book 600, Page 1653, N 02�11�48� E 180.00 feet, more or less, to the northeast corner of the real property; thence westerly along the north line of the real property described in Book 600, Page 1653, N 88�26�12� W 374.00 feet, more or less, to the northwest corner of the real property described in Book 600, Page 1653 and the easterly right-of-way of Northwest 124th Avenue at a point 25.00 feet easterly of the centerline of Northwest 124th Avenue, when measured at a right angle to the centerline of the road; thence southerly along the easterly right-of-way of Northwest 124th Avenue, being parallel with and 25.00 feet easterly of the centerline of Northwest 124th Avenue when measured at a right angle to the centerline of the road, S 02�11�48� W 180.00 feet, more or less, to the half-section line running east and west through section 22 and the north line of the Bonny Slope subdivision; thence westerly along the half-section line, N 88�26�12� W 215.30 feet, more or less, to the section line running north and south between section 22 and section 21; thence northerly along the section line one-half mile to the northwest corner of section 22, township 1 north, range 1 west; thence one mile west; thence one mile north; thence one mile west; thence one mile north; thence one mile west; thence one mile north; thence one mile west; thence one mile north; thence one mile west; thence one mile north; thence one mile west; thence seven miles north; thence three miles west; thence one mile north; thence two miles west; thence two miles north; thence 16 miles west; thence five miles south; thence six miles west; thence two miles south; thence one mile east; thence one mile south; thence one mile east; thence one mile south; thence one mile east; thence one mile south; thence two miles east; thence one mile south; thence two miles east; thence one mile south; thence two miles east; thence one mile south; thence one mile west; thence one mile south; thence two miles west; thence two miles south; thence two miles west; thence one mile south; thence one mile west; thence one mile south; thence one mile west; thence two miles south; thence one mile west; thence three miles south; thence one mile west; thence one mile south; thence 17 miles east; thence one mile south; thence one mile east; thence one mile south; thence four miles east; thence one mile south; thence one mile east; thence one mile south; thence one mile east; thence one mile south; thence one mile east; thence one mile south; thence three miles east; thence two miles south; thence three miles east; thence two miles north; thence two miles east; thence one mile south; thence three miles east to the place of beginning. [Amended by 2013 c.326 �4]

�� 201.350 Wheeler County. The boundary of Wheeler County is as follows: Beginning at the northwest corner of township 13 south, range 20 east of the Willamette Meridian; thence south three miles along the west line of the township; thence east along section lines to the east boundary of range 22 east; thence south on the range line to the southeast corner of township 13 south, range 22 east; thence easterly along the southerly to the southeast corner of the township line to the northeast corner of township 14 south, range 23 east; thence southerly to the southeast corner of said township; thence easterly along township lines to the southeast corner of township 14 south, range 25 east; thence northerly along the east line of range 25 east, to the northeast corner of township 7 south, range 25 east; thence westerly to the northwest corner of the township; thence northerly along the east line of township 6 south, range 24 east, to the southeast corner of section 1 of the township; thence westerly along section lines to the middle of the main channel of the John Day River; thence southerly along the middle of the main channel of the John Day River to the point where the main channel intersects the east line of section 25, township 9 south, range 19 east; thence southerly along the east line of range 19 east to the place of beginning.

�� 201.360 Yamhill County. The boundary of Yamhill County is as follows:

�� (1) Commencing in the middle of the main channel of the Willamette River one mile below the Butte; thence in a direct course due west to the Pacific Ocean; thence south along the coast of the Pacific Ocean to a point due west of George Gay�s house; thence due east to the northwest corner of Polk County, which corner is monumented with an iron pipe and brass cap, as depicted on the county line survey of 2003, which lies on the west boundary of and 62.16 chains southerly from the northwest corner of township 6 south, range 8 west; thence S 89� 53� 34� E, 4,775.55 feet to a cast iron pyramid monument set in 1890 to denote the boundary between Polk and Yamhill Counties; thence S 89� 00� 46� E, 615.90 feet to an iron pipe and brass cap monument; thence S 89� 46� 31� E, 14,458.42 feet to an iron pipe and brass cap monument; thence S 89� 29� 17� E, 1,312.89 feet to an iron pipe and brass cap monument; thence S 89� 58� 22� E, 7,936.58 feet to an iron pipe and brass cap monument; thence S 89� 56� 52� E, 9,123.08 feet to a cast iron pyramid monument set in 1890 to denote the boundary between Polk and Yamhill Counties; thence S 88� 41� 27� E, 6,684.99 feet to an iron pipe and brass cap monument; thence S 88� 40� 09� E, 7,840.11 feet to an aluminum pipe and aluminum cap monument; thence N 89� 33� 19� E, 8,919.81 feet to a brass cap set in concrete; thence S 89� 53� 46� E, 6,983.34 feet to a point five links north of a cast iron pyramid monument set in 1890 to denote a reference to the boundary between Polk and Yamhill Counties; thence N 89� 29� 01� E, 2,258.39 feet to an iron pipe and brass cap monument; thence N 89� 29� 45� E, 4,479.59 feet to a cast iron pyramid monument set in 1890 to denote the boundary between Polk and Yamhill Counties; thence S 89� 51� 36� E, 5,111.72 feet to a cast iron pyramid monument set in 1890 to denote the boundary between Polk and Yamhill Counties; thence N 89� 50� 30� E, 8,340.37 feet to an iron pipe and brass cap monument; thence N 89� 51� 31� E, 6,113.50 feet to an iron pipe and brass cap monument; thence N 89� 52� 12� E, 4,379.73 feet to an iron pipe and brass cap monument; thence N 89� 53� 01� E, 4,749.60 feet to a cast iron pyramid monument set in 1890 to denote the boundary between Polk and Yamhill Counties; thence S 89� 21� 07� E, 13,631.79 feet to a cast iron pyramid monument set in 1890 to denote the boundary between Polk and Yamhill Counties; thence S 89� 52� 16� E, 9,925.57 feet to an iron pipe and brass cap monument; thence S 89� 41� 16� E, 2,708.54 feet to an iron pipe and brass cap monument; thence S 89� 40� 14� E, 2,690.80 feet to a cast iron pyramid monument set in 1890 to denote the boundary between Polk and Yamhill Counties; thence N 89� 53� 16� E, 6,000.53 feet to a cast iron pyramid monument set in 1890 to denote the boundary between Polk and Yamhill Counties; thence S 89� 52� 36� E, 1,131.35 feet to an iron pipe and brass cap monument; thence S 89� 54� 09� E, 891.58 feet to an iron pipe and brass cap monument; thence S 89� 59� 32� E, 3,487.12 feet to an iron pipe and brass cap monument; thence S 89� 59� 01� E, 3,093.00 feet to an aluminum pipe and aluminum cap monument; thence S 89� 48� 05� E, 1,314.22 feet to an iron pipe and brass cap monument; thence S 89� 51� 52� E, 14,356.78 feet to a cast iron pyramid monument set in 1890 to denote the boundary between Polk and Yamhill Counties; thence S 89� 42� 43� E, 5,256.03 feet to a brass cap set in the base of the monument set in 1890 to denote the boundary between Polk and Yamhill Counties; thence S 89� 42� 43� E, 900 feet to the middle of the main channel of the Willamette River, at a point in the Willamette River, leaving Gay�s house in Yamhill County; thence down the channel to the place of beginning.

�� (2) The boundaries of Yamhill and Washington Counties begin at the center of the main channel of the Willamette River at its intersection with the meridian line; thence north to the northeast corner of section 13, township 3 south, range 1 west; thence two miles west; one mile north; one mile west; one mile north; two miles west; one mile south; three miles west; one mile north; three miles west; one mile north; one mile west; one mile north; one mile west; one mile north; one mile west; one mile north; thence west on the section line to center of Wapatoo Lake; thence down the center of the lake to its intersection with the south line of township 1 south; thence west on the township line to the summit of the Coast Mountains.

�� (3) The boundary line between Yamhill and Tillamook Counties commences at the northwest corner of section 5, township 2 south of range 6 west, Willamette Meridian; thence south 15 miles along east lines of sections 6, 7, 18, 19, 30 and 31 of township 2 south, range 6 west, sections 6, 7, 18, 19, 30 and 31 of township 3 south, range 6 west and sections 6, 7 and 18, township 4 south, range 6 west, Willamette Meridian to the southeast corner of section 18, township 4 south, range 6 west; thence west 16 miles along the east-west centerline of township 4 south, range 6 west, township 4 south, range 7 west, township 4 south, range 8 west and township 4 south, range 9 west to the center of township 4 south, range 9 west, Willamette Meridian; thence south nine and three-fourths miles along the north-south centerline of township 4 south, range 9 west, township 5 south, range 9 west and township 6 south, range 9 west to the northwest corner of the southwest quarter of the southwest quarter of section 3, township 6 south, range 9 west, Willamette Meridian; thence east three miles along the north line of the south one-half of the south one-half of sections 3, 2 and 1 to the northeast corner of the southeast quarter of the southeast quarter of section 1, township 6 south, range 9 west, Willamette Meridian. [Amended by 1981 c.332 �3; 2003 c.97 �2]

�� 201.370 Boundaries of counties bordering Pacific Ocean. (1) The boundaries of all counties bordering on the Pacific Ocean extend to the western boundary of the state as defined in the Oregon Constitution.

�� (2) Notwithstanding the provisions of subsection (1) of this section, planning for ocean resources and for submerged and submersible lands of the territorial sea shall be accomplished as set forth in ORS 196.405 to 196.515. [Amended by 1987 c.576 �22]

ORS 307.169

307.169)]

(Leased Public or Institutional Property)

�� 307.166 Property leased by exempt institution, organization or public body to another exempt institution, organization or public body. (1) If property is owned or being purchased by an institution, organization or public body that is granted exemption or the right to claim exemption for any of its property under a provision of law contained in this chapter, and the institution, organization or public body leases or otherwise grants the use and possession of the property to another institution, organization or public body that is likewise granted exemption or the right to claim exemption for property under a provision of law contained in this chapter, the property is exempt from taxation if used by the lessee or possessor in the manner, if any, required by law for the exemption of property owned or being purchased by the lessee or possessor and any tax savings resulting from the exemption from taxation granted under this section will inure solely to the benefit of the lessee or possessor. Likewise, if the property is sublet or otherwise the use and possession of the property is granted to another institution, organization or public body of the kind described in this subsection, the property is exempt if used by the sublessee or possessor in the manner, if any, required by law for the exemption of property owned or being purchased by the sublessee or possessor and any tax savings resulting from the exemption from taxation granted under this section will inure solely to the benefit of the sublessee or possessor.

�� (2) Except as provided in subsection (4) of this section, to obtain the exemption under this section, the lessee, sublessee or entity in possession must file a claim for exemption with the county assessor, verified by the oath or affirmation of the president or other proper officer of the institution or organization, or head official of the public body or the legally authorized delegate of the head official, showing:

�� (a) A complete description of the property for which exemption is claimed.

�� (b) All facts relating to the ownership or purchase of the property.

�� (c) All facts relating to the use of the property by the lessee, sublessee or entity in possession.

�� (d) A true copy of the lease, sublease or other grant of use and possession covering the property for which exemption is claimed.

�� (e) Any other information required by the claim form.

�� (3)(a) The claim required under subsection (2) of this section must be filed on or before April 1 preceding the tax year for which the exemption is claimed, except:

�� (A) If the lease, sublease or other grant of use and possession is entered into after March 1 but not later than June 30, the claim must be filed within 30 days after the date the lease, sublease or other grant of use and possession is entered into if the exemption is claimed for the assessment year beginning on the preceding January 1; or

�� (B) If a late filing fee is paid in the manner provided in ORS 307.162 (2), the claim may be filed within the time specified in ORS 307.162 (2).

�� (b) The exemption first applies for the tax year beginning July 1 of the year for which the claim is filed. The exemption continues as long as the ownership and use of the property remain unchanged and during the period of the lease, sublease or other grant of use and possession. If either the ownership or use changes, a new claim must be filed as provided in this section. If the lease, sublease or other grant of use and possession expires before July 1 of any year, the exemption terminates as of January 1 of the same calendar year.

�� (4)(a) In lieu of filing a claim under subsection (2) of this section, the lessor, sublessor or person granting the use and possession of property that is exempt from taxation under ORS 307.040 or 307.090 to a lessee, sublessee or entity the property of which is eligible for exemption under ORS 307.040 or 307.090 must provide the assessor of the county in which the property is located with the following information as soon as practicable after execution of a lease, sublease or other grant of use and possession of the property:

�� (A) The name and address of the lessee, sublessee or possessor;

�� (B) Upon request of the assessor, a copy of the lease, sublease or other grant of use and possession of the property; and

�� (C) The location of the property.

�� (b) Upon compliance with paragraph (a) of this subsection, the property is exempt from taxation under this section during the term of the lease, sublease or other grant of use and possession. [1977 c.884 �26 (enacted in lieu of 307.164); 1991 c.459 �45; 1993 c.104 �1; 1997 c.154 �1; 1997 c.541 �107; 1999 c.579 �19; 2009 c.626 �3; 2011 c.655 �3; 2013 c.193 �15; 2017 c.554 �2]

�� 307.168 State land under lease. (1) Notwithstanding ORS 307.110, all land leased by any person from the State Land Board or agency with authority over land under ORS 273.141 is exempt from taxation.

�� (2) As used in this section �land� means the land itself, above or under water, but does not include:

�� (a) Any buildings, structures, improvements, machinery, equipment or fixtures erected upon, under, above or affixed to the land; or

�� (b) Mines, minerals, or quarries in, under or upon the land. The term �land,� however, does include all water rights appertaining to the land. [1982 s.s.1 c.25 �2; 1995 c.589 �5]

�� 307.169 [Formerly 307.165; 1991 c.459 �46; 1993 c.187 �24; repealed by 1995 c.748 �9]

�� 307.170 [Amended by 1955 c.576 �2; 1961 c.543 �5; renumbered 307.162]

�� 307.171 Sports facility owned by large city. Any sports facility owned by a city with a population of at least 500,000 is exempt from taxation, even if leased to or operated by a taxpaying entity. [2001 c.931 �2]

(Alternative Energy Systems)

�� 307.175 Alternative energy systems and community solar projects. (1) As used in this section:

�� (a) �Alternative energy system� means property consisting of solar, geothermal, wind, water, fuel cell or methane gas energy systems for the purpose of heating, cooling or generating electricity.

�� (b) �Community solar project� has the meaning given that term in ORS 757.386.

�� (2) The following property is exempt from ad valorem property taxation:

�� (a) An alternative energy system that is:

�� (A) A net metering facility, as defined in ORS 757.300; or

�� (B) Primarily designed to offset onsite electricity use.

�� (b) A community solar project.

�� (3) Notwithstanding ORS 307.110 and 308.505 to 308.674, any portion of the real property to which an alternative energy system is affixed is exempt under this section if:

�� (a) The real property is otherwise exempt from ad valorem property taxation; and

�� (b) The alternative energy system is exempt under this section.

�� (4) Property equipped with an alternative energy system is exempt from ad valorem property taxation in an amount that equals any positive amount obtained by subtracting the real market value of the property as if it were not equipped with an alternative energy system from the real market value of the property as equipped with the alternative energy system.

�� (5) A community solar project is eligible to claim the exemption granted under this section beginning on the date on which the electrical inspection for the project is completed and approved.

