Oregon Contractor Licensing Law

Oregon Code · 517 sections

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

ORS 1.380

1.380 (1989 Edition) if the surviving spouse or dependent was covered at the time of the decedent�s death by a health care insurance plan contracted for under this section.

�� (c) �Health care� means medical, surgical, hospital or any other remedial care recognized by state law and related services and supplies and includes comparable benefits for persons who rely on spiritual means of healing.

�� (2) The Public Employees Retirement Board shall conduct a continuing study and investigation of all matters connected with the providing of health care insurance protection to eligible persons. The board shall design benefits, devise specifications, invite proposals, analyze carrier responses to advertisements for proposals and do acts necessary to award contracts to provide health care insurance, including insurance that provides coverage supplemental to federal Medicare coverage, with emphasis on features based on health care cost containment principles, for eligible persons. The board is not subject to the provisions of ORS chapters 279A and 279B, except ORS 279B.235, in awarding contracts under the provisions of this section. The board shall establish procedures for inviting proposals and awarding contracts under this section.

�� (3) The board shall enter into a contract with a carrier to provide health care insurance for eligible persons for a one or two-year period. The board may enter into more than one contract with one or more carriers, contracting jointly or severally, if in the opinion of the board it is necessary to do so to obtain maximum coverage at minimum cost and consistent with the health care insurance needs of eligible persons. The board periodically shall review a current contract or contracts and make suitable study and investigation for the purpose of determining whether a different contract or contracts can and should, in the best interest of eligible persons, be entered into. If it would be advantageous to eligible persons to do so, the board shall enter into a different contract or contracts. Contracts shall be signed by the chairperson on behalf of the board.

�� (4) Except as provided in ORS 238.415 and 238.420, the board may deduct monthly from the retirement allowance or benefit, retirement pay or pension payable to an eligible person who elects to participate in a health care insurance plan the monthly cost of the coverage for the person under a health care insurance contract entered into under this section and the administrative costs incurred by the board under this section, and shall pay those amounts into the Standard Retiree Health Insurance Account established under subsection (7) of this section. The board by rule may establish other procedures for collecting the monthly cost of the coverage and the administrative costs incurred by the board under this section if the board does not deduct those costs from the retirement allowance or benefit, retirement pay or pension payable to an eligible person.

�� (5) Subject to applicable provisions of ORS chapter 183, the board may make rules not inconsistent with this section to determine the terms and conditions of eligible person participation and coverage and otherwise to implement and carry out the purposes and provisions of this section and ORS 238.420.

�� (6) The board may retain consultants, brokers or other advisory personnel, organizations specializing in health care cost containment or other administrative services when it determines the necessity and, subject to the State Personnel Relations Law, shall employ such personnel as are required to assist in performing the functions of the board under this section.

�� (7) Pursuant to section 401(h) of the Internal Revenue Code, the Standard Retiree Health Insurance Account is established within the Public Employees Retirement Fund, separate and distinct from the General Fund. All payments made by eligible persons for health insurance coverage provided under this section shall be held in the account. Interest earned by the account shall be credited to the account. All moneys in the account are continuously appropriated to the Public Employees Retirement Board and may be used by the board only to pay the cost of health insurance coverage under this section and to pay the administrative costs incurred by the board under this section.

�� (8) The sum of all amounts paid by eligible persons into the Standard Retiree Health Insurance Account, by participating public employers into the Retiree Health Insurance Premium Account under ORS 238.415, and by participating public employers into the Retirement Health Insurance Account under ORS 238.420, may not exceed 25 percent of the aggregate contributions made by participating public employers to the Public Employees Retirement Fund on or after July 11, 1987, not including contributions made by participating public employers to fund prior service credits.

�� (9) Until all liabilities for health benefits under the system are satisfied, contributions and earnings in the Standard Retiree Health Insurance Account, the Retiree Health Insurance Premium Account under ORS 238.415 and the Retirement Health Insurance Account under ORS 238.420 may not be diverted or otherwise put to any use other than providing health benefits and payment of reasonable costs incurred in administering this section and ORS 238.415 and 238.420. Upon satisfaction of all liabilities for providing health benefits under this section, any amount remaining in the Standard Retiree Health Insurance Account shall be returned to the participating public employers who have made contributions to the account. The distribution shall be made in such equitable manner as the board determines appropriate. [Formerly 237.320; 1999 c.317 �16; 1999 c.407 �7; 2003 c.794 �219; 2005 c.808 ��4,5]

�� Note: 238.410 was added to and made a part of ORS chapter 237 (1993 Edition) by legislative action but was not added to ORS chapter 238 or any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 238.415 Payment toward cost of pre-Medicare insurance; rules. (1) As used in this section:

�� (a) �Board� means the Public Employees Retirement Board.

�� (b) �Eligible retired state employee� means:

�� (A) A retired member of the Public Employees Retirement System who was a state employee at the time of retirement, is retired for service or disability, is receiving a retirement allowance or benefit under the system, had eight years or more of qualifying service in the system at the time of retirement or is receiving a disability retirement allowance including a pension computed as if the member had eight years or more of creditable service in the system at the time of retirement, and has attained earliest service retirement age but is not eligible for federal Medicare coverage; or

�� (B) A person who is a surviving spouse or dependent of a deceased eligible retired state employee as provided in subparagraph (A) of this paragraph at the time of death, who:

�� (i) Is receiving a retirement allowance or benefit under the system; or

�� (ii) Was covered at the time of the eligible retired state employee�s death by the retired employee�s health insurance contracted for under ORS 238.410, and the employee retired on or after September 29, 1991.

�� (c) �Qualifying service� means creditable service in the system and any periods of employment with an employer participating in the system required of the employee before becoming a member of the system.

�� (d) �System� means the Public Employees Retirement System.

�� (2) Of the monthly cost of coverage for an eligible retired state employee under a health care insurance contract entered into under ORS 238.410, an amount as determined under subsection (3) of this section shall be paid from the Retiree Health Insurance Premium Account established by subsection (4) of this section, and any monthly cost in excess of the amount so determined shall be paid by the eligible retired state employee in the manner provided in ORS 238.410 (4). Any amount paid under this subsection shall be exempt from all state, county and municipal taxes imposed on the eligible retired member.