�� (6) A community solar project that is granted exemption under this section may not be granted any other exemption from ad valorem property taxes for the same property tax year. [1975 c.460 ��1,2; 1977 c.196 ��9,10; 1979 c.670 �1; 1991 c.459 �47; 1997 c.534 �1; 2001 c.584 �1; 2007 c.885 �1; 2011 c.656 �3; 2022 c.79 �1; 2023 c.398 �9]

�� Note: Section 4, chapter 656, Oregon Laws 2011, provides:

�� Sec. 4. (1) The amendments to ORS 307.175 by section 3, chapter 656, Oregon Laws 2011, apply to property tax years beginning on or after July 1, 2011.

�� (2)(a) The amendments to ORS 307.175 by section 1, chapter 79, Oregon Laws 2022, apply to property tax years beginning on or after July 1, 2022, and before July 1, 2024.

�� (b) The amendments to ORS 307.175 by section 9 of this 2023 Act apply to property tax years beginning on or after July 1, 2024.

�� (3) An exemption under ORS 307.175 may not be allowed for property tax years beginning after July 1, 2029. [2011 c.656 �4; 2013 c.193 �28; 2017 c.542 �1; 2022 c.79 �2; 2023 c.398 �10]

�� Note: 307.175 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 307 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Temporary provisions relating to exemption of solar project property and payment of fee in lieu of property taxes)

�� Note: Sections 1, 2 and 3, chapter 571, Oregon Laws 2015, provide:

�� Sec. 1. (1)(a) The governing body of a county and the owner or person in possession or control of a solar project located within the county and outside the boundaries of any incorporated city may enter into an agreement that exempts from property taxes the property constituting the solar project and allows the payment of a fee in lieu of property taxes imposed on the property.

�� (b) An agreement entered into under this section:

�� (A) May not be for a term longer than 20 consecutive years;

�� (B) Must indicate how the land on which the solar project is located will be treated with respect to the exemption and fee in lieu of property taxes; and

�� (C) Must set the rate of the fee in lieu of property taxes in accordance with subsection (2) of this section.

�� (c) If any portion of a solar project is located within the boundaries of an incorporated city, the governing body of the county shall consult with the governing body of the city before entering into an agreement under paragraph (a) of this subsection. An agreement entered into under paragraph (a) of this subsection with respect to a solar project located within the boundaries of the incorporated city is not effective unless the governing body of the city is a party to the agreement.

�� (2) The fee in lieu of property taxes shall be computed at a rate not less than $5,500, and not more than $7,000, per megawatt of nameplate capacity of the solar project for each property tax year. Megawatt of nameplate capacity shall be carried to the third decimal place.

�� (3)(a) On or before December 31 preceding the first property tax year to which an agreement entered into under this section relates, the owner or person in possession or control of the solar project shall file with the assessor of the county in which the solar project is located and the Department of Revenue a copy of the agreement and the nameplate capacity of the solar project.

�� (b) For each subsequent property tax year to which the agreement relates, the owner or person in possession or control of the solar project shall include with the statement required under ORS 308.524 the nameplate capacity of the solar project.

�� (c) A filing made under paragraph (a) of this subsection after December 31 must be accompanied by a late fee of $200. A filing may not be made after March 1 preceding the property tax year to which the filing relates.

�� (4)(a) For each property tax year to which an agreement relates, the department, when certifying and transmitting the assessment roll to the county assessors under ORS 308.505 to 308.674, shall provide the nameplate capacity of each solar project paying the fee in lieu of property taxes to each assessor of a county in which a solar project is located.

�� (b) As required under ORS 311.255, the county assessors shall extend upon the tax roll against all property constituting a solar project located in the respective counties all fees in lieu of property taxes for the property tax year. The fees shall be apportioned and distributed among the taxing districts having jurisdiction over the property in the proportion that each taxing district�s total tax rate for the property tax year bears to all the taxing districts� total tax rates for the property tax year.

�� (5)(a) If the owner or person in possession or control of a solar project that has entered into an agreement under this section fails to pay the fee as required under this section, the property constituting the solar project is not exempt for the following property tax year and shall be assessed and taxed as other similar property is assessed and taxed.

�� (b) Notwithstanding paragraph (a) of this subsection, the property shall be exempt for the following property tax year upon payment, within one year after the date of delinquency, of the delinquent fee plus interest at the rate prescribed in ORS 311.505 (2). Delinquent fees and interest shall be collected in the manner provided for collection of delinquent property taxes on personal property.

�� (6)(a) If the owner or person in possession or control of the solar project fails to pay the fee in lieu of property taxes for more than one year during the term of an agreement entered into under this section, notwithstanding the agreement, the property constituting the solar project shall be disqualified for the exemption and payment of the fee in lieu of property taxes.

�� (b) Property that is disqualified under this subsection shall:

�� (A) Be assessed and taxed as other similar property is assessed and taxed.

�� (B) In addition, be assessed a penalty in an amount equal to one year of the fee in lieu of property taxes for the property. The penalty assessed under this subparagraph shall be distributed in the manner described in subsection (4)(b) of this section.

�� (7)(a) Property constituting a solar project that has received an exemption under ORS 285C.350 to 285C.370 or 307.123 for any property tax year is not eligible to pay a fee in lieu of property taxes under this section.

�� (b) Paragraph (a) of this subsection does not apply to property constituting a solar project that was the subject of an application filed pursuant to ORS 285C.350 to 285C.370 if the property did not receive the exemption for any property tax year. The election to pay the fee in lieu of property taxes for property described in this paragraph is not a disqualifying event. [2015 c.571 �1; 2019 c.628 �1; 2021 c.571 �1]

�� Sec. 2. Section 1 of this 2015 Act applies to property tax years beginning on or after July 1, 2016. [2015 c.571 �2]

�� Sec. 3. (1) Section 1, chapter 571, Oregon Laws 2015, is repealed on January 2, 2028.

�� (2) Notwithstanding subsection (1) of this section, property constituting a solar project that is exempt from property taxes under section 1, chapter 571, Oregon Laws 2015, on the date specified in subsection (1) of this section shall continue to be exempt and to pay the fee in lieu of property taxes for the term specified in the agreement entered into under section 1, chapter 571, Oregon Laws 2015. [2015 c.571 �3; 2021 c.571 �2]

(Temporary provisions relating to exemption of property that will be seismically retrofitted)

�� Note: Sections 1 to 6, chapter 537, Oregon Laws 2017, provide:

�� Sec. 1. (1) As used in sections 1 to 5 of this 2017 Act:

�� (a)(A) �Eligible costs� means costs that are:

�� (i) Directly related to the work necessary to seismically retrofit eligible property; and

�� (ii) Incurred after an application relating to the retrofitting has been approved under section 2 of this 2017 Act.

�� (B) �Eligible costs� includes, but is not limited to:

�� (i) All costs directly related to structural seismic retrofitting, including, but not limited to, the necessary costs of demolition and restoration of similar architectural finishes, electrical systems, plumbing and mechanical systems necessary for access; and

�� (ii) Architectural and engineering fees, and fees for testing, insurance and project management, related to the seismic retrofitting.

�� (C) �Eligible costs� does not include:

�� (i) Costs associated with refurbishing or remodeling that are intended to enhance the aesthetics, functionality or marketability of the improvements but do not extend the seismic life safety of the improvements; or

�� (ii) Costs for abatement of hazardous materials, including, but not limited to, asbestos, or for relocation or loss of rent during the seismic retrofitting.

�� (b) �Eligible property� means improvements built before January 1, 1993, that constitute a commercial, industrial or multifamily building.

�� (2) The governing body of a city or county may adopt an ordinance or resolution providing for exemption or partial exemption from ad valorem property taxation of eligible property that will be seismically retrofitted.

�� (3)(a) An ordinance or resolution adopted under this section must specify the eligibility requirements for the exemption or partial exemption.

�� (b) Notwithstanding paragraph (a) of this subsection, property is not eligible for an exemption or partial exemption pursuant to this section if, at the time an application for the property is filed under section 2 of this 2017 Act, the property is:

�� (A) Subject to assessment under ORS 308.505 to 308.681 [series became 308.505 to 308.674]; or

�� (B) State-appraised industrial property as defined in ORS 306.126.

�� (4)(a) An ordinance or resolution adopted under this section must specify the period, not to exceed 15 years, for which the exemption or partial exemption may be granted.

�� (b) Eligible property may be granted exemption or partial exemption under this section until the earlier of:

�� (A) The expiration of the period for which the eligible property is eligible for exemption or partial exemption under paragraph (a) of this subsection; or

�� (B) The date on which the dollar amount of the tax benefit from the exemption or partial exemption equals the eligible costs for the property.

�� (c) The ordinance or resolution may:

�� (A) Further restrict eligible properties to unreinforced masonry buildings, unreinforced concrete buildings or any other building type considered seismically dangerous by the governing body of the city or county; and

�� (B) Impose any other conditions for the exemption or partial exemption that do not conflict with sections 1 to 5 of this 2017 Act.

�� (5)(a) A city or county may amend or repeal an ordinance or resolution adopted under this section at any time.

�� (b) Notwithstanding paragraph (a) of this subsection, eligible property that is granted an exemption or partial exemption under this section when the ordinance or resolution is amended or repealed shall continue to receive the exemption or partial exemption for the period granted, pursuant to the provisions of the ordinance or resolution in effect when the property was initially granted the exemption or partial exemption.

�� (6)(a) An ordinance or resolution adopted under this section does not become effective unless the rates of taxation of the taxing districts located within the territory of the city or county whose governing bodies agree to the exemption or partial exemption, when combined with the rate of taxation of the city or county that adopted the ordinance or resolution, equal 75 percent or more of the total combined rate of taxation within the territory of the city or county. In agreeing to the exemption or partial exemption, the governing bodies of the taxing districts shall impose a limit on the total amount of exemptions and partial exemptions that may be approved.

�� (b) If an ordinance or resolution becomes effective pursuant to paragraph (a) of this subsection, the exemption or partial exemption shall be effective for the tax levies of all taxing districts in which an eligible property that is granted an exemption or partial exemption is located. [2017 c.537 �1]

�� Sec. 2. (1)(a) The owner of eligible property seeking an exemption or partial exemption for the eligible property under an ordinance or resolution adopted pursuant to section 1 of this 2017 Act must file an application, with the governing body of the city or county that adopted the ordinance or resolution, on or before March 15 preceding the beginning of the property tax year for which the exemption or partial exemption is sought. A single application may be filed for eligible property in contiguous tax accounts under common ownership.

�� (b) Notwithstanding paragraph (a) of this subsection, an application may be filed after March 15 and on or before December 31 if the application is accompanied by a late filing fee equal to the greater of $200 or one-tenth of one percent of the real market value of the eligible property to which the application relates as of the assessment date for that tax year.

�� (2) An application filed pursuant to this section must include:

�� (a) The address of the eligible property.

�� (b) Documentation showing the ownership of the eligible property by the person filing the application.

�� (c) Documentation showing that all applicable eligibility requirements have been met.

�� (d) Documentation of estimated eligible costs with respect to the eligible property prepared by a person unrelated to the owner of the eligible property and having expertise in estimating such costs. Documentation of eligible costs may include, but is not limited to, bids, cost estimates, copies of contracts, notes and minutes of contract negotiations and accounts, invoices, sales receipts and other payment records of purchases, sales, leases and other transactions relating to the eligible costs.

�� (e) Plans, calculations and any other documentation prepared and stamped by a registered structural engineer or architect establishing to the satisfaction of the city or county that the proposed seismic retrofitting meets or exceeds the standard defined as Basic Performance Objective for Existing Buildings in the Seismic Evaluation and Retrofit of Existing Buildings ASCE/SEI 41-13, published by the American Society of Civil Engineers and the Structural Engineering Institute, as in effect on December 31, 2016, unless the governing body of the city or county has expressly approved or required a different standard that enhances life safety in a seismic event. The documentation must include seismic retrofitting for any parapets, cornices and chimneys. The standard of care for documentation prepared and stamped under this paragraph is the same as for documents stamped in accordance with ORS 671.025 or 672.020.

�� (f) Documentation of any financial incentives received from local, state or federal government for the seismic retrofitting of the eligible property, exclusive of the exemption or partial exemption granted under sections 1 to 5 of this 2017 Act.

�� (g) An application fee, if any, required by the city or county.

�� (3) The application shall be reviewed by the city or county. The city or county may consult with the owner of the eligible property about the application, and the owner may amend the application.

�� (4)(a) If the city or county determines that the application does not meet the requirements of this section, the city or county shall promptly notify the owner of the eligible property in writing that the application is not approved, stating the reasons for the determination. A determination under this paragraph is not reviewable, but the owner of the eligible property may file an application under this section for any subsequent year.

�� (b) If the city or county determines that the application meets the requirements of this section, the city or county shall promptly:

�� (A) Notify the owner of the eligible property in writing that the application is approved; and

�� (B) Notify the county assessor in writing that the application is approved and certify the period for which the exemption or partial exemption is granted and the estimated eligible costs with respect to the eligible property, reduced by any financial incentives received from local, state or federal government for the seismic retrofitting of the eligible property, exclusive of the exemption or partial exemption granted under sections 1 to 5 of this 2017 Act.

�� (5) The assessor of the county in which the eligible property granted an exemption or partial exemption is located may charge the owner a fee of up to $200 for the first year and up to $100 for each subsequent year for which the exemption or partial exemption is granted to compensate the assessor for duties imposed under sections 1 to 5 of this 2017 Act.

�� (6) Upon receiving notice under subsection (4) of this section of the approval of an application, the owner of the eligible property shall cause to be recorded with the clerk of the county in which the eligible property is located a notice that contains a legal description of the eligible property and a statement that the eligible property has been granted a property tax exemption pursuant to an ordinance or resolution adopted under section 1 of this 2017 Act and that the owner, or the owner�s successor or assignees, may be liable for additional taxes under section 5 of this 2017 Act.

�� (7) The transfer of the eligible property shall not disqualify the eligible property from an exemption or partial exemption granted to the eligible property under the ownership of the transferor, provided the transferee:

�� (a) Notifies the city or county and the county assessor as soon as practicable of the transfer and of the transferee�s intention to continue the seismic retrofitting in a manner consistent with the requirements of sections 1 to 5 of this 2017 Act; and

�� (b) Complies with all requirements under sections 1 to 5 of this 2017 Act. [2017 c.537 �2]

�� Sec. 3. (1) An ordinance or resolution adopted under section 1 of this 2017 Act must state the percentage of the exemption to be applied to the real market value of the eligible property.

�� (2) The exemption or partial exemption shall apply to existing eligible property of any classification under rules established by the Department of Revenue pursuant to ORS 308.215 (1)(a)(C) that is consistent with the definition of �eligible property� under section 1 of this 2017 Act.

�� (3) ORS 307.032 applies to eligible property granted partial exemption under the ordinance or resolution.

�� (4) Each year the county assessor shall add to the assessment and tax rolls of the county, with respect to the eligible property granted exemption or partial exemption pursuant to an ordinance or resolution adopted under section 1 of this 2017 Act, the notation �potential additional tax.� [2017 c.537 �3]

�� Sec. 4. (1)(a) Each year, on or before a date prescribed by the city or county that adopted the ordinance or resolution under section 1 of this 2017 Act pursuant to which eligible property is granted an exemption or partial exemption, the owner of the eligible property shall submit documentation of actual eligible costs incurred and an updated estimate of the eligible costs to the city or county, as applicable.