�� (3) On or before January 1 of each year, the Public Employees Retirement Board shall calculate the average difference between the health insurance premiums paid by retired state employees under contracts entered into by the board under ORS 238.410 and the health insurance premiums paid by state employees who are not retired under contracts entered into by the Public Employees� Benefit Board. For the purposes of subsection (2) of this section, an eligible retired state employee shall be entitled to receive toward the monthly cost of coverage under a health insurance contract entered into under ORS 238.410:

�� (a) For an eligible retired state employee with eight years or more of qualifying service in the system, but less than 10 years of qualifying service in the system, 50 percent of the amount calculated by the board under this subsection.

�� (b) For an eligible retired state employee with 10 years or more of qualifying service in the system, but less than 15 years of qualifying service in the system, 60 percent of the amount calculated by the board under this subsection.

�� (c) For an eligible retired state employee with 15 years or more of qualifying service in the system, but less than 20 years of qualifying service in the system, 70 percent of the amount calculated by the board under this subsection.

�� (d) For an eligible retired state employee with 20 years or more of qualifying service in the system, but less than 25 years of qualifying service in the system, 80 percent of the amount calculated by the board under this subsection.

�� (e) For an eligible retired state employee with 25 years or more of qualifying service in the system, but less than 30 years of qualifying service in the system, 90 percent of the amount calculated by the board under this subsection.

�� (f) For an eligible retired state employee with 30 years or more of qualifying service in the system, 100 percent of the amount calculated by the board under this subsection.

�� (4) Pursuant to section 401(h) of the Internal Revenue Code, the Retiree Health Insurance Premium Account is established within the Public Employees Retirement Fund, separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. All moneys in the account are continuously appropriated to the Public Employees Retirement Board and may be used only to pay costs of health care insurance contract coverage under subsection (2) of this section, paying the administrative costs incurred by the board under this section and investment of moneys in the account under any law of this state specifically authorizing that investment.

�� (5) The Retiree Health Insurance Premium Account shall be funded by employer contributions. The state shall transmit to the board those amounts the board determines to be actuarially necessary to fund the liabilities of the account. The level of employer contributions shall be established by the board using the same actuarial assumptions it uses to determine employer contribution rates to the Public Employees Retirement Fund. The amounts shall be transmitted at the same time and in the same manner as contributions for pension benefits are transmitted under ORS 238.225.

�� (6) The Public Employees Retirement Board shall, by rule, establish a procedure for calculating the average difference between the health insurance premiums paid by retired state employees under contracts entered into by the board under ORS

ORS 100.200

100.200.

�� (g) A financial statement. The financial statement:

�� (A) Must consist of a balance sheet and an income and expense statement for the preceding 12-month period or the period following the recording of the declaration, whichever period is shorter.

�� (B) Must be reviewed, in accordance with the Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants, by an independent certified public accountant licensed in the State of Oregon if the annual assessments of an association of unit owners exceed $75,000.

�� (h) Association funds or control thereof, including, but not limited to, funds for reserve required under ORS 100.530 (3)(b) and any bank signature cards.

�� (i) All tangible personal property that is property of the association and an inventory of such property.

�� (j) A copy of the following, if available:

�� (A) The as-built architectural, structural, engineering, mechanical, electrical and plumbing plans.

�� (B) The original specifications indicating thereon all material changes.

�� (C) The plans for underground site service, site grading, drainage and landscaping together with cable television drawings.

�� (D) Any other plans and information relevant to future repair or maintenance of the property.

�� (k) Insurance policies.

�� (L) Copies of any occupancy permits which have been issued for the condominium.

�� (m) Any other permits issued by governmental bodies applicable to the condominium in force or issued within one year prior to the date the unit owners assume control of the administration of the association of unit owners.

�� (n) A list of the general contractor and the subcontractors responsible for construction or installation of the major plumbing, electrical, mechanical and structural components of the common elements.

�� (o) A roster of unit owners and their addresses and telephone numbers, if known, as shown on the records of the declarant.

�� (p) Leases of the common elements and any other leases to which the association is a party.

�� (q) Employment or service contracts in which the association is one of the contracting parties or service contracts in which the association or the unit owners have an obligation or responsibility, directly or indirectly, to pay some or all of the fee or charge of the person performing the service.

�� (r) The results from an independent inspection for moisture intrusion and the name of the person who performed the inspection.

�� (s) Any other contracts to which the association of unit owners is a party.

�� (6) In order to facilitate an orderly transition, during the three-month period following the turnover meeting, the declarant or an informed representative shall be available to meet with the board of directors on at least three mutually acceptable dates to review the documents delivered under subsection (5) of this section.

�� (7) If the declarant has complied with this section, unless the declarant otherwise has sufficient voting rights as a unit owner to control the association, the declarant is not responsible for the failure of the unit owners to elect the number of directors sufficient to constitute a quorum of the board of directors and assume control of the association in accordance with subsection (4) of this section. The declarant shall be relieved of any further responsibility for the administration of the association except as a unit owner of any unsold unit.

�� (8) If the unit owners present do not constitute a quorum or the unit owners fail to elect the number of directors sufficient to constitute a quorum of the board of directors at the turnover meeting held in accordance with subsection (1) of this section:

�� (a) At any time before the election of the number of directors sufficient to constitute a quorum, a unit owner or first mortgagee of a unit may call a special meeting for the purpose of election of directors and shall give notice of the meeting in accordance with the notice requirements in the bylaws for special meetings. The unit owners and first mortgagees present at the special meeting shall select a person to preside over the meeting.

�� (b) A unit owner or first mortgagee of a unit may request a court to appoint a receiver as provided in ORS 100.418. [Formerly 94.091; 1999 c.677 �46; 2001 c.756 �36; 2003 c.803 �21; 2007 c.409 �24; 2025 c.578 �10]

SPECIAL DECLARANT RIGHTS

�� 100.220 Liabilities and obligations arising from transfer of special declarant right; extinguishment of right; exemptions. (1) As used in this section, �affiliate� means any person who controls a transferor or successor declarant, is controlled by a transferor or successor declarant or is under common control with a transferor or successor declarant. A person �controls� or �is controlled by� a transferor or successor declarant if the person:

�� (a) Is a general partner, officer, director or employee;

�� (b) Directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing more than 20 percent of the voting interests of the transferor or successor declarant;

�� (c) Controls in any manner the election of a majority of the directors; or

�� (d) Has contributed more than 20 percent of the capital of the transferor or successor declarant.

�� (2) Upon the transfer of any special declarant right, the liabilities and obligations of a transferor are as follows:

�� (a) A transferor is not relieved of any obligation or liability arising before the transfer and remains liable for warranty obligations imposed under ORS 100.185. Lack of privity does not deprive any unit owner of standing to bring an action to enforce any obligation of the transferor.