�� (b) The owner shall include with the documentation the amount of any financial incentives received from local, state or federal government for the seismic retrofitting of the eligible property, exclusive of the exemption or partial exemption granted under sections 1 to 5 of this 2017 Act. The city or county shall report the amount of the incentives to the assessor of the county in which the eligible property is located, who shall reduce the eligible costs for the eligible property by the amount of the incentives.

�� (2)(a) If the updated estimate of the eligible costs is greater or less than the original estimate by 10 percent or more, the city or county shall submit the documentation and updated estimate to the county assessor.

�� (b) Upon receipt, the county assessor shall recompute the assessed value and maximum assessed value of the eligible property under ORS 308.156, beginning with the first year for which the eligible property was granted exemption or partial exemption.

�� (c) The values as recomputed under this section shall apply to the remaining period for which the eligible property has been granted exemption or partial exemption. Delinquent taxes may not be assessed or collected, and refunds may not be paid, as a consequence of the recomputation under this section for property tax years preceding the remaining period. [2017 c.537 �4]

�� Sec. 5. (1) Eligible property that is granted exemption or partial exemption pursuant to an ordinance or resolution adopted under section 1 of this 2017 Act shall continue to receive the exemption or partial exemption until the eligible property is disqualified by the earliest of:

�� (a) The expiration of the period for which the exemption or partial exemption was certified under section 2 of this 2017 Act.

�� (b) The date on which the dollar amount of the exemption or partial exemption equals the eligible costs for the eligible property.

�� (c) The discovery by the city or county that the owner of the eligible property has failed to:

�� (A) Comply with the eligibility requirements adopted by the city or county;

�� (B) Begin or make reasonable progress on seismic retrofitting of the eligible property; or

�� (C) Perform the seismic retrofitting of the eligible property in substantial compliance with documentation described in section 2 (2)(e) of this 2017 Act that was included in the application relating to the eligible property approved under section 2 of this 2017 Act.

�� (d) The discovery by the city or county that any statement or representation in any documentation filed pursuant to section 2 of this 2017 Act was misleading or false.

�� (2) The city or county may provide an owner with the opportunity to cure the grounds for disqualification under subsection (1) of this section.

�� (3) The city or county shall notify the county assessor of the disqualification of eligible property from exemption or partial exemption under this section, and upon disqualification the eligible property shall be assessed and taxed under ORS

ORS 442.466

442.466; 2021 c.205 �4; 2023 c.584 �1]

�� Note: See note under 442.372.

HEALTH CARE COSTS

(Health Care Cost Growth Target Program)

�� 442.385 Definitions for ORS 442.385 and 442.386. As used in this section and ORS 442.386:

�� (1) �Frontline worker� means any worker whose total annual compensation is less than $200,000, adjusted annually to reflect any percentage changes in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor, excluding executive managers and salaried managers.

�� (2) �Health care� means items, services and supplies intended to improve or maintain human function or treat or ameliorate pain, disease, condition or injury, including but not limited to the following types of services:

�� (a) Medical;

�� (b) Behavioral;

�� (c) Substance use disorder;

�� (d) Mental health;

�� (e) Surgical;

�� (f) Optometric;

�� (g) Dental;

�� (h) Podiatric;

�� (i) Chiropractic;

�� (j) Psychiatric;

�� (k) Pharmaceutical;

�� (L) Therapeutic;

�� (m) Preventive;

�� (n) Rehabilitative;

�� (o) Supportive; or

�� (p) Geriatric.

�� (3) �Health care cost growth� means the annual percentage change in total health expenditures in this state.

�� (4) �Health care entity� means a payer or a provider.

�� (5) �Health insurance� has the meaning given that term in ORS 731.162.

�� (6) �Net cost of private health insurance� means the difference between health insurance premiums received by a payer and the claims for the cost of health care paid by the payer under a policy or certificate of health insurance.

�� (7) �Payer� means:

�� (a) An insurer offering a policy or certificate of health insurance or a health benefit plan as defined in ORS 743B.005;

�� (b) A publicly funded health care program, including but not limited to Medicaid, Medicare and the State Children�s Health Insurance Program;

�� (c) A third party administrator; and

�� (d) Any other public or private entity, other than an individual, that pays or reimburses the cost for the provision of health care.

�� (8) �Provider� means an individual, organization or business entity that provides health care.

�� (9) �Total compensation� means wages, benefits, salaries, bonuses and incentive payments provided to a frontline worker by a provider.

�� (10)(a) �Total health expenditures� means all health care expenditures on behalf of residents of this state by public and private sources, including:

�� (A) All payments on providers� claims for reimbursement of the cost of health care provided;

�� (B) All payments to providers other than payments described in subparagraph (A) of this paragraph;

�� (C) All cost-sharing paid by residents of this state, including but not limited to copayments, deductibles and coinsurance; and

�� (D) The net cost of private health insurance.

�� (b) �Total health expenditures� may include expenditures for care provided to out-of-state residents by in-state providers to the extent practicable. [2019 c.560 �1; 2021 c.51 �1; 2023 c.393 �1]

�� Note: 442.385 and 442.386 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 442 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 442.386 Health Care Cost Growth Target program established; rules. (1) The Legislative Assembly intends to establish a health care cost growth target, for all providers and payers, to:

�� (a) Support accountability for the total cost of health care across all providers and payers, both public and private;

�� (b) Build on the state�s existing efforts around health care payment reform and containment of health care costs; and

�� (c) Ensure the long-term affordability and financial sustainability of the health care system in this state.

�� (2) The Health Care Cost Growth Target program is established. The program shall be administered by the Oregon Health Authority in collaboration with the Department of Consumer and Business Services, subject to the oversight of the Oregon Health Policy Board. The program shall establish a health care cost growth target for increases in total health expenditures and shall review and modify the target on a periodic basis.

�� (3) The health care cost growth target must:

�� (a) Promote a predictable and sustainable rate of growth for total health expenditures as measured by an economic indicator adopted by the board, such as the rate of increase in this state�s economy or of the personal income of residents of this state;

�� (b) Apply to all providers and payers in the health care system in this state;

�� (c) Use established economic indicators; and

�� (d) Be measurable on a per capita basis, statewide basis and health care entity basis.

�� (4) The program shall establish a methodology for calculating health care cost growth:

�� (a) Statewide;

�� (b) For each provider and payer, taking into account the health status of the patients of the provider or the beneficiary of the payer; and

�� (c) Per capita.

�� (5)(a) The program shall establish requirements for providers and payers to report data and other information necessary to calculate health care cost growth under subsection (4) of this section.

�� (b) Based on a methodology determined by the authority, each provider shall report annually the provider�s aggregate amount of total compensation.

�� (6) Annually, the program shall:

�� (a) Hold public hearings on the growth in total health expenditures in relation to the health care cost growth in the previous calendar year;

�� (b) Publish a report on health care costs and spending trends that includes:

�� (A) Factors impacting costs and spending; and

�� (B) Recommendations for strategies to improve the efficiency of the health care system; and

�� (c) For providers and payers for which health care cost growth in the previous calendar year exceeded the health care cost growth target:

�� (A) Analyze the cause for exceeding the health care cost growth target; and

�� (B) Require the provider or payer to develop and undertake a performance improvement plan.

�� (7)(a) The authority shall adopt by rule criteria for waiving the requirement for a provider or payer to undertake a performance improvement plan, if necessitated by unforeseen market conditions or other equitable factors.

�� (b) The authority shall collaborate with a provider or payer that is required to develop and undertake a performance improvement plan by:

�� (A) Providing a template for performance improvement plans, guidelines and a time frame for submission of the plan;

�� (B) Providing technical assistance such as webinars, office hours, consultation with technical assistance providers or staff, or other guidance; and

�� (C) Establishing a contact at the authority who can work with the provider or payer in developing the performance improvement plan.

�� (8) A performance improvement plan must:

�� (a) Identify key cost drivers and include concrete steps a provider or payer will take to address the cost drivers;

�� (b) Identify an appropriate time frame by which a provider or payer will reduce the cost drivers and be subject to an evaluation by the authority; and

�� (c) Have clear measurements of success.

�� (9) The authority shall adopt by rule criteria for imposing a financial penalty on any provider or payer that exceeds the cost growth target without reasonable cause in three out of five calendar years or on any provider or payer that does not participate in the program. The criteria must be based on the degree to which the provider or payer exceeded the target and other factors, including but not limited to:

�� (a) The size of the provider or payer organization;

�� (b) The good faith efforts of the provider or payer to address health care costs;

�� (c) The provider�s or payer�s cooperation with the authority or the department;

�� (d) Overlapping penalties that may be imposed for failing to meet the target, such as requirements relating to medical loss ratios; and

�� (e) A provider�s or payer�s overall performance in reducing cost across all markets served by the provider or payer.

�� (10) A provider shall not be accountable for cost growth resulting from the provider�s total compensation. [2019 c.560 �2; 2021 c.51 �2; 2023 c.393 �2]

�� Note: See note under 442.385.

(Standardized Payment Methodologies)

�� 442.392 Uniform payment methodology for hospital and ambulatory surgical center services; rules. (1) The Oregon Health Authority shall prescribe by rule a uniform payment methodology for hospital and ambulatory surgical center services that:

�� (a) Incorporates the most recent Medicare payment methodologies established by the Centers for Medicare and Medicaid Services, or similar payment methodologies, for hospital and ambulatory surgical center services;

�� (b) Includes payment methodologies for services and equipment that are not fully addressed by Medicare payment methodologies; and

�� (c) Allows for the use of alternative payment methodologies, including but not limited to pay-for-performance, bundled payments and capitation.

�� (2) In developing the payment methodologies described in this section, the authority shall convene and be advised by a work group consisting of providers, insurers and consumers of the types of health care services that are subject to the methodologies. [2011 c.418 �3]

�� Note: 442.392 to 442.396 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 442 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 442.394 Acceptance by facilities as payment in full. (1) A hospital or ambulatory surgical center shall bill and accept as payment in full an amount determined in accordance with ORS

ORS 443.215

443.215]

(Greenhouse Gas Reduction)

�� 184.879 Greenhouse gas reduction program; definitions; grants; request for funding; rules. (1) As used in this section and ORS 184.882 and 184.884:

�� (a) �Bidder� has the meaning given that term in ORS 279A.010.

�� (b) �Covered materials� means:

�� (A) Concrete, including ready mix concrete, shotcrete, precast concrete and concrete masonry units;

�� (B) Asphalt paving mixtures;

�� (C) Steel, including rebar, reinforcing steel and structural steel, hot-rolled sections, hollow sections, plate steel and cold-formed steel; and

�� (D) Other materials the Department of Transportation designates by rule after consultation with the technical advisory committee.

�� (c) �Emergency� has the meaning given that term in ORS 279A.010.

�� (d) �Environmental product declaration� means a product-specific label developed in accordance with rules the department adopts that are based on ISO Standard 14025 and on independently verified life cycle assessment data, life cycle inventory and analysis data or information modules in accordance with the ISO 14040 series of standards.

�� (e) �Procurement� has the meaning given that term in ORS 279A.010.

�� (f) �Proposer� has the meaning given that term in ORS 279A.010.

�� (g) �Public contract� has the meaning given that term in ORS 279A.010.

�� (h) �Public Contracting Code� has the meaning given that term in ORS 279A.010.

�� (i) �Technical advisory committee� means the committee described in ORS 184.882.

�� (2)(a) The department, not later than December 31, 2025, shall establish a program for greenhouse gas reduction that:

�� (A) Assesses the greenhouse gas emissions attributable to covered materials the department uses in the department�s construction and maintenance activities for the state�s transportation system;

�� (B) Conducts life cycle assessments of a selected set of the department�s construction and maintenance activities; and

�� (C) Devises strategies for reducing greenhouse gas emissions that include, but are not limited to, improving pavement and bridge conditions.

�� (b) In establishing the program described in paragraph (a) of this subsection, the department shall identify and disclose in any reports the department produces all relevant measurement difficulties, deficiencies in needed data, assumptions, uncertainties, technological limitations, costs associated with assessment and implementation and any other relevant limitations of methodology, practice or implementation.

�� (c) In devising the strategies described in paragraph (a)(C) of this subsection, the department, at a minimum, shall consider and evaluate:

�� (A) Advancements in materials and engineering as applied to greenhouse gas emission reduction;

�� (B) Regional variability in the quality and durability of aggregates and other components of covered materials;

�� (C) The types and effects of fuels available for use in manufacturing, transporting and using covered materials;

�� (D) The quality and performance of the covered materials; and

�� (E) Any other factors that the department, in consultation with the technical advisory committee, deems relevant and useful.

�� (d) The department shall conduct the assessments and devise the strategies described in paragraph (a) of this subsection separately for each of the state�s five transportation regions, accounting for differences among the regions with respect to the availability of covered materials, fuel and other necessary resources and the quantity of covered materials the department uses or plans to use.

�� (3)(a) In procuring covered materials for the program described in subsection (2)(a) of this section, the department shall require contractors to submit environmental product declarations before the contractor installs the covered materials, unless the department:

�� (A) Procures the covered materials on an emergency basis;

�� (B) Determines that a relevant product category rule does not exist;

�� (C) Determines that requiring an environmental product declaration will reduce competition for public contracts or otherwise contravene the requirements of the Public Contracting Code;

�� (D) Determines that requiring an environmental product declaration would unreasonably affect the department�s specifications or requirements for covered materials or impair the department�s construction or maintenance activities;

�� (E) Determines that an environmental product declaration is not necessary to measure or quantify greenhouse gas emissions; or

�� (F) Determines after consultation with the technical advisory committee that other considerations outweigh the need for requiring environmental product declarations or that a construction or maintenance activity would use less than a threshold amount of covered materials. The department, in consultation with the technical advisory committee, shall specify the threshold amount by rule.

�� (b) Notwithstanding paragraph (a) of this subsection, in procuring asphalt paving mixtures, the department may allow contractors to submit environmental product declarations within a reasonable time after executing a public contract for constructing roads or acquiring materials or within the time required for an environmental product declaration provider to prepare the environmental product declaration, but not later than the date on which the contractor completes performance of the public contract.

�� (c) The department may not use an environmental product declaration as a consideration in ranking or scoring a bid or proposal before January 1, 2027, but thereafter may consider environmental product declarations if the department determines that doing so is beneficial and if, after consulting with the technical advisory committee, construction contractors, material suppliers and other stakeholders, the department devises a scoring methodology that ensures fairness among bidders and proposers.

�� (4)(a) In order to assist bidders or proposers to prepare or submit environmental product declarations required under this section, the department by rule shall establish a program to extend grants to bidders or proposers that require financial assistance to prepare environmental product declarations.

�� (b) Before establishing a program under this subsection, the department shall submit a request for funding to the Legislative Assembly in an amount that the department estimates would be necessary to provide the grants described in this subsection. The department shall deposit any funding the department receives into a designated account within the department�s operating account and shall keep records of disbursements from the account. Any moneys the department does not award as grants must revert to the General Fund upon the termination of the program.

�� (c) The department by rule shall establish criteria for eligibility for grants under this subsection and shall specify the maximum amount of each grant on the basis of available funding. [2022 c.74 �1]

�� 184.880 [1977 c.779 �2; 1979 c.235 �1; renumbered 443.225]

�� 184.882 Technical advisory committee. (1) The Department of Transportation shall establish a technical advisory committee to assist the department with issues related to implementing the program described in ORS 184.879.