�� (b) If a transferor retains any special declarant right, or if a successor declarant is an affiliate of the transferor, the transferor is subject to liability for all obligations and liabilities imposed on a declarant by the provisions of this chapter or by the declaration or bylaws arising after the transfer and is jointly and severally liable with the successor declarant for the liabilities and obligations of the successor declarant that relate to the special declarant rights.

�� (c) A transferor who does not retain special declarant rights does not have an obligation or liability for an act or omission or for a breach of a contractual or warranty obligation arising from the exercise of a special declarant right by a successor declarant who is not an affiliate of the transferor.

�� (3) Upon transfer of any special declarant right, the liabilities and obligations of a successor declarant are as follows:

�� (a) A successor declarant who is an affiliate of the transferor is subject to all obligations and liabilities imposed on a declarant by the provisions of this chapter or by the declaration or bylaws.

�� (b) A successor declarant who is not an affiliate of the transferor is not liable for any misrepresentations or warranties made or required to be made, including without limitation warranties required under ORS 100.185, by the declarant or previous successor declarant or for any breach of fiduciary obligation by such person. Such a successor declarant, however, shall:

�� (A) Comply with any provisions of the declaration and bylaws which pertain to such successor declarant�s ownership of the unit or units and the exercise of any special declarant right;

�� (B) Comply with the provisions of ORS 100.015 and 100.635 to 100.910 in connection with the sale of any unit or units, except as provided in ORS 100.665; and

�� (C) Give the warranties described in ORS 100.185 only with respect to common elements or units constructed by the successor declarant.

�� (4)(a) Upon transfer of any special declarant right under this section, any interest held by the transferor in the special declarant right is extinguished and the transferor has no right of recovery.

�� (b) A transferor may only recover a transferred special declarant right by execution of a subsequent conveyance or other instrument that evidences an intent to convey the special declarant right from the successor declarant to the transferor. [Formerly

ORS 100.407

100.407 (2).

�� (2)(a) A written ballot shall set forth each proposed action and provide an opportunity to vote for or against each proposed action.

�� (b) The board of directors must provide owners with at least 10 days� notice before written ballots are mailed or otherwise delivered. If, at least three days before written ballots are scheduled to be mailed or otherwise distributed, at least 10 percent of the owners petition the board of directors requesting secrecy procedures, subject to paragraph (d) of this subsection, a written ballot must be accompanied by:

�� (A) A secrecy envelope;

�� (B) A return identification envelope to be signed by the owner; and

�� (C) Instructions for marking and returning the ballot.

�� (c) The notice required under paragraph (b) of this subsection shall state:

�� (A) The general subject matter of the vote by written ballot;

�� (B) The right of owners to request secrecy procedures specified in paragraph (b) of this subsection;

�� (C) The date after which ballots may be distributed;

�� (D) The date and time by which any petition requesting secrecy procedures must be received by the board; and

�� (E) The address where any petition must be delivered.

�� (d) The requirements of paragraph (b)(A) and (B) of this subsection do not apply to a written ballot of a unit owner if the consent or approval of that unit owner is required by the declaration or bylaws or this chapter.

�� (3) Matters that may be voted on by written ballot shall be deemed approved or rejected as follows:

�� (a) If approval of a proposed action otherwise would require a meeting at which a certain quorum must be present and at which a certain percentage of total votes cast is required to authorize the action, the proposal shall be deemed to be approved when the date for return of ballots has passed, a quorum of unit owners has voted and the required percentage of approving votes has been received. Otherwise, the proposal shall be deemed to be rejected; and

�� (b) If approval of a proposed action otherwise would require a meeting at which a specified percentage of unit owners must authorize the action, the proposal shall be deemed to be approved when the percentage of total votes cast in favor of the proposal equals or exceeds the required percentage. The proposal shall be deemed to be rejected when the number of votes cast in opposition renders approval impossible or when both the date for return of ballots has passed and the required percentage has not been met.

�� (4) All solicitations for votes by written ballot shall state the following:

�� (a) If approval of a proposal by written ballot requires that the total number of votes cast equal or exceed a certain quorum requirement, the number of responses needed to meet the quorum requirement;

�� (b) If approval of a proposal by written ballot requires that a certain percentage of total votes cast approve the proposal, the required percentage of total votes needed for approval; and

�� (c) The period during which the association will accept written ballots for counting in accordance with subsection (5) of this section.

�� (5)(a) The association shall accept written ballots for counting during the period specified in the solicitation under subsection (4) of this section. Except as provided in paragraph (b) of this subsection, the period shall end on the earliest of the following dates:

�� (A) If approval of a proposed action by written ballot requires that a certain percentage of the unit owners approve the proposal, the date on which the association has received a sufficient number of approving ballots;

�� (B) If approval of a proposed action by written ballot requires that a certain percentage of the unit owners approve the proposal, the date on which the association has received a sufficient number of disapproving ballots to render approval impossible; or

�� (C) In all cases, a specified date certain on which all ballots must be returned to be counted.

�� (b) If the vote is by secrecy procedure under subsection (2)(b) of this section, the period shall end on the date specified in the solicitation or any extension under paragraph (c) of this subsection.

�� (c) Except as otherwise provided in the declaration, articles of incorporation or bylaws, in the discretion of the board of directors, if a date certain is specified in the solicitation under subsection (4) of this section, the period may be extended by written notice of the extension given to all unit owners before the end of the specified date certain.

�� (6) Except as otherwise provided in the declaration, articles of incorporation or bylaws, unless the vote is by secrecy procedure under subsection (2)(b) of this section, a written ballot may be revoked before the final return date of the ballots.

�� (7) Unless otherwise prohibited by the declaration, articles of incorporation or bylaws, the votes may be counted from time to time before the final return date of the ballots to determine whether the proposal has passed or failed by the votes already cast on the date the ballots are counted.

�� (8) Notwithstanding subsection (7) of this section, ballots that are returned in secrecy envelopes may not be examined or counted before the date certain specified in the solicitation or any extension under subsection (5)(c) of this section. [1997 c.816 �17; 2001 c.756 �44; 2003 c.569 �34; 2007 c.409 �27]

�� Note: 100.425 was added to and made a part of ORS chapter 100 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 100.427 Methods of voting. (1) The voting rights or consent of a unit owner may be cast or given:

�� (a) In person at a meeting of the association of unit owners.

�� (b) In the discretion of the board of directors, by absentee ballot in accordance with subsection (3) of this section.

�� (c) Unless the declaration or bylaws or this chapter provide otherwise, pursuant to a proxy in accordance with subsection (2) of this section.