�� (2) Members of the technical advisory committee must include, but need not be limited to, representatives from the Department of Transportation and the Department of Environmental Quality, from construction firms engaged in transportation construction and maintenance, from suppliers of covered materials, from construction and material supplier industry associations, from workers in construction or manufacturing industries, from environmental organizations and from institutions of higher education.

�� (3) The technical advisory committee shall:

�� (a) Recommend quantities of covered materials below which the Department of Transportation need not require an environmental product declaration.

�� (b) Advise the department as needed to prepare the reports required under ORS 184.884.

�� (c) Advise and guide the department concerning:

�� (A) The extent to which environmental product declarations are available or are in development;

�� (B) Which of the department�s construction and maintenance activities are appropriate for inclusion in the program described in ORS 184.879 (2);

�� (C) The time within which a bidder or proposer must submit an environmental product declaration and any related information;

�� (D) How to properly analyze or interpret an environmental product declaration;

�� (E) The content of and criteria for devising, adopting and implementing the strategies described in ORS 184.879 (2)(a)(C);

�� (F) Potential changes to the design or implementation of the program described in ORS 184.879 in light of technological advances and the need to maintain reasonable competition for public contracts; and

�� (G) Other matters the technical advisory committee deems necessary to achieve the goals of the program.

�� (4) The technical advisory committee may recommend to the department additional materials for designation as covered materials.

�� (5) A majority of the members of the technical advisory committee constitutes a quorum for the transaction of business.

�� (6) The technical advisory committee shall elect two of the members of the technical advisory committee to serve as cochairpersons.

�� (7) The department shall appoint a replacement for any vacancy on the technical advisory committee. The replacement must become immediately effective upon appointment.

�� (8) The technical advisory committee must meet at least four times within each calendar year at times and places specified by the call of the chairperson, of a majority of the members of the technical advisory committee or of the Director of Transportation.

�� (9) The department shall provide staff support to the technical advisory committee.

�� (10) Members of the technical advisory committee are not entitled to compensation or reimbursement for expenses and serve as volunteers on the technical advisory committee. [2022 c.74 �2]

�� 184.883 [Subsection (1) of 1987 Edition enacted as 1987 c.781 �1; subsection (2) of 1987 Edition enacted as 1987 c.780 �2; renumbered 409.710 in 1991]

�� 184.884 Reports. The Department of Transportation, after establishing the program described in ORS

ORS 455.800

455.800 to 455.820, including but not limited to rules establishing application, examination, certification and renewal fees. [2001 c.406 �3]

�� Note: See note under 455.800.

�� 455.815 Establishment of master builder programs; waiver of inspections; builder verification of performance. (1) Local government establishment of a master builder program is voluntary. A local government electing to establish or terminate a program shall notify the Department of Consumer and Business Services. If terminating a program, the local government must give the notice six months before the program terminates.

�� (2) The Department of Consumer and Business Services may implement a master builder program in one or more geographic areas for which the department provides plan review or inspection services. A department decision to include an area as a participant in the program affects only those areas, and those reviews or inspections, for which the department provides services instead of a local government. The department shall notify a county prior to implementing a master builder program in areas of the county that are served by the department.

�� (3) A local government may not allow an individual to perform the duties of a master builder unless the local government has a master builder program. The department may allow an individual to perform the duties of a master builder in any geographic area administered by the department.

�� (4) A building official of a government having a master builder program may waive plan review elements by that government and may waive government performance of one or more of the required inspections identified by department rule, including but not limited to inspections described in subsection (6) of this section, if:

�� (a) An individual certified as a master builder submits construction plans for a one or two family dwelling regulated by the Low-Rise Residential Dwelling Code; and

�� (b) The building official determines that:

�� (A) The work is not of a highly technical nature; and

�� (B) There is no unreasonable potential risk to safety of the structure.

�� (5) A building official may not waive government performance of plan review or required inspections for:

�� (a) Special design applications that are complex and highly technical engineered systems; or

�� (b) Unique building sites, including but not limited to sites containing geologic hazards such as landslide hazard areas, floodplains and wetlands.

�� (6) Subject to subsections (3) to (5) of this section, a building official may allow a master builder to verify that the master builder has properly performed an installation on a project and, to the extent that inspection would duplicate the verification conducted by the master builder, may waive government performance of the following required inspections:

�� (a) Drywall;

�� (b) Footings and setbacks;

�� (c) Foundation walls, Ufer grounding rods and rebar;

�� (d) Insulation;

�� (e) Masonry fireplace pre-cover;

�� (f) Masonry rebar;

�� (g) Gutters, downspouts and foundation drains;

�� (h) Roof sheathing nailing;

�� (i) Suspended ceilings;

�� (j) Underfloor structural; and

�� (k) Wall sheathing nailing. [2001 c.406 �4; 2003 c.675 �40]

�� Note: See note under 455.800.

�� 455.820 Plan review and verification; documentation; duties of building official; effect of waiver revocation. (1) A master builder must perform all plan review and required verifications for which government review or inspection has been waived by a building official. The master builder shall maintain copies of all documents and reports required by the government granting the waiver and provide those copies to the building official.

�� (2) When waiving government performance of plan review or required inspections, a building official shall require the master builder to sign a form that specifically identifies each waiver and states that the master builder accepts the duty of performing the review and verifications. A master builder who accepts the duty of performing a review or verification remains responsible for that duty unless released by written and signed permission of the building official. A building official may release a master builder from a review or verification duty by a written and signed assumption of the review or inspection duty by the building official or written and signed assumption of the review and verification duty by another master builder.

�� (3) A building official for a government that has a master builder program:

�� (a) Must conduct inspections of at least 10 percent of projects that are built under a master builder program;

�� (b) May revoke a waiver for a plan review or required inspection if the master builder fails to properly perform, or document performance of, review or verification duties; and

�� (c) Must notify the Department of Consumer and Business Services when the official revokes a waiver pursuant to paragraph (b) of this subsection.

�� (4) When revoking a waiver, a building official shall provide the master builder with a release under subsection (2) of this section from future performance of review or verification duties. A release does not relieve a master builder from liability for the failure to perform, or document performance of, review or verification duties prior to the revocation of the waiver.

�� (5) A government having a master builder program has no legal duty with regard to plan review or required inspections properly waived under ORS 455.815 and accepted by a master builder in a signed form described under subsection (2) of this section. This subsection does not release a government from a duty arising due to a waiver revocation under subsection (3) of this section or an assumption under subsection (2) of this section.

�� (6) A local government may refuse to grant recognition to a certified master builder if a waiver granted to the master builder under that government�s master builder program has been revoked pursuant to subsection (3)(b) of this section. If a waiver is revoked pursuant to subsection (3)(b) of this section, a local government or building official may send a recommendation to the department for action against the master builder who was granted the waiver. The local government or building official may also send the department any information supporting the recommendation. [2001 c.406 �5]

�� Note: See note under 455.800.

(Temporary provisions relating to a lumber grading training pilot program)

�� Note: Sections 1, 2 and 3, chapter 625, Oregon Laws 2025, provide:

�� Sec. 1. (1) The Oregon State University Extension Service shall, in consultation with the Department of Consumer and Business Services, establish a basic lumber grading training pilot program to be offered annually through the extension service. Establishment of the pilot program under this subsection must include a determination of the:

�� (a) General requirements for successfully completing the pilot program.

�� (b) Requirements for initial certification and recertification.

�� (c) Content of the pilot program. At minimum, the content of the pilot program must include:

�� (A) A minimum of eight instructional hours, including hands-on practice with physical lumber samples; and

�� (B) Instruction in regionally relevant species identification, moisture content considerations and visual grading criteria for structural dimension lumber.

�� (d) Certification requirements for instructors teaching the pilot program. At minimum, to be certified instructors must:

�� (A) Demonstrate substantial expertise in visual lumber grading through:

�� (i) A valid grader certification from an organization that administers an accreditation program for the grademarking of lumber produced under a system that is the basis for the sale and purchase of softwood lumber;

�� (ii) Seven years of professional experience in lumber grading, quality control or wood products education, with demonstrated knowledge of visual grading rules applicable to regionally relevant species; or

�� (iii) Equivalent qualifications approved by the extension service based on professional history, training and relevant industry involvement; and

�� (B) Maintain continued competency through industry involvement, refresher coursework or other methods approved by the extension service.

�� (2) The extension service shall issue certifications and recertifications to those individuals who have successfully completed the pilot program.

�� (3) An individual who holds an initial certification as having successfully completed the pilot program must be recertified every five years. [2025 c.625 �1]

�� Sec. 2. (1) As used in this section:

�� (a) �Self-graded lumber� means lumber graded by an individual who is certified to grade lumber through the pilot program established under section 1 of this 2025 Act.

�� (b) �Third-party graded lumber� means lumber bearing a valid grade stamp from a grading agency accredited by an organization that administers an accreditation program for the grademarking of lumber produced under a system that is the basis for the sale and purchase of softwood lumber.

�� (2) The Department of Consumer and Business Services shall establish by rule a process by which a builder, designer or owner may use lumber that is tested and approved by an individual who is certified under section 1 of this 2025 Act.

�� (3) The process established under subsection (2) of this section:

�� (a) May not establish, create or accept any new grade or design value as part of the state�s building code.

�� (b) Shall permit the use of self-graded lumber only for structures that are subject to the Oregon Residential Specialty Code.

�� (c) Shall require that the intent of a builder, design professional, contractor and homeowner to use self-graded lumber must be disclosed in writing at the time of the building permit application. Disclosure under this paragraph must be made to an inspector who is licensed by the department or a municipality administering and enforcing a building inspection program. The writing required under this paragraph must be filed with the county clerk, who shall make the writing a part of the permanent deed record of the property.

�� (d) Shall include that the lumber used for self-graded lumber must originate from a known source, requiring a documented relationship or permit between the lumber owner and the purchaser of the milled lumber.

�� (4)(a) No manufacturer, distributor, wholesaler, retailer or grader of third-party graded lumber may be held liable in whole or in part for a failure of or defect in self-graded lumber incorporated in the same structure.

�� (b) This subsection applies only to structures permitted under subsection (3)(b) of this section in which self-graded lumber is incorporated. [2025 c.625 �2]

�� Sec. 3. Sections 1 and 2 of this 2025 Act are repealed on January 2, 2033. [2025 c.625 �3]

�� 455.840 [Formerly 705.700; repealed by 2003 c.675 �49]

�� 455.842 [Formerly 705.705; 2003 c.675 �41; 2005 c.833 �5; renumbered 455.044 in 2005]

�� 455.844 [Formerly 705.710; 2003 c.675 �42; 2005 c.833 ��6,10; renumbered 455.046 in 2005]

�� 455.846 [Formerly 705.715; 2003 c.675 �43; renumbered 455.048 in 2005]

�� 455.848 [Formerly 705.720; repealed by 2003 c.675 �49]

PENALTIES

�� 455.895 Civil penalties. (1)(a) The State Plumbing Board may impose a civil penalty against a person as provided under ORS 447.992 and 693.992. Amounts recovered under this paragraph are subject to ORS 693.165.

�� (b) The Electrical and Elevator Board may impose a civil penalty against a person as provided under ORS 479.995. Amounts recovered under this paragraph are subject to ORS 479.850.

�� (c) The Board of Boiler Rules may impose a civil penalty against a person as provided under ORS

ORS 459A.665

459A.665. As used in ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665:

�� (1) �Affected person� means a person or entity involved in the solid waste collection service process including but not limited to a recycling collection service, disposal site permittee or owner, city, county and metropolitan service district.

�� (2) �Board of county commissioners� or �board� includes a county court.

�� (3) �Collection service� means a service that provides for collection of solid waste or recyclable material or both but does not include that part of a business operated under a certificate issued under ORS 822.110.

�� (4) �Commercial� means stores, offices including manufacturing and industry offices, restaurants, warehouses, schools, colleges, universities, hospitals and other nonmanufacturing entities, but does not include other manufacturing activities or business, manufacturing or processing activities in residential dwellings.

�� (5) �Commission� means the Environmental Quality Commission.

�� (6) �Compost� means the controlled biological decomposition of organic material or the product resulting from such a process.

�� (7) �Department� means the Department of Environmental Quality.

�� (8)(a) �Disposal site� means land and facilities used for the disposal, handling or transfer of, or energy recovery, material recovery and recycling from solid wastes, including but not limited to dumps, landfills, sludge lagoons, sludge treatment facilities, disposal sites for septic tank pumping or cesspool cleaning service, transfer stations, energy recovery facilities, incinerators for solid waste delivered by the public or by a collection service, composting plants and land and facilities previously used for solid waste disposal at a land disposal site.

�� (b) �Disposal site� does not include:

�� (A) A facility authorized by a permit issued under ORS 466.005 to 466.385 to store, treat or dispose of both hazardous waste and solid waste;

�� (B) A facility subject to the permit requirements of ORS 468B.050 or 468B.053;

�� (C) A site used by the owner or person in control of the premises to dispose of soil, rock, concrete or other similar nondecomposable material, unless the site is used by the public either directly or through a collection service; or

�� (D) A site operated by a dismantler issued a certificate under ORS 822.110.

�� (9) �Energy recovery� means recovery in which all or a part of the solid waste materials are processed to use the heat content, or other forms of energy, of or from the material.

�� (10) �Franchise� includes a franchise, certificate, contract or license issued by a local government unit authorizing a person to provide solid waste management services.

�� (11) �Hazardous waste� has the meaning given that term in ORS 466.005.

�� (12) �Household hazardous waste� means any discarded, useless or unwanted chemical, material, substance or product that is or may be hazardous or toxic to the public or the environment and is commonly used in or around households and is generated by the household. �Household hazardous waste� may include but is not limited to some cleaners, solvents, pesticides and automotive and paint products.

�� (13) �Land disposal site� means a disposal site in which the method of disposing of solid waste is by landfill, dump, pit, pond or lagoon.

�� (14) �Landfill� means a facility for the disposal of solid waste involving the placement of solid waste on or beneath the land surface.

�� (15) �Local government unit� means a city, county, metropolitan service district formed under ORS chapter 268, sanitary district or sanitary authority formed under ORS chapter 450, county service district formed under ORS chapter 451, regional air quality control authority formed under ORS 468A.100 to 468A.130 and 468A.140 to

ORS 604.056

604.056. [1967 c.368 �3; 1981 c.248 �17]

�� 599.275 Cattle and hogs in market zone to be kept in clean, disinfected and segregated pens. All dairy cattle over six months of age, except steers, spayed females and dairy cattle which by reason of age, disease or other conditions will be purchased for slaughter purposes, and all hogs entering the market zone of a livestock auction market shall be placed and retained, before and after sale, in clean, disinfected and segregated pens kept solely for that purpose. [1953 c.677 �8; 1957 c.390 �14; 1969 c.33 �1]

�� 599.280 [Repealed by 1953 c.677 �22]

�� 599.285 Floors in pens; drainage; cleaning pens, alleyways and equipment. All pens used in livestock auction markets for holding dairy cattle and hogs and all alleyways between such pens shall be floored with concrete or some other impervious material. All such pens and alleys shall be sloped or otherwise constructed to permit adequate drainage. Such pens and alleyways and also fences, food racks and watering troughs shall be constructed so as to allow proper cleaning and sanitation. All such pens, alleyways, fences, food racks and watering troughs or other equipment shall be cleaned and disinfected after each sale or, in the case of a continuous sale, as often as may be prescribed by the State Department of Agriculture. [1953 c.677 �9]

�� 599.290 [Repealed by 1953 c.677 �22]

�� 599.295 Pens for diseased animals. (1) The licensee shall provide separate pens of suitable size which shall be designated as quarantine pens which shall be floored with concrete or some other impervious material and constructed so as to allow for efficient drainage and cleaning. These pens shall be used for all animals coming into the market zone which are found to be infected with brucellosis or other contagious, infectious or communicable diseases. These pens shall be used only for the detention of diseased animals and shall be constructed and maintained in accordance with the regulations of the State Department of Agriculture.