�� (d) By written ballot in lieu of a meeting under ORS 100.425.

�� (e) By any other method specified by the declaration or bylaws or this chapter.

�� (2)(a) A proxy:

�� (A) Must be dated and signed by the unit owner;

�� (B) Is not valid if it is undated or purports to be revocable without notice; and

�� (C) Terminates one year after its date unless the proxy specifies a shorter term.

�� (b) The board of directors may not require that a proxy be on a form prescribed by the board.

�� (c) A unit owner may not revoke a proxy given pursuant to this section except by actual notice of revocation to the person presiding over a meeting of the association of unit owners or to the board of directors if a vote is being conducted by written ballot in lieu of a meeting pursuant to ORS 100.425.

�� (d) A copy of a proxy in compliance with paragraph (a) of this subsection provided to the association by facsimile, electronic mail or other means of electronic communication utilized by the board of directors is valid.

�� (3)(a) An absentee ballot shall set forth each proposed action and provide an opportunity to vote for or against each proposed action.

�� (b) All solicitations for votes by absentee ballot shall include:

�� (A) Instructions for delivery of the completed absentee ballot, including the delivery location; and

�� (B) Instructions about whether the ballot may be canceled if the ballot has been delivered according to the instructions.

�� (c) An absentee ballot shall be counted as a unit owner present for the purpose of establishing a quorum.

�� (d) Even if an absentee ballot has been delivered to a unit owner, the unit owner may vote in person at a meeting if the unit owner has:

�� (A) Returned the absentee ballot; and

�� (B) Canceled the absentee ballot, if cancellation is permitted in the instructions given under paragraph (b) of this subsection. [1999 c.677 �61; 2003 c.569 �35; 2007 c.409 �28]

�� Note: 100.427 was added to and made a part of ORS chapter 100 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 100.428 Electronic ballot. (1) As used in this section, �electronic ballot� means a ballot given by:

�� (a) Electronic mail;

�� (b) Facsimile transmission;

�� (c) Posting on a website; or

�� (d) Other means of electronic communication acceptable to the board of directors.

�� (2) Unless the declaration or bylaws prohibit or provide for other methods of electronic ballots, the board of directors of an association of unit owners, in the board�s discretion, may provide that a vote, approval or consent of a unit owner may be given by electronic ballot.

�� (3) An electronic ballot shall comply with the requirements of this section and the declaration or bylaws or this chapter.

�� (4) An electronic ballot may be accompanied by or contained in an electronic notice in accordance with ORS 100.423.

�� (5) If an electronic ballot is posted on a website, a notice of the posting shall be sent to each unit owner and shall contain instructions on obtaining access to the posting on the website.

�� (6) A vote made by electronic ballot is effective when it is electronically transmitted to an address, location or system designated by the board of directors for that purpose.

�� (7) Unless otherwise provided in the declaration or bylaws or rules adopted by the board of directors, a vote by electronic ballot may not be revoked.

�� (8) The board of directors may not elect to use electronic ballots unless there are procedures to ensure:

�� (a) Compliance with ORS 100.425 if the vote conducted by written ballot under ORS 100.425 uses the procedures specified in ORS 100.425 (2)(b); and

�� (b) That the electronic ballot is secret, if the declaration or bylaws or rules adopted by the board require that electronic ballots be secret. [2007 c.409 �21]

�� Note: 100.428 was added to and made a part of ORS chapter 100 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 100.430 Unit deeds; contents. The deed of a unit shall contain:

�� (1) The name of the property, and the recording index numbers and date of recording of the declaration and in the case of a staged or flexible condominium, the applicable supplemental declaration or declaration amendment.

�� (2) The unit designation of the unit.

�� (3) Any further details the grantor and grantee may consider desirable. [Formerly 94.171]

�� 100.435 Insurance for individual units and common elements; fidelity bond. (1) If the bylaws provide that the association of unit owners has the sole authority to decide whether to repair or reconstruct a unit that has suffered damage or that a unit must be repaired or reconstructed, the board of directors shall obtain and maintain at all times and shall pay for out of the common expense funds, the following insurance covering both the common elements and individual units:

�� (a) Property insurance including, but not limited to, fire, extended coverage, vandalism and malicious mischief; and

�� (b) Insurance covering the legal liability of the association of unit owners, the unit owners individually and the manager including, but not limited to, the board of directors, the public and the unit owners and their invitees or tenants, incident to ownership, supervision, control or use of the property. There may be excluded from the policy required under this paragraph, coverage of a unit owner, other than coverage as a member of the association of unit owners or board of directors, for liability arising out of acts or omissions of that unit owner and liability incident to the ownership or use of the part of the property as to which that unit owner has the exclusive use or occupancy. Liability insurance required under this paragraph shall be issued on a comprehensive liability basis and shall provide a cross liability indorsement providing that the rights of a named insured under the policy do not prejudice any action against another named insured.

�� (2) If the bylaws require the individual unit owners to obtain insurance for their units, the bylaws also shall contain a provision requiring the board of directors to obtain the following insurance covering the common elements:

�� (a) Property insurance including, but not limited to, fire, extended coverage, vandalism and malicious mischief; and

�� (b) Insurance covering the legal liability of the association of unit owners and the manager including, but not limited to, the board of directors, to the public or the unit owners and their invitees or tenants, incident to supervision, control or use of the property.

�� (3) The board of directors shall obtain, if reasonably available, terms in insurance policies under this section that provide a waiver of subrogation by the insurer as to any claims against the board of directors of the association.

�� (4) Notwithstanding a provision in the declaration or bylaws of a condominium, including a condominium created before September 27, 2007, that imposes a maximum deductible amount of $10,000 or less in an association insurance policy, if the board of directors determines that it is in the best interest of the association of unit owners and of the unit owners, as provided in subsection (5) of this section, the board may adopt a resolution authorizing the association to obtain and maintain an insurance policy with a deductible amount exceeding the specified maximum, but not in excess of the greater of:

�� (a) The maximum deductible acceptable to the Federal National Mortgage Association; or

�� (b) $10,000.

�� (5) In making the determination under subsection (4) of this section, the board of directors shall consider such factors as the availability and cost of insurance and the loss experience of the association.