�� (2) The fact that an animal is placed in a quarantine pen under subsection (1) of this section does not entitle the owner to be paid indemnity for the animal; but this subsection is not intended to affect the payment of indemnity where the owner is entitled to indemnity payments as otherwise provided by law. [1953 c.677 �10; 1957 c.390 �3]

�� 599.300 [Repealed by 1953 c.677 �22]

�� 599.305 Pens and facilities for handling, testing, treating or examining livestock. Each licensee shall provide pens with suitable catching chutes and other facilities for testing, treating, examining, or handling livestock in accordance with the regulations of the State Department of Agriculture. [1953 c.677 �11; 1967 c.368 �2]

�� 599.310 [Repealed by 1953 c.677 �22]

�� 599.315 Regulation by department of testing, treating and examining of livestock. The State Department of Agriculture may require such testing, treating and examining of livestock sold, traded, exchanged or handled at or through livestock auction markets as in its judgment may be necessary to prevent the spread of brucellosis, tuberculosis or paratuberculosis, hog cholera and other infectious, contagious or communicable diseases among the livestock of this state. [1953 c.677 �12; 1957 c.390 �4; 1959 c.63 �6]

�� 599.320 [Repealed by 1953 c.677 �22]

�� 599.325 [1953 c.677 �14; repealed by 1957 c.390 �23]

�� 599.330 [Repealed by 1953 c.677 �22]

�� 599.335 Employment of veterinarian by licensee; authority; revocation of market operator�s license for failing to correct insanitary conditions. (1) The licensee shall employ a veterinarian to perform all tests and make all examinations of animals required to be performed, carried out or made by the provisions of this chapter or the regulations promulgated thereunder.

�� (2) Every assistant state veterinarian shall have authority and responsibility for the direction and control of the sanitary practices at such livestock auction market. The veterinarian shall notify in writing the licensee or managing agent of the licensee of insanitary conditions or practices. If the improper conditions or practices are not corrected in the time specified, the State Department of Agriculture shall take appropriate steps to revoke the market operator�s license.

�� (3) If in the event of an emergency situation any licensee is unable to procure the services of a veterinarian under subsection (1) of this section, the licensee may apply to the department, and the department may furnish a person the department deems qualified to make the examinations required at a livestock auction market. In the event the services of such qualified person are utilized, and the person determines any animal shows any abnormality or sign of ill health, such person at once shall contact an assistant state veterinarian or deputy state veterinarian for further examinations. The licensee shall reimburse the department for the actual expenses incurred by the qualified person and the assistant state veterinarian or deputy state veterinarian for the further examinations. All animals determined by the qualified person to require further examinations by a veterinarian shall be detained in the pens described in ORS

ORS 607.992

607.992�� Penalties

GENERAL PROVISIONS

�� 607.005 Definitions. As used in this chapter:

�� (1) �Class of livestock� means a class, species, genus or sex of livestock, including a class, species or genus of neutered livestock.

�� (2) �Department� means the State Department of Agriculture.

�� (3) �Federal land� means a tract of land containing 25,000 acres or more owned or administered by, or under the jurisdiction of, the United States and not subject to the laws of this state.

�� (4) �Livestock� means animals of the bovine species, horses, mules, asses, sheep, goats and swine.

�� (5) �Livestock district� means an area wherein it is unlawful for livestock or a class of livestock to run at large.

�� (6) �Open range� means an area wherein livestock may lawfully be permitted to run at large. [Amended by 1957 c.604 �2; part derived from 1957 c.604 ��17,28; 1971 c.647 �132; 1981 c.413 �5; 1983 c.83 �107]

�� 607.007 �Adequate fence,� �estray animal,� �taking up� defined. As used in this chapter, unless the context requires otherwise:

�� (1) �Adequate fence� means a continuous barrier consisting of natural barriers, structures, masonry, rails, poles, planks, wire or the combination thereof, installed and maintained in a condition so as to form a continuous guard and defense against the ingress or egress of cattle or equines into or from the lands enclosed by the barrier. Natural barriers may include hedges, ditches, rivers, streams, ponds or lakes.

�� (2) �Estray animal� means:

�� (a) Cattle, bison or equines that are unlawfully running at large or being permitted to do so; or

�� (b) Cattle or equines that are found to be trespassing on land enclosed by an adequate fence.

�� (3) �Taking up� means the intentional exertion of control over an estray animal, including but not limited to the restriction of movement, holding under herd, feeding, pasturing or sheltering of the animal. [1971 c.579 �2; 2005 c.22 �411; 2009 c.336 �1; 2013 c.312 �4]

LIVESTOCK DISTRICTS

�� 607.008 Incorporated cities are livestock districts. All incorporated cities are livestock districts. [1957 c.604 �3]

�� 607.010 [Amended by 1957 c.604 �4; repealed by 2019 c.450 �9]

�� 607.012 [1957 c.604 �5; repealed by 2019 c.450 �9]

�� 607.013 [1957 c.604 ��6,7; repealed by 2019 c.450 �9]

�� 607.015 [Amended by 1957 c.604 �8; 1971 c.647 �133; 1975 c.647 �50; 1983 c.350 �317; repealed by 2019 c.450 �9]

�� 607.018 Livestock district creation or annexation. (1) A landowner who desires to create a livestock district, or to annex property to an existing livestock district, may apply to the county governing body for formation of, or annexation to, the district. The request shall be filed with the county clerk of the county where the land proposed for inclusion in the district is located. If the application is for the formation of a livestock district, the application shall set forth the name by which the proposed district is to be designated, and shall describe the boundaries of the proposed district. If the application is for annexation to an existing district, the application shall state the name of the district, the location of the district and the location of the land proposed for annexation to the district.

�� (2) The governing body, or a hearings officer designated by the governing body, shall schedule a public hearing regarding the request. The hearing must be held not less than 30 or more than 90 days after receipt of the application.

�� (3) The county clerk shall send notice by certified mail to the applicant and to:

�� (a) Owners of record, as shown on the most recent property tax assessment roll, of property:

�� (A) Located within the proposed or existing district;

�� (B) Proposed for annexation to an existing district; or

�� (C) Located within 500 feet of the boundaries of a proposed district or area proposed for annexation to an existing district; and

�� (b) Any neighborhood or community organization recognized by the governing body and having boundaries within the proposed livestock district.

�� (4) The notice mailed by the county clerk shall:

�� (a) Explain the nature of the application and identify what livestock or class of livestock are or would be permitted to run at large within the livestock district, including any age or breed limitations;

�� (b) Clearly identify the location of the proposed or existing district, and the location of any area proposed for annexation to an existing district, including both legal and commonly employed geographical references;

�� (c) State the date, time and location of the hearing;

�� (d) Include the name of a county government representative to contact and the telephone number where additional information may be obtained;

�� (e) State that a copy of the application and all documents and exhibits submitted by or on behalf of the applicant are available for inspection at no cost and will be provided at reasonable cost;

�� (f) If county staff has prepared or is preparing a report regarding the proposed livestock district or annexation, state that a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and that copies of the report will be available at reasonable cost; and

�� (g) Include a general explanation of the requirements for submission of testimony and the procedure for conduct of the hearing.

�� (5) The county clerk shall mail notice under subsection (3) of this section at least 20 days before the hearing date.

�� (6) The county clerk shall publish a notice of the hearing in the newspaper having the largest general circulation in the county. If the application is for formation of a livestock district, the notice shall be headed: �Notice of the Proposed Formation of __ Livestock District, _ County,� stating the name of the proposed district and the name of the county. If the application is for annexation to an existing livestock district, the notice shall be headed: �Notice of the Proposed Annexation to Livestock District, ___ County,� stating the name of the existing district and the name of the county. The notice shall:

�� (a) State the time and place of the hearing on the matter of formation of, or annexation to, the district;

�� (c) Explain the nature of the application and identify what livestock or class of livestock are or would be permitted to run at large within the livestock district, including any age or breed limitations.

�� (7) The notice required by subsection (6) of this section shall be published once a week for two successive weeks prior to the time fixed for the hearing. A copy of the published notice shall be forwarded to the State Department of Agriculture by certified mail.

�� (8) The applicant for formation of, or annexation to, the livestock district shall provide the county governing body or hearings officer with copies of all documents and exhibits that the applicant intends to introduce at hearing in support of the application. The county governing body or hearings officer shall establish the deadline for applicant submission of the documents and exhibits, which may not be later than seven days before the hearing date. The county clerk shall make documents and exhibits submitted under this section available for inspection by the public at no cost and provide copies at reasonable cost.

�� (9) Any staff report used at the hearing shall be available at least seven days prior to the hearing.

�� (10) If documents or exhibits are provided in opposition to formation of, or annexation to, the livestock district, the county governing body or hearings officer may allow a continuance or leave the record open to allow the applicant a reasonable opportunity to respond. [2019 c.450 �2]

�� 607.020 [Amended by 1957 c.604 �9; 1977 c.308 �1; 1983 c.83 �108; 1995 c.268 �1; repealed by 2019 c.450 �9]

�� 607.021 Livestock district characteristics. (1) A livestock district must contain at least 2,000 acres.

�� (2) A livestock district may not cross the boundaries of a county. Except as provided in subsection (3) of this section, the boundaries of a livestock district must follow subdivision lines of sections, section lines, township lines, donation land claim boundaries or lines, lakes, rivers, the boundary line of this state, public roads or county boundary lines.

�� (3) The boundary of an established livestock district may be used as a boundary for a proposed livestock district if the districts are adjacent to each other and will have a common boundary line.

�� (4) An area may be annexed to an existing livestock district only if the annexed area is contiguous with the livestock district and the district boundaries after annexation will meet the requirements in subsection (2) of this section. [2019 c.450 �3]

�� 607.024 Action on livestock district application. (1) No later than 30 days after closing of the record for a hearing under ORS

ORS 608.990

608.990�� Penalties

�� 608.010 [Repealed by 1957 c.476 �4]

CIVIL LIABILITY

�� 608.015 Civil liability for animals trespassing on adequately fenced land situated on open range. (1) As used in this section, �open range� means an area wherein livestock may lawfully be permitted to run at large.

�� (2) A person who permits a horse, mule, ass, sheep, goat or animal of the bovine species to trespass on land enclosed by an adequate fence and situated on open range shall be liable to the owner or lawful possessor of the enclosed land for damage done by the animal. The person seeking to recover the damages shall plead and prove that the fence of the person consisted of structures, masonry, hedges, ditches, rails, poles, planks, rivers, streams, ponds, lakes, wire fences, natural or artificial barriers of any kind or any combination thereof. The adequacy of the fence shall be determined by reference to the customs and practices of good husbandry in the particular area with reference to fences. The question of the existence of the fence and the adequacy thereof are questions of fact.

�� (3) Nothing contained in subsection (2) of this section is intended to modify the provisions of ORS 608.310 to 608.400. [1957 c.476 ��1,2; 2013 c.1 �78]

�� 608.020 [Repealed by 1957 c.476 �4]

�� 608.030 [Repealed by 1957 c.476 �4]

�� 608.040 [Repealed by 1957 c.476 �4]

�� 608.050 [Repealed by 1957 c.476 �4]

�� 608.060 [Repealed by 1957 c.476 �4]

�� 608.070 [Repealed by 1957 c.476 �4]

�� 608.080 [Repealed by 1957 c.476 �4]

�� 608.210 [Repealed by 1957 c.476 �4]

�� 608.220 [Repealed by 1957 c.476 �4]

�� 608.230 [Repealed by 1957 c.476 �4]

�� 608.240 [Repealed by 1957 c.476 �4]

�� 608.250 [Repealed by 1957 c.476 �4]

�� 608.260 [Repealed by 1957 c.476 �4]

�� 608.270 [Repealed by 1957 c.476 �4]

FENCES AND CROSSINGS ON RAILROAD RIGHT OF WAY; RAILROAD LIABILITY

�� 608.310 Erecting and maintaining fences, crossings, gates and cattle guards; rules. (1) Every person, or the lessee or agent of the person, owning or operating any railroad, shall erect and maintain good and sufficient lawful fences on both sides of the railroad line, except at the crossings of and upon public roads and highways, within such portions of cities as are or may be laid out and platted in lots and blocks and at railroad station grounds. Such person shall also at the same time erect and maintain necessary farm crossings and gates and sufficient cattle guards at all public crossings.

�� (2) Railroad lines shall be so fenced and farm crossings, gates and cattle guards installed, within three months from the time such lines are put in operation. However, the Department of Transportation may prescribe by rule the number, location and character of farm crossings which may be necessary and the manner in which they shall be constructed so that they are reasonably adequate, safe, sufficient and convenient, but not so as to impair the terms of any contract between the landowner and the railroad or judgment in condemnation relative to such crossings.

�� (3) The Department of Transportation may, by rule, determine and prescribe any other description of fence than that designated as a lawful fence, which shall be constructed and maintained by any such railroad company between the points which are designated in such rule, and may provide for the apportionment of the costs of reconstruction necessitated thereby as between the parties interested.

�� (4) The Department of Transportation by rule may suspend the operation of this section as to any particular portion of any line of railroad. [Amended by 1971 c.655 �248; 1995 c.733 �46; 1997 c.249 �186; 2003 c.576 �524]

�� 608.320 Penalty for railroad refusing or failing to maintain fences, gates and guards. (1) Any person shall forfeit and pay into the State Treasury the sum of $100 for each mile of fence on either side of a railroad, or for each farm crossing, gate or cattle guard which the person fails, neglects or refuses to erect and maintain in violation of ORS

ORS 618.246

618.246, commodities not in liquid form shall be sold only by weight, measure of length or area, or count. However, liquid commodities may be sold by weight, and commodities not in liquid form may be sold by count only if such methods give accurate information as to the quantity of commodity sold.

�� (2) The provisions of subsection (1) of this section do not apply to:

�� (a) Commodities sold for immediate consumption on the premises where sold;

�� (b) Vegetables sold by the head or bunch;

�� (c) Commodities in containers standardized by the laws of this state or the United States;

�� (d) Commodities in package form when there exists a general consumer usage to express the quantity in some other manner;

�� (e) Concrete aggregates, concrete mixtures and loose solid materials such as earth, soil, gravel, crushed stone and like substances sold by cubic measure; or

�� (f) Unprocessed vegetable and animal fertilizer sold by cubic measure.

�� (3) The State Department of Agriculture may make such reasonable rules as are necessary to ensure that the amounts of commodity for sale reflect accurate and fair practices. [1973 c.293 �21; 2005 c.22 �431]

�� 618.210 [Repealed by 1973 c.293 �55]

�� 618.211 Labeling of packaged commodities; use of labeling terms restricted; scope of rules. (1) Except as otherwise provided in ORS 618.010 to 618.246 and the rules promulgated pursuant thereto, any commodity in package form introduced, delivered for introduction into or received in intrastate commerce and sold, offered or exposed for sale in intrastate commerce shall bear on the outside of the package definite, plain and conspicuous declarations of:

�� (a) The identity of the commodity in the package, unless it is visible through the wrapper;

�� (b) The net quantity of the contents in terms of weight, measure or count; and

�� (c) In the case of any package sold, offered or exposed for sale in any place other than on the premises where packed, the name and place of business of the manufacturer, packer or distributor, as may be prescribed by rule.

�� (2) In connection with the requirements of subsection (1)(b) of this section, neither the qualifying term �when packed� or any words of similar import, nor any term qualifying a unit of weight, measure or count such as �jumbo,� �giant� or �full� that tends to exaggerate the amount of commodity in a package shall be used.

�� (3) In connection with the requirements of subsection (1)(b) of this section, the State Department of Agriculture by rule may establish:

�� (a) Reasonable variations to be allowed, including variations below the declared weight or measure caused by ordinary and customary exposure, only after the commodity is introduced into intrastate commerce, to conditions that normally occur in good distribution practice and that unavoidably result in decreased weight or measure. However, such variations may not be permitted to the extent that the average of the quantities in the packages comprising a shipment, display or other lot is below the quantity stated, and no unreasonable shortage in any package shall be permitted even though overages in other packages in the same shipment, display or lot compensate for such shortage;

�� (b) Exemptions for small packages; and

�� (c) Exemptions for commodities put up in variable weights or sizes for sale intact and either customarily not sold as individual units or customarily weighed or measured at time of sale to the consumer. [1973 c.293 �22; 2005 c.22 �432]

�� 618.216 Cost per unit labeling requirements. In addition to the declarations required by ORS 618.211, any commodity in package form which is one of a lot containing random weights, measures or counts of the same commodity and which states the total selling price of the package, shall bear on the outside of the package a plain and conspicuous declaration of the corresponding price per unit of weight, measure or count in terms consistent with ORS 618.206. [1973 c.293 �23]

�� 618.220 [Repealed by 1973 c.293 �55]

�� 618.221 Restriction on manner of packaging commodities; fill of container requirements. No commodity in package form shall be so wrapped, nor shall it be in a container so made, formed or filled as to mislead the purchaser as to the quantity of the contents of the package, and the contents of a container shall not fall below such reasonable standard of fill as may be prescribed for the commodity by the State Department of Agriculture. [1973 c.293 �24]

�� 618.226 Commodity price and quantity advertising requirements; restriction on use of certain advertising terms. (1) Whenever a commodity in package form is advertised in any manner and the retail price of the package is stated in the advertisement, there shall be closely and conspicuously associated with such statement of price a declaration of the quantity of contents of the package as is required to appear on the package.

�� (2) If the applicable law requires a dual declaration of net quantity to appear on the package, only the declaration that sets forth the quantity in terms of the smaller unit of weight or measure need appear in the advertisement.

�� (3) There shall not be included as part of the declaration required under this section such qualifying terms as �when packed,� �minimum,� �not less than� or any other terms of similar import, nor any term qualifying a unit of weight, measure or count such as �jumbo,� �giant� or �full� that tends to exaggerate the amount of commodity in the package. [1973 c.293 �25]

�� 618.230 [Repealed by 1973 c.293 �55]

�� 618.231 �Weight� defined; construction of term in sales transactions. The word �weight� when referring to the quantity of any commodity means net weight. Whenever any commodity is sold on the basis of weight, the net weight of the commodity shall be employed, and all contracts concerning commodities shall be so construed. [1973 c.293 �26]

�� 618.236 Price misrepresentation prohibited; expressing fractional prices. (1) Whenever any commodity or service is sold, offered or exposed for sale, by weight, measure or count, the price shall not be misrepresented, nor shall the price be represented in any manner calculated or tending to mislead or deceive an actual or prospective purchaser.

�� (2) Whenever an advertised, posted or labeled price per unit of weight, measure or count includes a fraction of a cent, all elements of the fraction shall be prominently displayed and the numeral or numerals expressing the fraction shall be immediately adjacent to, of the same general design and style as, and at least one-half the height and width of, the numerals representing the whole cents. [1973 c.293 �27]

�� 618.240 [Repealed by 1973 c.293 �55]

�� 618.241 Written invoice of certain commodity sales required; contents of writing. In the case of sales to or by retail outlets including restaurants, hospitals, boarding houses and similar institutions, sales of commodities in bulk form whose value exceeds $10 shall be accompanied by a printed or written delivery ticket or invoice bearing the following information:

�� (1) Name and address of the vendor and the purchaser.

�� (2) Date and place of the delivery.

�� (3) Product identity and net quantity delivered.

�� (4) Quantity upon which charges are based if different from the delivered quantity by reason of processing customarily performed subsequent to a sale, but prior to delivery to a purchaser. [1973 c.293 �28]

�� 618.246 Sale by weight required for certain food products; labeling requirements. (1) Except for immediate consumption on the premises where sold, or as one of several elements comprising a ready-to-eat meal sold as a unit for consumption elsewhere than on the premises where sold, all poultry, or parts thereof, meat, meat products, fish and seafood, sold, offered or exposed for sale as food, shall be sold, offered or exposed for sale by weight.

�� (2) If meat, poultry, fish or seafood is combined with or associated with some other food element to form either a distinctive food product or a food combination, such food product or combination shall be sold, offered or exposed for sale by weight. The quantity representation may be the total weight of the food product or combination and a quantity representation need not be made for each of the several elements of the food product or combination.

�� (3) In the case of ready-to-cook whole-carcass stuffed poultry, ready-to-cook stuffed poultry roasts, rolls, bars and logs, and ready-to-cook stuffed poultry products designated by terms of similar import, the label must show the total net weight and, in close proximity, the net weight of the poultry exclusive of stuffing ingredients. [1973 c.293 �29]

�� 618.250 [Repealed by 1973 c.293 �55]

�� 618.260 [Repealed by 1973 c.293 �55]

�� 618.270 [Repealed by 1973 c.293 �55]

RAILROAD TRACK SCALE REGULATION

�� 618.275 Testing and inspection of scales; use without seal prohibited; sealing device; tests and inspection of cars; interstate cooperation. (1) All railroad track scales within this state used to weigh cars, commodities or freight offered for shipment shall be under the jurisdiction of the Director of Agriculture and subject to inspection by the State Department of Agriculture. The department may also test other track scales.

�� (2) The department shall, from time to time, test and inspect all such scales. No track scale shall be used in determining weights for the purpose of determining freight charges without first obtaining a seal from the department approving such use.

�� (3) The department shall approve a suitable sealing device, and cause all track scales inspected under this section to be officially sealed with such device, when such scales are found, or made to be in compliance with the department�s rules.

�� (4) The department may procure or otherwise secure the use of the car, apparatus or facilities used for tests and inspections as the department may require for the purposes of this section. Such car, apparatus or facilities may be used jointly with another state or states to test track scales and for that purpose may be taken beyond the limits of the state under such terms and conditions agreed upon with such other states. The car and apparatus needed to test track scales shall be transported free by every railroad in this state. [1989 c.405 �2]

�� 618.280 [Repealed by 1973 c.293 �55]

�� 618.290 [Repealed by 1971 c.743 �432]

�� 618.300 [Repealed by 1973 c.293 �55]

�� 618.301 [1973 c.293 �38; repealed by 1977 c.132 �9 and 1977 c.842 �23]

�� 618.306 [1973 c.293 �39; repealed by 1977 c.132 �9 and 1977 c.842 �23]

�� 618.310 [Repealed by 1973 c.293 �55]

�� 618.311 [1973 c.293 �40; 1975 c.304 �3; repealed by 1977 c.132 �9 and 1977 c.842 �23]

�� 618.316 [1973 c.293 �46; repealed by 1977 c.132 �9 and 1977 c.842 �23]

�� 618.320 [Repealed by 1973 c.293 �55]

�� 618.321 [1973 c.293 �47; repealed by 1977 c.132 �9 and 1977 c.842 �23]

�� 618.326 [1973 c.293 �49; repealed by 1977 c.132 �9 and 1977 c.842 �23]

�� 618.330 [Repealed by 1973 c.293 �55]

�� 618.331 [1973 c.293 �41; repealed by 1977 c.132 �9 and 1977 c.842 �23]

�� 618.336 [1973 c.293 �42; repealed by 1977 c.132 �9 and 1977 c.842 �23]

�� 618.340 [Amended by 1953 c.373 �8; repealed by 1973 c.293 �55]

�� 618.341 [1973 c.293 �43; repealed by 1977 c.132 �9 and 1977 c.842 �23]

�� 618.346 [1973 c.293 �44; repealed by 1977 c.132 �9 and 1977 c.842 �23]

�� 618.351 [1973 c.293 �45; repealed by 1977 c.132 �9 and 1977 c.842 �23]

�� 618.356 [1973 c.293 �48; repealed by 1977 c.132 �9 and 1977 c.842 �23]

�� 618.401 [1973 c.374 �4; repealed by 2005 c.22 �433]

LICENSING LAW ENFORCEMENT

�� 618.406 Definitions; citations for certain violations; delegation of authority; service of citations; recording. (1) As used in this section:

�� (a) �Deputy state sealer� means the person appointed by the Director of Agriculture to supervise the weights and measures section.

�� (b) �Inspector� means a state employee designated by the director as a supervisor or inspector of weights and measures.

�� (2) In enforcing violations subject to penalty under ORS 618.991, the director has authority to issue and serve citations to any person violating such laws.

�� (3) The director may delegate the powers referred to in subsection (2) of this section to the deputy state sealer and to inspectors. The deputy state sealer and inspectors with authority to serve citations under this section shall issue those citations in the manner provided by ORS chapter 153.

�� (4) Upon issuance of a citation for a violation subject to penalty under ORS 618.991, the deputy state sealer or inspector issuing the citation shall retain a record copy for the State Department of Agriculture. [1973 c.374 �5; 1999 c.1051 �109; 2005 c.22 �434]

�� 618.410 [Repealed by 1973 c.293 �55]

�� 618.411 [1973 c.374 �7; 1985 c.725 �13; repealed by 1999 c.1051 �111]

�� 618.416 [1973 c.374 �8; 1985 c.725 �14; repealed by 1999 c.1051 �111]

�� 618.420 [Repealed by 1973 c.293 �55]

�� 618.421 [1973 c.374 �9; 1979 c.477 �15; repealed by 1999 c.1051 �111]

�� 618.426 [1973 c.374 �10; repealed by 1999 c.1051 �111]

�� 618.430 [Repealed by 1973 c.293 �55]

�� 618.431 [1973 c.374 �11; repealed by 1999 c.1051 �111]

�� 618.436 [1973 c.374 �12; repealed by 1999 c.1051 �111]

�� 618.441 [1973 c.374 �13; repealed by 1999 c.1051 �111]

�� 618.446 [1973 c.374 �14; repealed by 1999 c.1051 �111]

�� 618.451 [1973 c.374 �15; repealed by 1999 c.1051 �111]

�� 618.456 [1973 c.374 �16; repealed by 1999 c.1051 �111]

�� 618.460 [Repealed by 1973 c.293 �55]

�� 618.461 [1973 c.374 �17; 1987 c.905 �28; repealed by 1999 c.1051 �111]

�� 618.466 [1973 c.374 �18; repealed by 1999 c.1051 �111]

�� 618.470 [Repealed by 1973 c.293 �55]

�� 618.480 [Repealed by 1973 c.293 �55]

�� 618.490 [Repealed by 1973 c.293 �55]

�� 618.500 [Repealed by 1973 c.293 �55]

SECURITY SEAL ENFORCEMENT

�� 618.501 Definitions. As used in ORS 618.501 to 618.551 and 618.995, unless the context requires otherwise:

�� (1) �Appropriate court� means the circuit court of a county:

�� (a) Where one or more of the defendants reside;

�� (b) Where one or more of the defendants maintain a principal place of business;

�� (c) Where one or more of the defendants are alleged to have committed a security seal violation; or

�� (d) With the defendant�s consent, where the prosecuting officer maintains an office.

�� (2) �Prosecuting attorney� means the Attorney General or the district attorney of any county in which a security seal violation is alleged to have been committed.

�� (3) �Security seal� means a lead-and-wire seal or similar nonreusable closure, attached to a weighing or measuring instrument or device for protection against undetectable access, removal, adjustment or unauthorized use.

�� (4) �Security seal violation� means the use, in violation of this chapter or any rule promulgated pursuant thereto, of any liquid or gaseous metering instrument or device to which a security seal is required to be affixed, when the security seal has been broken or removed.

�� (5) A �willful violation� occurs when the person committing the violation knew or should have known that the conduct of the person was a violation. [1973 c.294 �2; 2003 c.14 �370; 2005 c.22 �435]

�� 618.506 Enjoining security seal violations; notice to defendant; voluntary compliance; temporary order; attorney fees and costs. (1) A prosecuting attorney who has probable cause to believe that a person is committing or has committed a security seal violation may bring suit in the name of the State of Oregon in the appropriate court to restrain such person from committing the alleged violation.

�� (2) Before filing a suit under subsection (1) of this section, the prosecuting attorney shall in writing notify the person charged of the alleged security seal violation and the relief to be sought. Such notice shall be served in the manner set forth in ORS 618.526 for the service of investigative demands. The person charged thereupon shall have 10 days within which to execute and deliver to the prosecuting attorney an assurance of voluntary compliance. Such assurance shall set forth what actions, if any, the person charged intends to take with respect to the alleged violation. The assurance of voluntary compliance shall not be considered an admission of a violation for any purpose. If the prosecuting attorney is satisfied with the assurance of voluntary compliance, it may be submitted to an appropriate court for approval and if approved shall thereafter be filed with the clerk of the court. Violation of an assurance of voluntary compliance which has been approved by and filed with the court constitutes a contempt of court. The notice of the prosecuting attorney under this subsection is not a public record until the expiration of 10 days from the service of the notice.

�� (3) Notwithstanding subsection (2) of this section, if the prosecuting attorney alleges that the prosecuting attorney has reason to believe that the delay caused by complying with the provisions of subsection (2) of this section would cause immediate harm to the public health, safety or welfare, the prosecuting attorney may immediately institute a suit under subsection (1) of this section.

�� (4) A temporary restraining order may be granted without prior notice to the person if the court finds there is a threat of immediate harm to the public health, safety or welfare. Such a temporary restraining order shall expire by its terms within such time after entry, not to exceed 10 days, as the court fixes, unless within the time so fixed the order, for good cause shown, is extended for a like period or unless the person restrained consents that it may be extended for a longer period.