�� (6) If the declaration or bylaws of a condominium created before September 27, 2007, do not assign the responsibility for payment of the amount of the deductible in an association insurance policy, the board of directors may adopt a resolution that assigns the responsibility for payment of the amount of the deductible. The resolution must include, but need not be limited to:

�� (a) The circumstances under which the deductible will be charged against:

�� (A) A unit owner or the unit owners affected by a loss; or

�� (B) All unit owners;

�� (b) The allocation of the deductible charged under paragraph (a) of this subsection; and

�� (c) If a unit owner and the association have duplicate insurance coverage, the insurance policy that is primary, unless otherwise provided in the declaration or bylaws.

�� (7) If the board of directors adopts a resolution described in subsection (6) of this section, the resolution may require that a unit owner, in addition to any other insurance required by the declaration or bylaws, obtain and maintain:

�� (a) An insurance policy that insures the unit owner�s unit and appurtenant limited common elements for not less than the amount of the deductible in the association�s insurance policy for which the unit owner may be responsible and that insures the unit owner�s personal property for any loss or damage; and

�� (b) Comprehensive liability insurance that includes, but is not limited to, coverage for negligent acts of unit owners and tenants, guests of unit owners and tenants and occupants of other units for damage to the general and limited common elements, to other units and to the personal property of other persons that is located in other units or the common elements.

�� (8) Unless otherwise provided in the declaration or bylaws, the board of directors may adopt a resolution that:

�� (a) Prescribes a procedure for processing insurance claims. The procedure may require that all claims against the association�s insurance policy be processed through and coordinated by the board of directors or the managing agent, if authorized by the board.

�� (b) Assigns the responsibility for payment of charges for handling claims, including any charges by a managing agent.

�� (9) Not later than 10 days after adoption of a resolution under subsection (4), (6) or (8) of this section, the board of directors shall ensure that a copy of the resolution and a notice described in subsection (10) of this section are:

�� (a) Delivered to each unit owner; or

�� (b) Mailed to the mailing address of each unit owner or to the mailing address designated in writing by the unit owner.

�� (10) The notice required under subsection (9) of this section shall:

�� (a) Advise the unit owner to contact the unit owner�s insurance agent to determine the effect of the resolution on the unit owner�s individual insurance coverage; and

�� (b) Be in a form and style reasonably calculated to inform the unit owner of the importance of the notice.

�� (11) Failure to provide a copy of a resolution or a notice required under this section does not affect the responsibility of a unit owner to comply with a resolution adopted under this section.

�� (12)(a) An association of unit owners shall maintain fidelity bond coverage for:

�� (A) All persons with access to association funds, including directors, officers, employees, managing agents and employees of a management company or entity with which the association contracts.

�� (B) Computer fraud and funds transfer fraud.

�� (b) The fidelity bond required under paragraph (a) of this subsection must be in an amount that is at least equal to the combined amount of:

�� (A) Funds maintained in the name of the association in accounts under ORS 100.480; and

�� (B) Any obligations issued by the United States government purchased by the association under ORS 100.480.

�� (13) Subsection (12) of this section applies to a condominium created before, on or after January 1, 2020.

�� (14) Following the turnover meeting described in ORS 100.210, on an annual basis, with the approval of owners representing a majority of the voting rights present at a meeting, the board of directors may elect for the following year to not maintain the fidelity bond coverage required under subsection (12)(a) of this section or to maintain fidelity bond coverage in an amount less than required under subsection (12)(b) of this section. [Formerly 94.177; 1999 c.677 �50; 2007 c.409 �31; 2019 c.66 �2]

�� 100.440 Liens against property; removal from lien; effect of part payment. (1) Subsequent to recording a declaration and while the property remains subject to this chapter, no lien shall arise or be effective against the property. During such period liens or encumbrances shall arise or be created only against each unit and the undivided interest in the common elements appertaining thereto, in the same manner and under the same conditions as liens or encumbrances may arise or be created upon or against any other separate parcel of real property subject to individual ownership.

�� (2) No labor performed or materials furnished with the consent or at the request of a unit owner, the agent, contractor or subcontractor of the unit owner, shall be the basis for the filing of a mechanic�s or materialman�s lien against the unit of any other unit owner not consenting to or requesting the labor to be performed or the materials to be furnished, except that consent shall be considered given by the owner of any unit in the case of emergency repairs thereto performed or furnished with the consent or at the request of the board of directors.

�� (3) If a lien becomes effective against two or more units, the owner of each unit subject to such a lien shall have the right to have the unit of the owner released from the lien by payment of the amount of the lien attributable to the unit. The amount of the lien attributable to a unit and the payment required to satisfy such a lien, in the absence of agreement, shall be determined by application of the allocation established in the declaration. Such partial payment, satisfaction or discharge shall not prevent the lienor from proceeding to enforce the rights of the lienor against any unit and the undivided interest in the common elements appertaining thereto not so released by payment, satisfaction or discharge. [Formerly 94.185]

�� 100.445 Independent default clauses; option to purchase fee simple interest. Where a leasehold interest is submitted to the provisions of this chapter, the master lease shall:

�� (1) Contain independent default clauses, the effect of which shall be that a unit owner cannot be evicted because the board of directors of the association of unit owners has defaulted so long as the unit owner has paid the pro rata share of the unit owner of the funds necessary to correct the default or because another unit owner has defaulted.

�� (2) Contain the procedure for the submission of the fee simple interest in the property to the condominium if the lease includes an option for the unit owners to purchase the fee simple interest.

�� (3) Be recorded in the office of the recording officer before the declaration for the property is recorded in accordance with ORS 100.100. [Formerly 94.190; 2001 c.756 �45]

�� 100.450 Association lien against individual unit; recording notice of claim; foreclosure; effect of judgment and payment; priority of lien. (1) Whenever an association of unit owners levies any assessment against a unit, the association of unit owners shall have a lien upon the individual unit and the undivided interest in the common elements appertaining to such unit for any unpaid assessments. The lien includes interest, late charges, attorney fees, costs or other amounts levied under the declaration or bylaws. The lien is prior to a homestead exemption and all other liens or encumbrances upon the unit except:

�� (a) Tax and assessment liens; and

�� (b) A first mortgage or trust deed of record unless:

�� (A) The condominium consists of fewer than seven units, all of which are to be used for nonresidential purposes;

�� (B) The declaration provides that the lien of any mortgage or trust deed of record affecting the property shall be subordinate to the lien of the association provided under subsection (1) of this section; and

�� (C) The holder of any mortgage or trust deed of record affecting the property when the declaration is recorded executes a separate subordination of the holder�s interest to the declaration which is attached as an exhibit and which states that the holder understands that the declaration subordinates the holder�s lien to the assessment lien of the association provided under subsection (1) of this section.