�� (5) The court may award reasonable attorney fees at trial and on appeal to the prevailing party in a suit brought under this section. If the defendant prevails in such a suit and the court finds that the defendant had in good faith submitted to the prosecuting attorney a satisfactory assurance of voluntary compliance prior to the institution of the suit or that the prosecuting attorney, in a suit brought under subsection (3) of this section, did not have reasonable grounds to proceed under that subsection, the court shall award reasonable attorney fees at trial and on appeal to the defendant. If the state prevails, the reasonable expenses of investigation, preparation and prosecution shall be taxed against the defendant, upon application of the prosecuting attorney, in the same manner as costs are taxed and shall be in addition thereto. [1973 c.294 �3; 1981 c.897 �70]

�� 618.510 [Repealed by 1973 c.293 �55]

�� 618.511 Remedial power of court. The court may make such additional orders or judgments as may be necessary to restore to any person in interest any moneys or property, real or personal, of which the person was deprived by means of a security seal violation, or as may be necessary to insure cessation of such violations, pursuant to ORS 618.506. [1973 c.294 �4]

�� 618.516 Civil action by private party; damages; attorney fees and costs; effect of court action; time for commencing action. (1) Any person who purchases or leases goods or services and thereby suffers any ascertainable loss of money or property, real or personal, as a result of a willful security seal violation may bring an individual action in an appropriate court to recover actual damages or $200, whichever is greater. The court or the jury, as the case may be, may award punitive damages and the court may provide such equitable relief as it considers necessary or proper.

�� (2) Upon commencement of any action brought under subsection (1) of this section, the clerk of the court shall mail a copy of the complaint or other initial pleading to the Attorney General and, upon entry of any judgment in the action, shall mail a copy of such judgment to the Attorney General.

�� (3) In any action brought by a person under this section, the court may award to the prevailing party reasonable attorney fees at trial and on appeal and costs.

�� (4) Any permanent injunction or judgment or order of the court made under ORS 618.506 or 618.511 is prima facie evidence, in an action brought under this section, that the respondent committed a security seal violation, but an assurance of voluntary compliance, whether or not approved by the court, shall not be evidence of such violation.

�� (5) Actions brought under this section shall be commenced within one year from the discovery of the security seal violation. However, whenever any complaint is filed by a prosecuting attorney to prevent, restrain or punish security seal violations, the running of the statute of limitations with respect to every private right of action under this section and based in whole or in part on any matter complained of in the proceeding shall be suspended during the pendency thereof. [1973 c.294 �5; 1981 c.897 �71; 1995 c.618 �91; 2003 c.576 �526]

�� 618.520 [Repealed by 1973 c.293 �55]

�� 618.521 Investigative demand; petition to modify. (1) When it appears to the prosecuting attorney that a person has committed or is committing a security seal violation, the attorney may execute in writing and cause to be served an investigative demand upon any person who is believed to have information, documentary material or physical evidence relevant to the alleged violation. The investigative demand shall require such person, under oath or otherwise, to appear and testify or to produce relevant documentary material or physical evidence for examination, at such reasonable time and place as may be stated in the investigative demand or to do any of the foregoing, concerning the advertisement, sale or offering for sale of any goods or services or the conduct of any trade or commerce which is the subject matter of the investigation.

�� (2) At any time before the return date specified in an investigative demand, or within 20 days after the demand has been served, whichever period is shorter, a petition to extend the return date, or to modify or set aside the demand, stating good cause including privileged material, may be filed in the appropriate court. [1973 c.294 �6]

�� 618.526 Method of serving investigative demand. Service of an investigative demand under ORS 618.521 shall be made personally within this state. If personal service within this state cannot be made, substituted service of the investigative demand may be made in the following manner:

�� (1) By personal service outside this state;

�� (2) By registered or certified mail to the last-known place of business, residence or abode within or outside this state of the person for whom the investigative demand is intended;

�� (3) In the manner provided for service of summons in an action or suit; or

�� (4) In accordance with the direction of a court. [1973 c.294 �7; 2015 c.83 �2]

�� 618.530 [Repealed by 1973 c.293 �55]

�� 618.531 Effect of failure to obey investigative demand. (1) If any person after being served with an investigative demand under ORS 618.526, fails to obey an investigative demand issued by the prosecuting attorney, the prosecuting attorney may, after notice, apply to an appropriate court and, after hearing thereon, request an order:

�� (a) Granting injunctive relief to restrain the person from engaging in the conduct of any activity that is involved in the alleged or suspected violation; or

�� (b) Granting such other relief as may be required, until the person obeys the investigative demand.

�� (2) Any disobedience of any final order of a court under this section shall be punished as a contempt of court. [1973 c.294 �8]

�� 618.536 [1973 c.294 �9; renumbered 618.995 in 2001]

�� 618.540 [Repealed by 1973 c.293 �55]

�� 618.541 Loss of license for operation in violation of injunction. Upon petition by the prosecuting attorney, the court may, in its discretion, order suspension or forfeiture of the license for any liquid or gaseous metering instrument or device operated in violation of the terms of any injunction issued under ORS 618.506. [1973 c.294 �10]

�� 618.546 Reports by district attorney to Attorney General; filing of voluntary compliances. A district attorney shall make a full report to the Attorney General of any action, suit, or proceeding prosecuted by such district attorney under ORS

ORS 701.536

701.536 for the repeal of 701.126 has not been made.

(Restoration Work)

�� 701.540 Licensing; standards and practices; rules. (1) As used in this section:

�� (a) �Board-up services� means covering over the openings of a damaged structure to secure against weather or unauthorized or unsafe entry.

�� (b) �Man-made or natural disaster� means a fire, flood, earthquake, crime or other sudden event that causes a structure or the contents of a structure to suffer damage as described in rules adopted by the Construction Contractors Board.

�� (c) �Restoration work� means the performance, on a residential or small commercial structure, of:

�� (A) Nonroutine cleaning, water removal, personal property inventory or other services undertaken because of damage to the structure, or to the contents of the structure, that was caused by a man-made or natural disaster;

�� (B) Debris removal that does not require demolition work on the structure; and

�� (C) Board-up services.

�� (d) �Restoration work� does not mean:

�� (A) The repair or replacement of physical components of a structure;

�� (B) Demolition of all or part of a structure; or

�� (C) Except as provided in paragraph (c)(C) of this subsection, any work on a residential or small commercial structure that requires a license endorsement listed in subsection (3)(b)(A) to (C) or (E) to (H) of this section.

�� (2)(a) The board may issue a licensee an endorsement as a residential restoration contractor. A license endorsement as a residential restoration contractor authorizes the licensee to perform restoration work, but does not authorize the performance of other contractor activities.

�� (b) Notwithstanding ORS 701.122, the board may not require a residential restoration contractor to take a test measuring the knowledge of the contractor regarding business practices and laws affecting construction contractors.

�� (c) ORS 701.082 does not apply to residential restoration contractors, but the board may establish continuing education requirements for residential restoration contractors by rule.

�� (3) For purposes of ORS 701.021 (1), the appropriate license endorsements to arrange for, undertake, offer to undertake or submit a bid to do restoration work for compensation, or with the expectation to be compensated, are:

�� (a) The following if the work is on a residential structure:

�� (A) Residential general contractor.

�� (B) Residential specialty contractor.

�� (C) Residential limited contractor.

�� (D) Residential restoration contractor.

�� (b) The following if the restoration work is on or in connection with a small commercial structure:

�� (A) Residential general contractor.

�� (B) Residential specialty contractor.

�� (C) Residential limited contractor.

�� (D) Residential restoration contractor.

�� (E) Commercial general contractor level 1.

�� (F) Commercial specialty contractor level 1.

�� (G) Commercial general contractor level 2.

�� (H) Commercial specialty contractor level 2.

�� (4) The board may adopt rules to regulate the arranging, undertaking, offering to undertake and submission of bids for restoration work by licensees of the board, including but not limited to rules establishing minimum standards of practice and professional conduct for the offering or performance of restoration work. [2015 c.498 �2]

ACCESSIBILITY FEATURES

�� 701.545 Provision of accessible features list to purchaser; effect. (1) As used in this section and ORS 701.547:

�� (a) �Developer� means a person who contracts to construct, or arrange for the construction of, new residential housing on behalf of, or for the purpose of selling the residential housing to, a specific individual the person knows is the purchaser of the residential housing.

�� (b) �Residential housing�:

�� (A) Means a structure designed for use as a residence and containing dwelling units for three or fewer families.

�� (B) Means a structure that is a condominium as defined in ORS 100.005.

�� (C) Does not mean a manufactured structure as defined in ORS 174.101.

�� (2) A developer who enters into a contract to construct or arrange for the construction of new residential housing may, at the time of providing a purchaser with a written contract, also provide the purchaser with a list of features that may make residential housing more accessible to a person with a disability. The list may include the features identified in the model list of features adopted by the Construction Contractors Board by rule under ORS 701.547.

�� (3) The inclusion of a feature on the list supplied by the developer under subsection (2) of this section does not obligate the developer to make the feature available to a purchaser. The list supplied by the developer may specify for each feature whether the feature is standard, optional, available on a limited basis or unavailable from the developer. If a listed feature is available from the developer as an option or on a limited basis, the list of features may specify the stage of construction by which the purchaser must submit to the developer any request that the residential housing be constructed with that feature.

�� (4) This section, or the inclusion of a feature on the model list developed under ORS 701.547, does not affect the requirement that installation of a feature comply with the state building code or be approved under ORS 455.060. [Formerly 701.525; 2019 c.422 �39]

�� Note: 701.545 and 701.547 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 701 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 701.547 Model list of accessibility features; rules. The Construction Contractors Board shall adopt by rule a model list of features recommended for inclusion in a list of features that a developer supplies to a purchaser of residential housing under ORS 701.545. In developing the model list of features, the board shall solicit the comments of advocacy groups and other organizations serving persons with disabilities. [Formerly 701.530]

�� Note: See note under 701.545.

MERCURY THERMOSTATS

�� 701.550 Notice of Department of Consumer and Business Services rules regarding thermostats containing mercury. The Construction Contractors Board shall provide an annual notice to each contractor licensed under this chapter that informs contractors of the rules developed by the Director of the Department of Consumer and Business Services pursuant to ORS 455.355 prohibiting the installation of thermostats that contain mercury and requiring proper disposal of thermostats that contain mercury. [2001 c.924 �22]

PROHIBITED MATERIAL INSTALLATION

�� 701.555 Barrier-type exterior insulation and finish systems. (1) As used in this section, �barrier-type exterior insulation and finish system� means a foam insulation board inner layer, a polymer and cement base coat middle layer reinforced with glass fiber mesh and a textured finish coat exterior layer, in which:

�� (a) The layers are bonded to the outside face of an exterior wall;

�� (b) The middle or exterior layer, but not the inner layer, provides a water resistant barrier for the exterior of the building envelope;

�� (c) The layers do not provide a means of drainage for water that accumulates behind the exterior surface; and

�� (d) The layers insulate the building.

�� (2) A person licensed or required to be licensed under this chapter may not install a barrier-type exterior insulation and finish system on:

�� (a) A new building; or

�� (b) An existing building, except as necessary to repair or replace a previously installed barrier-type exterior insulation and finish system.

�� (3) Subsection (2) of this section does not apply to the application of a barrier-type exterior insulation and finish system:

�� (a) As an architectural feature that is not intended to protect an interior space of the building; or

�� (b) To a concrete wall or a concrete masonry unit block wall. [2007 c.851 �2]

NOTICES OF DEFECT IN RESIDENCE

�� 701.560 Definitions for ORS 701.560 to 701.595 and 701.605. As used in ORS 701.560 to 701.595 and 701.605:

�� (1) �Contractor� means a person that performed services for the construction, alteration or repair of a residence.

�� (2) �Defect� means a deficiency, an inadequacy or an insufficiency arising out of or relating to the construction, alteration or repair of a residence. �Defect� includes a deficiency, an inadequacy or an insufficiency in a system, component or material incorporated into a residence.

�� (3) �Owner� means a person that possesses an interest in a residence or in land that is a residential site or has entered into a contract for the purchase of an interest in the residence or land. �Owner� includes:

�� (a) A homeowners association as defined in ORS 94.550;

�� (b) A managing entity as defined in ORS 94.803;

�� (c) An owners� association as described in ORS 94.858;

�� (d) An association of unit owners as defined in ORS 100.005; and

�� (e) Any other entity that possesses an interest in a residence or represents owners of a residence.

�� (4) �Remediation� means the repair or replacement of some or all of the defects described in an owner�s notice of defect sent under ORS 701.565.

�� (5) �Residence� means:

�� (a) A residential structure as defined in ORS 701.005;

�� (b) Common property as defined in ORS 94.550; and

�� (c) A common element as defined in ORS 100.005.

�� (6) �Secondary notice� means a copy of an owner�s notice of defect that a contractor, subcontractor or supplier sends to another contractor, subcontractor or supplier that may be responsible for a defect.

�� (7) �Subcontractor� means any person that performed services for the construction, alteration or repair of a residence at the request or direction of a contractor.

�� (8) �Supplier� means any person that furnished or manufactured the systems, components or materials incorporated into a residence as part of the construction, alteration or repair of the residence. [2003 c.660 �1]

�� Note: 701.560 to 701.605 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 701 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 701.565 Notice of defect requirement; contents; mailing. (1) Except as provided in ORS 701.600, an owner may not compel arbitration or commence a court action against a contractor, subcontractor or supplier to assert a claim arising out of or related to any defect in the construction, alteration or repair of a residence or in any system, component or material incorporated into a residence located in this state unless the owner has sent that contractor, subcontractor or supplier a notice of defect as provided in this section and has complied with ORS 701.575.

�� (2) An owner must send a notice of defect by registered or certified mail, return receipt requested. If a notice of defect is sent to a contractor or subcontractor, the owner must send the notice to the last known address for the contractor or subcontractor as shown in the records of the Construction Contractors Board. If a notice of defect is sent to a supplier, the owner must send the notice to the Oregon business address of the supplier or, if none, to the registered agent of the supplier.

�� (3) A notice of defect sent by an owner must include:

�� (a) The name and mailing address of the owner or the owner�s legal representative, if any;

�� (b) A statement that the owner may seek to compel arbitration or bring a court action against the contractor, subcontractor or supplier;

�� (c) The address and location of the affected residence;

�� (d) A description of:

�� (A) Each defect;

�� (B) The remediation the owner believes is necessary; and

�� (C) Any incidental damage not curable by remediation as described in subparagraph (B) of this paragraph; and

�� (e) Any report or other document evidencing the existence of the defects and any incidental damage. [2003 c.660 �2; 2011 c.268 �1]

�� Note: See note under 701.560.

�� 701.570 Secondary notice of defect; inspection of residence; response to notice or secondary notice. (1) A contractor, subcontractor or supplier that receives a notice of defect sent under ORS 701.565 shall, not later than 14 days after receiving the notice of defect, send a secondary notice to any other known contractor, subcontractor or supplier that may be responsible for some or all of the defects described in the notice of defect. The contractor, subcontractor or supplier must send the secondary notice by registered or certified mail, return receipt requested, to an address described in ORS 701.565 (2). The secondary notice must be accompanied by a statement describing the basis for contending that the other contractor, subcontractor or supplier may be responsible for some or all of the defects.

�� (2) A contractor, subcontractor or supplier that receives a notice of defect or secondary notice may send the owner a written request to conduct a visual examination of the residence. Except as provided in ORS 701.572, the written request must be sent not later than 14 days after the requesting contractor, subcontractor or supplier receives a notice of defect or secondary notice. The written request to conduct a visual examination of the residence must state the estimated time required for the visual examination.

�� (3) A contractor, subcontractor or supplier that receives a notice of defect or secondary notice may send the owner a written request to inspect the residence. Except as provided in ORS 701.572, the written request must be sent not later than 14 days after the requesting contractor, subcontractor or supplier conducted a visual examination of the residence. The written request to inspect the residence must state the nature and scope of the inspection, whether any testing is to be performed and the estimated time required for the inspection. The recipient of a secondary notice that requests to inspect the residence shall send a copy of the request to the sender of the secondary notice.

�� (4) A contractor, subcontractor or supplier that sends a secondary notice and intends to hold the recipient of the secondary notice liable for a defect described in a notice of defect shall coordinate the scheduling of any inspection with the owner and all recipients of a secondary notice from the contractor, subcontractor or supplier. The contractor, subcontractor or supplier shall deliver a copy of any written request to inspect the residence to each recipient of the secondary notice in time to provide the recipient with an opportunity to attend the requested inspection and to participate in any remediation. The sender of a secondary notice shall give reasonable advance notice to the owner or the owner�s legal representative, if any, of the identity of any contractor, subcontractor or supplier who will attend the inspection. If the sender of the notice of defect is a homeowners association or an association of unit owners, the response to the secondary notice must conform with ORS 701.572.

�� (5) Unless otherwise agreed to by the owner, a contractor, subcontractor or supplier that receives a notice of defect or secondary notice shall send a written response to the owner not later than 90 days after the contractor, subcontractor or supplier receives a notice of defect or secondary notice. A contractor, subcontractor or supplier that receives a secondary notice also shall send a copy of the written response to the sender of the secondary notice. The written response must be sent by registered or certified mail, return receipt requested. The written response must include:

�� (a) One or more of the following for each defect described in the notice of defect or secondary notice or discovered during the course of any visual examination or inspection:

�� (A) An acknowledgment of the existence, nature and extent of the defect without regard to responsibility for the defect.

�� (B) A statement describing the existence of a defect different in nature or extent from the defect described in the notice of defect or secondary notice, without regard to responsibility for the defect.

�� (C) A denial of the existence of the defect.

�� (b) A copy of the documents described in ORS 701.575 (4).

�� (c) One or more of the following:

�� (A) An offer to perform some or all of the remediation. The offer must specify the date by which the offered remediation will be completed.

�� (B) An offer to pay a stated amount of monetary compensation to the owner for some or all of the acknowledged defects and any incidental damage. The offer must specify the date by which payment will be made.

�� (C) A denial of responsibility for some or all of the acknowledged defects or incidental damage. [2003 c.660 �3; 2011 c.268 �2; 2025 c.578 �13]

�� Note: See note under 701.560.

�� 701.572 Duties and rights of contractor, subcontractor or supplier following association�s notice of defect; requirements for offers to pay compensation; duties of owner upon receipt of offer to pay compensation; dispute resolution; satisfaction of claim. If a homeowners association or association of unit owners sends a notice of defect under ORS 701.565:

�� (1) The periods during which a contractor, subcontractor or supplier may send a written request to conduct a visual examination or request to inspect the residence under ORS

ORS 805.310

805.310 if the vehicle or combination:

�� (a) Is used for transportation described under ORS 805.390.

�� (b) Is used for transporting sand, gravel, rock, dirt, debris, cinders or asphaltic concrete mix to a project of a district or corporation organized under ORS chapter 545, 547 or 554 when the project is being constructed on land owned or leased by the farmer and the materials are directly related to the construction of the project.

�� (c) Has three or fewer permanent axles and is used in part to provide transportation services for hire when such services relate to the farm of another and are services that the vehicle owner could perform in the operation of the owner�s farm under farm vehicle registration issued under ORS 805.300 or with the farm device issued under ORS 805.400. For purposes of this paragraph, a single drop axle is not a permanent axle.

�� (d) Is a combination of a pickup truck and a trailer and is used in part to provide transportation services for hire when such services relate to the farm of another and are services that the vehicle owner could perform in the operation of the owner�s farm under farm vehicle registration issued under ORS 805.300 or with the farm device issued under ORS 805.400.

�� (2) Vehicles or combinations that either are registered under ORS 805.300 or have a farm device issued under ORS 805.400 are subject to the provisions of ORS 825.210, 825.250 and 825.252 if the vehicles or combinations:

�� (a) Are operating in interstate commerce; or

�� (b) Have a combined weight of more than 80,000 pounds.

�� (3) Any farmer with a vehicle registered under ORS 805.300, or with a farm device issued under ORS 805.400, may obtain a permit under ORS 825.102 that will authorize partial use of the vehicle to provide transportation services for hire.

�� (4) Any person issued a permit as described in subsection (3) of this section must comply with record keeping requirements and reporting requirements that the Department of Transportation determines necessary for the department to administer this section. The department may deny the exemptions from provisions of this chapter provided to persons issued permits as described in subsection (3) of this section if a person fails to comply with record keeping requirements. [Formerly

ORS 818.200

818.200 (1)(a) to (c) are subject to the road use assessment fee imposed under ORS 818.225 for the entire motor vehicle weight, minus the road use assessment fee for the maximum vehicle weight allowed under the annual variance permit.

�� (4) The tax for each motor vehicle shall be computed by multiplying the extreme mileage of travel in Oregon by the appropriate weight group tax rate as it appears in the table.

�� SECTION 96. ORS 825.480 is amended to read:

�� 825.480. (1)(a) In lieu of other fees provided in ORS 825.474, carriers engaged in operating motor vehicles in the transportation of logs, poles, peeler cores or piling may pay annual fees for such operation computed at the rate of [$11.60]$10.50 for each 100 pounds of declared combined weight.

�� (b) Any carrier electing to pay fees under this method may, as to vehicles otherwise exempt from taxation, elect to be taxed on the mileage basis for movements of such empty vehicles over public highways whenever operations are for the purpose of repair, maintenance, servicing or moving from one exempt highway operation to another.

�� (2) The annual fees provided in subsections (1)[, (4) and (5)] and (3) of this section may be paid on a monthly basis. Any carrier electing to pay fees under this method may not change an election during the same calendar year in which the election is made, but may be relieved from the payment due for any month during which a motor vehicle is not operated. A carrier electing to pay fees under this method shall report and pay these fees on or before the 10th of each month for the preceding month�s operations. A monthly report shall be made on all vehicles on the annual fee basis including any vehicle not operated for the month.

�� [(3)(a) In lieu of the fees provided in ORS 825.470 to 825.474, motor vehicles described in ORS 825.024 with a combined weight of less than 46,000 pounds that are being operated under a permit issued under ORS 825.102 may pay annual fees for such operation computed at the rate of $9.60 for each 100 pounds of declared combined weight.]

�� [(b) The annual fees provided in this subsection shall be paid in advance but may be paid on a monthly basis on or before the first day of the month. A carrier may be relieved from the fees due for any month during which the motor vehicle is not operated for hire if a statement to that effect is filed with the Department of Transportation on or before the fifth day of the first month for which relief is sought.]

�� [(4)(a)] (3)(a) In lieu of other fees provided in ORS 825.474, carriers engaged in the operation of motor vehicles equipped with dump bodies and used in the transportation of sand, gravel, rock, dirt, debris, cinders, asphaltic concrete mix, metallic ores and concentrates or raw nonmetallic products, whether crushed or otherwise, moving from mines, pits or quarries may pay annual fees for such operation computed at the rate of [$11.50] $16.98 for each 100 pounds of declared combined weight.

�� (b) Any carrier electing to pay fees under this method may, as to vehicles otherwise exempt for taxation, elect to be taxed on the mileage basis for movements of such empty vehicles over public highways whenever operations are for the purpose of repair, maintenance, servicing or moving from one exempt highway operation to another.

�� [(5)(a) In lieu of other fees provided in ORS 825.474, carriers engaged in operating motor vehicles in the transportation of wood chips, sawdust, barkdust, hog fuel or shavings may pay annual fees for such operation computed at the rate of $47 for each 100 pounds of declared combined weight.]

�� [(b) Any carrier electing to pay under this method may, as to vehicles otherwise exempt from taxation, elect to be taxed on the mileage basis for movement of such empty vehicles over public highways whenever operations are for the purpose of repair, maintenance, service or moving from one exempt highway operation to another.]

�� SECTION 97. ORS 825.480, as amended by section 96 of this 2025 special session Act, is amended to read:

�� 825.480. [(1)(a) In lieu of other fees provided in ORS 825.474, carriers engaged in operating motor vehicles in the transportation of logs, poles, peeler cores or piling may pay annual fees for such operation computed at the rate of $10.50 for each 100 pounds of declared combined weight.]

�� (1)(a) In lieu of other fees provided in ORS 825.474, carriers engaged in operating motor vehicles in the transportation of logs, poles, peeler cores or piling may pay annual fees for such operation computed at the following rate for each 100 pounds of declared combined weight:

�� (A) For electric motor vehicles, $10.94.

�� (B) For vehicles other than electric motor vehicles, $7.57.

�� (2) The annual fees provided in subsections (1) and (3) of this section may be paid on a monthly basis. Any carrier electing to pay fees under this method may not change an election during the same calendar year in which the election is made, but may be relieved from the payment due for any month during which a motor vehicle is not operated. A carrier electing to pay fees under this method shall report and pay these fees on or before the 10th of each month for the preceding month�s operations. A monthly report shall be made on all vehicles on the annual fee basis including any vehicle not operated for the month.

�� [(3)(a)] (3) In lieu of other fees provided in ORS 825.474, carriers engaged in the operation of motor vehicles equipped with dump bodies and used in the transportation of sand, gravel, rock, dirt, debris, cinders, asphaltic concrete mix, metallic ores and concentrates or raw nonmetallic products, whether crushed or otherwise, moving from mines, pits or quarries may pay annual fees for such operation computed at the following rate [of $16.98] for each 100 pounds of declared combined weight[.]:

�� (a) For electric motor vehicles, $17.69.

�� (b) For vehicles other than electric motor vehicles, $12.25.

�� [(b) Any carrier electing to pay fees under this method may, as to vehicles otherwise exempt for taxation, elect to be taxed on the mileage basis for movements of such empty vehicles over public highways whenever operations are for the purpose of repair, maintenance, servicing or moving from one exempt highway operation to another.]

�� SECTION 98. ORS 818.225 is amended to read:

�� 818.225. (1) As used in this section, �equivalent single-axle load� means the relationship between actual or requested weight and an 18,000 pound single-axle load as determined by the American Association of State Highway and Transportation Officials Road Tests reported at the Proceedings Conference of 1962.

�� (2)(a) In addition to any fee for a single-trip nondivisible load permit, a person who is issued the permit or who operates a vehicle in a manner that requires the permit is liable for payment of a road use assessment fee of [ten and nine-tenths] seven and nine-tenths cents per equivalent single-axle load mile traveled.

�� (b) If the road use assessment fee is not collected at the time of issuance of the permit, the department shall bill the permittee for the amount due. The account shall be considered delinquent if not paid within 60 days of billing.

�� (c) The miles of travel authorized by a single-trip nondivisible load permit shall be exempt from taxation under ORS chapter 825.

�� (3) The department may adopt rules:

�� (a) To standardize the determination of equivalent single-axle load computation based on average highway conditions; and

�� (b) To establish procedures for payment, collection and enforcement of the fees and assessments established by this chapter.

�� SECTION 99. (1) The amendments to ORS 825.474, 825.476 and 825.480 by sections 92, 94 and 96 of this 2025 special session Act become operative on July 1, 2027.

�� (2) The amendments to ORS 818.225, 825.474, 825.476 and 825.480 by sections 93, 95, 97 and 98 of this 2025 special session Act become operative on July 1, 2029.

�� SECTION 100. (1) The amendments to ORS 825.474, 825.476 and 825.480 by sections 92, 94 and 96 of this 2025 special session Act apply to taxes imposed on or after July 1, 2027.

�� (2) The amendments to ORS 818.225, 825.474, 825.476 and 825.480 by sections 93, 95, 97 and 98 of this 2025 special session Act apply to taxes imposed on or after July 1, 2029.

CAPTIONS

�� SECTION 101. The unit and section captions used in this 2025 special session 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 2025 special session Act.

EFFECTIVE DATE

�� SECTION 102. This 2025 special session Act takes effect on the 91st day after the date on which the 2025 special session of the Eighty-third Legislative Assembly adjourns sine die.

ORS 825.024

825.024 with a combined weight of less than 46,000 pounds that are being operated under a permit issued under ORS 825.102 may pay annual fees for such operation computed at the rate of $9.60 for each 100 pounds of declared combined weight.

�� (b) The annual fees provided in this subsection shall be paid in advance but may be paid on a monthly basis on or before the first day of the month. A carrier may be relieved from the fees due for any month during which the motor vehicle is not operated for hire if a statement to that effect is filed with the Department of Transportation on or before the fifth day of the first month for which relief is sought.

�� (4)(a) In lieu of other fees provided in ORS 825.474, carriers engaged in the operation of motor vehicles equipped with dump bodies and used in the transportation of sand, gravel, rock, dirt, debris, cinders, asphaltic concrete mix, metallic ores and concentrates or raw nonmetallic products, whether crushed or otherwise, moving from mines, pits or quarries may pay annual fees for such operation computed at the rate of $11.50 for each 100 pounds of declared combined weight.

�� (5)(a) In lieu of other fees provided in ORS 825.474, carriers engaged in operating motor vehicles in the transportation of wood chips, sawdust, barkdust, hog fuel or shavings may pay annual fees for such operation computed at the rate of $47 for each 100 pounds of declared combined weight.

�� (b) Any carrier electing to pay under this method may, as to vehicles otherwise exempt from taxation, elect to be taxed on the mileage basis for movement of such empty vehicles over public highways whenever operations are for the purpose of repair, maintenance, service or moving from one exempt highway operation to another. [Formerly 767.825; 2003 c.618 �5; 2009 c.865 �53; 2017 c.750 ��66,67; 2018 c.93 ��29,29a]

�� Note: 825.480 is amended by Enrolled House Bill 3991 (2025 special session). As of the date of publication of the 2025 Edition of the Oregon Revised Statutes, Enrolled House Bill 3991 (2025 special session) is subject to potential referendum petitions that may be filed with the Secretary of State as provided in Article IV, section 1, of the Oregon Constitution. The full text of Enrolled House Bill 3991 (2025 special session) is set forth following 801.610.

�� 825.482 Review of flat fee rates. The Department of Transportation and the Oregon Transportation Commission shall review flat fee rates established under ORS 825.480 in each even-numbered year and shall recommend to the next following odd-numbered year regular session of the Legislative Assembly any adjustments to the flat fee rates that the department and the commission deem appropriate. [1989 c.992 �28; 2011 c.545 �67]

�� Note: 825.482 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 825 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 825.484 Effect of carrier tax law on other taxes; offset of fees or taxes erroneously paid. (1) The fees or taxes listed in ORS 825.474, 825.476 and 825.480 shall be in addition to, and not in lieu of, other fees and taxes of the state, county or municipality which may be imposed, levied, assessed or collected against the business or property of such carrier. This section does not authorize the imposition of license fees by municipalities upon intercity carriers, or deprive any city within which a passenger motor vehicle, having a seating capacity of not more than seven passengers, is principally operated for hire, from imposing and collecting license fees upon and from such motor vehicle, or the owner or operator thereof, as to such portion of its operations as are wholly within the corporate limits of such city.

�� (2) ORS 319.510 to 319.880 do not apply to vehicles or fuels used therein when the vehicles are subject to, and report and pay:

�� (a) The tax for the use of Oregon highways based upon the combined weight of the vehicle and in accordance with the weight group rates prescribed in ORS 825.474, 825.476 and

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)