�� (2) Recording of the declaration constitutes record notice and perfection of the lien for assessments. No further recording of a claim of lien for assessments or notice of a claim of lien under this section is required to perfect the association�s lien. The association shall record a notice of claim of lien for assessments under this section in the deed records of the county in which the unit is located before any suit to foreclose may proceed under subsection (4) of this section. The notice shall contain:

�� (a) A true statement of the amount due for the unpaid assessments after deducting all just credits and offsets;

�� (b) The name of the owner of the unit, or reputed owner, if known;

�� (c) The name of the condominium and the designation of the unit as stated in the declaration or applicable supplemental declaration; and

�� (d) A statement that if the owner of the unit thereafter fails to pay any assessments when due, as long as the original or any subsequent unpaid assessment remains unpaid, the unpaid amount of assessments automatically continue to accumulate with interest without the necessity of further recording.

�� (3) The notice shall be verified by the oath of some person having knowledge of the facts and shall be recorded by the county recording officer. The record shall be indexed as other liens are required by law to be indexed.

�� (4)(a) The proceedings to foreclose liens created by this section shall conform as nearly as possible to the proceedings to foreclose liens created by ORS 87.010 except, notwithstanding ORS 87.055, a lien may be continued in force for a period of time not to exceed six years from the date the assessment is due. For the purpose of determining the date the assessment is due in those cases when subsequent unpaid assessments have accumulated under a notice recorded as provided in subsection (2) of this section, the assessment and claim regarding each unpaid assessment shall be deemed to have been levied at the time the unpaid assessment became due.

�� (b) The lien may be enforced by the board of directors acting on behalf of the association of unit owners.

�� (c) An action to recover a money judgment for unpaid assessments may be maintained without foreclosing or waiving the lien securing the claim for unpaid assessments. A judgment entered on the action does not extinguish the lien. Payment on the judgment operates to satisfy the lien, or a portion of the lien, to the extent of the payment received.

�� (d) An action to foreclose a lien under this section or recover a money judgment for unpaid assessments may not be maintained unless the Condominium Information Report and the Annual Report described in ORS 100.250 are designated current as provided in ORS 100.255.

�� (5) Unless the declaration or bylaws provides otherwise, fees, late charges, fines and interest imposed pursuant to ORS 100.405 (4)(j), (k), (L) and (m) are enforceable as assessments under this section.

�� (6) With respect to condominium units also constituting timeshare property as defined by ORS

ORS 105.161

105.161 or for removal, storage or sale of the defendant�s property under this section and not recovered pursuant to ORS 90.425 (13) or 90.675 (13) shall be added to the judgment.

�� (4) If the plaintiff fails to permit the defendant to recover possession of the defendant�s personal property under subsection (1) of this section, the defendant may recover from the plaintiff, in addition to any other amount provided by law, twice the actual damages or twice the monthly rent, whichever is greater. [1981 c.753 �9; 1989 c.506 �23; 1989 c.910 �5; 1993 c.369 �18; 1995 c.559 �51; 1997 c.577 �39; 2001 c.596 �48; 2003 c.378 �32; 2003 c.658 �10]

�� 105.168 Minor as party in proceedings pertaining to residential dwellings. Notwithstanding ORCP 27 or any other provision of law, a minor, as defined in ORS 109.697 and who is a tenant as defined under ORS 90.100, may appear as a party without appointment of a guardian or guardian ad litem in an action for forcible entry or wrongful detainer, under ORS 105.100 to 105.168 regarding possession of a residential dwelling unit to which ORS chapter 90 applies, or in an action based upon a contract for a residential dwelling unit or for utility services provided to that unit. [1993 c.369 �31]

EASEMENT OWNER OBLIGATIONS

�� 105.170 Definitions for ORS 105.170 to 105.185. For purposes of ORS 105.170 to 105.185:

�� (1) �Easement� means a nonpossessory interest in the land of another which entitles the holders of an interest in the easement to a private right of way, embodying the right to pass across another�s land.

�� (2) �Holders of an interest in an easement� means those with a legal right to use the easement, including the owner of the land across which the easement passes if the owner of the land has the legal right to use the easement. [1989 c.660 �1; 1991 c.49 �1]

�� 105.175 Easement to be kept in repair; sharing costs; agreements. (1) The holders of an interest in any easement shall maintain the easement in repair.

�� (2) The cost of maintaining the easement in repair shall be shared by each holder of an interest in the easement, pursuant to the terms of any agreement entered into by the parties for that purpose or any recorded instrument creating the easement. Any such agreement, or a memorandum thereof, shall be recorded in the real property records of the county in which the easement is located. Failure to record the agreement shall not affect the enforceability of the agreement among the parties to the agreement and any other person with actual notice of the agreement.

�� (3) The cost of maintaining the easement in repair in the absence of an agreement and in the absence of maintenance provisions in a recorded instrument creating the easement shall be shared by each holder of an interest in the easement in proportion to the use made of the easement by each holder of an interest in the easement.

�� (4) Unless inconsistent with an agreement between the holders of an interest in an easement or a recorded instrument creating the easement, in determining proportionate use and settling conflicts the following guidelines apply:

�� (a) The frequency of use and the size and weight of vehicles used by the respective parties are relevant factors.

�� (b) Unless inappropriate, based on the factors contained in paragraph (a) of this subsection or other relevant factors, costs for normal and usual maintenance of the easement and costs of repair of the easement damaged by natural disasters or other events for which all holders of an interest in the easement are blameless may be shared on the basis of percentages resulting from dividing the distance of total normal usage of all holders of an interest in the easement into the normal usage distance of each holder of an interest in the easement.

�� (c) Those holders of an interest in the easement that are responsible for damage to the easement because of negligence or abnormal use shall repair the damage at their sole expense. [1989 c.660 ��2,3,4; 1991 c.49 �2]

�� 105.180 Action for failure to comply with duty of holder; recovery of costs; arbitration. (1) If any holder of an interest in an easement fails to maintain the easement contrary to an agreement or contrary to the maintenance provisions of a recorded instrument creating the easement or, in the absence of an agreement or recorded instrument imposing maintenance obligations, fails after demand in writing to pay the holder�s proportion of the cost as indicated in ORS 105.175 (3) and (4), a civil action for money damages or specific performance or contribution may be brought against that person in a court of competent jurisdiction by one or more of the other holders of an interest in the easement, either jointly or severally. In any such civil action, the court may order such equitable relief as may be just in the circumstances. Nothing in ORS 105.170 to 105.185 shall impose a maintenance obligation on the holder of an interest in an easement based on the maintenance provisions in an instrument creating the easement if such holder is not a party to such instrument, whether the instrument is recorded or not, after such holder ceases to use the easement.

�� (2) The prevailing party shall recover all court costs, arbitration fees and attorney fees.

�� (3) Any holder of an interest in the easement may apply to the court of competent jurisdiction where the easement is located and that has jurisdiction over the amount in controversy for the appointment of an impartial arbitrator to apportion the cost, and the matter may be arbitrated in accordance with ORS 36.600 to 36.740. The application may be made before, during or after performance of the maintenance work. [1989 c.660 �5; 1991 c.49 �3; 2003 c.598 �34]

�� 105.185 Application of ORS 105.170 to 105.185. The provisions of ORS 105.170 to 105.185:

�� (1) Apply to all easements existing on or created after January 1, 1992; and

�� (2) Do not apply to rights of way held or used by providers of public services including, but not limited to, railroad common carriers, pipeline companies, public utilities, electric cooperatives, people�s utility districts, water utility districts, municipally owned utilities and telecommunications utilities, when used for the sole purpose of provision of service or maintaining or repairing facilities for the provision or distribution of service. [1989 c.660 �6; 1991 c.49 �4]

MODIFICATION OF LEASE TERMS

�� 105.190 Covenant of good faith and fair dealing; rights and obligations of parties. Whenever a covenant of good faith and fair dealing is implied in the lease of real property, a party�s rights or duties under such covenant may be modified only by express provision in the lease agreement. [1997 c.845 �1]

ENCUMBRANCES

�� 105.200 Request for itemized statement. (1) As used in this section, �encumbrance� means:

�� (a) A claim, lien, charge or other liability that is attached to and is binding upon real property in this state as security for payment of a monetary obligation; or

�� (b) A reservation of title to real property in this state under a land sale contract.

�� (2)(a) A person, or an agent of the person, that holds a lien that is an encumbrance upon real property may request from a person that holds another lien that is an encumbrance upon the real property an itemized statement of the amount that is necessary to pay off the other lien. The statement must include the per diem interest that accrues after the date of the statement if the obligation that the lien secures bears interest.

�� (b) The person that receives a request for a statement under paragraph (a) of this subsection may provide the statement without the permission of the obligor on the other lien unless federal or state law requires the obligor�s consent. [2019 c.140 �2]

PARTITION

�� 105.205 Who may maintain partition. When several persons hold real property as tenants in common, in which one or more of them have an estate of inheritance, or for life or years, or when several persons hold as tenants in common a vested remainder or reversion in any real property, any one or more of them may maintain a suit for the partition of the real property according to the respective rights of the persons interested therein, and for a sale of all or a part of the property if it appears that a partition cannot be had without great prejudice to the owner.

�� 105.210 When and how partition prevented. (1) If the court finds that the property can neither be partitioned nor sold without great prejudice to the owners, the court may receive evidence as to the value of the respective interests, fix the value thereof, and make an order permitting an owner to borrow money upon the property with which to pay off the interest, as so fixed, of another owner. Subject to subsection (2) of this section, an owner whose interest in the property is to be satisfied shall be fully discharged by proof of payment filed with the court of the amount fixed by the court as the value of that owner�s interest. A discharged owner shall have no further interest in or claim upon the property.

�� (2) A court may not order the discharge of an interest of a public body in real property without the consent of the governing body of the public body. [Amended by 2001 c.606 �1]

�� 105.215 Complaint. The interest of all known and unknown persons in the property shall be specifically and particularly set forth in the complaint for partition, as far as known to the plaintiff. If one or more of the parties, or the share or quantity of interest of any of the parties, is unknown to the plaintiff or is uncertain or contingent, or if the ownership of the inheritance depends upon an executory devise, or the remainder is a contingent remainder, so that the parties cannot be named, that fact shall be set forth in the complaint.

�� 105.220 Tenants and lien creditors as defendants; liens on undivided interests. The plaintiff shall make a tenant in dower, by the curtesy, for life or for years of any portion of the entire property and creditors having a lien upon any portion of the property defendants in the suit. When the lien is upon an undivided interest or estate of any of the parties and a partition is made, it is thenceforth a lien only upon the share assigned to such party; but such share shall be first charged with its just proportion of the cost of the partition in preference to such lien.

�� 105.225 Summons; to whom directed. The summons shall be directed by name to all the tenants in common who are known, to all lien creditors who are made parties to the suit and generally to all persons unknown having or claiming an interest or estate in the property.

�� 105.230 Service by publication. If a party having a share or interest in or lien upon the property is unknown or cannot be found, and such fact is made to appear by affidavit, the summons may be served on the unknown or unlocated party by publication, directed by the court or judge, as in ordinary cases. When service of the summons is made by publication it must be accompanied by a brief description of the property which is the subject of the suit. [Amended by 1979 c.284 �95]

�� 105.235 Answer. The defendant shall set forth in the answer the nature and extent of the interest of the defendant in the property. If the defendant is a lien creditor the defendant shall set forth how the lien was created, the amount of the debt secured thereby and remaining due, and whether such debt is secured in any other way, and if so, the nature of the other security.

�� 105.240 Rights determinable; ascertainment of title where defendant defaults or sale is necessary. The rights of the plaintiffs and defendants may be put in issue, tried and determined in the suit. If a defendant fails to answer, or if a sale of the property is necessary, the title shall be ascertained by proof to the satisfaction of the court before the judgment for partition or sale is given. [Amended by 2003 c.576 �361]

�� 105.245 Sale or partition ordered by court. If it is alleged in the complaint and established by evidence, or if it appears by the evidence to the satisfaction of the court without an allegation in the complaint, that the property or any part of it is so situated that partition cannot be made without great prejudice to the owners, the court may order a sale of the property, and for that purpose may appoint one or more referees. Otherwise, upon the requisite proofs being made, it shall enter a judgment requiring a partition according to the respective rights of the parties, as ascertained by the court. The court shall appoint three referees to partition the property and shall designate the portion to remain undivided for the owners whose interest remain unknown or not ascertained. [Amended by 2003 c.576 �362]

�� 105.250 Compensation when partition cannot be made without prejudice to party�s interest. When it appears that partition cannot be made without prejudice to the rights and interests of some of the parties, the court may adjudge compensation to be made by one party to another on account of the inequality of partition. Compensation shall not be required to be paid to others by owners unknown, nor by infants unless it appears that an infant has personal property sufficient for that purpose, and that the interest of the infant will be promoted thereby.

�� 105.255 How referees make partition; report. In making the partition the referees shall divide the property and allot the several portions thereof to the respective parties, quality and quantity relatively considered, according to the respective rights of the parties as determined by the court. They shall designate the several portions by proper landmarks, and may employ a surveyor with the necessary assistants to aid them. The referees shall make a report of their proceedings, specifying therein the manner of executing their trust and describing the property divided and the shares allotted to each party with a particular description of each share.

�� 105.260 Power of court over report; final judgment. The court may confirm or set aside the report in whole or in part and if necessary appoint new referees. Upon the report being confirmed, a judgment shall be given stating that the partition shall be effectual forever. Except as provided in ORS 105.265, the judgment is binding and conclusive:

�� (1) On all parties named therein, and their legal representatives, who have at the time any interest in any part of the property divided as owners in fee or as tenants for life or for years.

�� (2) On all parties named therein, and their legal representatives, entitled to the reversion, remainder or inheritance of the property or any part thereof after the termination of a particular estate therein, or who by any contingency may be entitled to a beneficial interest in the property.

�� (3) On all parties named therein, or their legal representatives, who have an interest in any undivided share of the property as tenants for years or for life.

�� (4) On all persons interested in the property who are unknown, to whom notice was given of the application for partition by publication, as directed by ORS 105.230.

�� (5) On all persons claiming from parties or persons listed in subsections (1) to (4) of this section. [Amended by 2003 c.576 �363]

�� 105.265 Persons not affected by judgment. The judgment provided for in ORS 105.260 shall not affect tenants for years or for life of the whole of the property which is the subject of partition. Except as provided in ORS 105.260, the judgment and partition shall not preclude any person from claiming title to the property in question, or from controverting the title of the parties between whom the partition was made. [Amended by 2003 c.576 �364]

�� 105.270 Order of sale on referees� report. If the referees report to the court that the property to be partitioned, or any separate portion thereof, is so situated that a partition thereof cannot be made without great prejudice to the owners, and the court is satisfied that the report is correct, it may, by an order, direct the referees to sell the property or separate portion thereof so situated. [Amended by 2003 c.576 �365]

�� 105.275 Conclusiveness of order confirming report. If the report of the referee is confirmed the order of confirmation is binding and conclusive upon all parties to the suit.

�� 105.280 How sale made; notice of sale. All sales of real property made by the referees shall be made by public auction to the highest bidder in the manner required for the sale of real property on execution. The notice shall state the terms of sale. If the property or any part of it is to be sold subject to a prior estate, charge or lien, that fact shall be stated in the notice.

�� 105.285 Distribution of proceeds of sale. The proceeds of the sale of encumbered property shall be distributed by the judgment of the court as follows:

�� (1) To pay the property�s just proportion of the general costs of the suit.

�� (2) To pay the costs of the reference.

�� (3) To satisfy the several liens in their order of priority, by payment of the sums due and to become due, according to the judgment.

�� (4) The residue among the owners of the property sold, according to their respective shares. [Amended by 2003 c.576 �366]

�� 105.290 Distribution of proceeds by referee or payment into court. The proceeds of sale and the securities taken by the referees, or any part thereof, shall be distributed by them to the persons entitled thereto whenever the court so directs. If no such direction is given, all proceeds and securities shall be paid into court or deposited as directed by the court.

�� 105.295 Continuance of suit after proceeds paid into court. When the proceeds of sales of any shares or parcel belonging to known persons who are parties to the suit are paid into court, the suit may be continued as between such parties for the determination by the court of their respective claims thereto. Further testimony may be taken in court, or by a referee, at the discretion of the court, and the court may, if necessary, require the parties to present the facts or law in controversy by pleadings as in an original suit.

�� 105.300 When lienholder has other securities. Whenever any party to the suit, who holds a lien upon any part of the property has other securities for the payment of the amount of the lien, the court may, in its discretion, order the securities to be exhausted before a distribution of the proceeds of sale, or may order a just deduction to be made from the amount of the lien on the property.

�� 105.305 Credit allowed. The court shall, in the order of sale, direct the terms of credit which may be allowed for the purchase money of any portion of the premises which it may direct to be sold on credit; and for that portion of which the purchase money is required by ORS 105.370 to be invested for the benefit of unknown owners, infants or parties out of the state. The referees may take separate mortgages and other securities for the whole or convenient portions of the purchase money of such parts of the property as are directed by the court to be sold on credit, in the name of the clerk of the court and the clerk�s successor in office. When there is a known owner of full age, the security for the share of the owner shall be executed in the name of the owner.

�� 105.310 Setting off estate for life or years in part not sold. When only a part of the property is ordered to be sold, the whole of an estate for life or years in an undivided share of the property may be set off in any part of the property not ordered to be sold.

�� 105.315 Disposition of life estate or leasehold. When the estate of any tenant for life or years in any undivided part of the property in question was admitted by the parties or ascertained by the court to be existing at the time of the order of sale, and the person entitled to such estate was made a party to the suit, the estate may be first set off out of any part of the property and a sale made of such parcel subject to the tenants prior unsold estate; but if in the judgment of the court a due regard to the interest of all the parties requires that such estate should also be sold, the sale of the estate may be ordered.

�� 105.320 Compensation of tenants in case of sale. Any person entitled to an estate for life or years in any undivided part of the property, whose estate has been sold, shall be entitled to receive such sum in gross as is, deemed, upon principles of law applicable to annuities, a reasonable satisfaction for the estate. If the person so entitled consents to that sum, the person shall accept it by executing an instrument that is duly acknowledged or proved in the same manner as deeds for the purpose of record, and filed with the clerk.

�� 105.325 When court determines value of tenancy. If a tenant does not consent pursuant to ORS 105.320, before the report of sale, the court shall ascertain and determine what proportion of the proceeds of the sale, after deducting expenses, will be a just and reasonable sum to be invested for the tenant�s benefit, and shall order that sum to be deposited in court for that purpose.

�� 105.330 Rules for determining value of certain estates. The proportion of the proceeds of the sale to be invested, as provided in ORS 105.325, shall be ascertained and determined as follows:

�� (1) If an estate in dower or curtesy is included in the order of sale its proportion shall be one-half of the proceeds of the sale of the property, or of the sale of the undivided share in the property upon which the claim or dower existed.

�� (2) If any other estate for life or years is included in the order of sale its proportion shall be the whole proceeds of the sale of the property, or of the sale of an undivided share of the property in which the estate existed.

�� 105.335 Protection of unknown tenants. If any person entitled to an estate for life or years is unknown, the court shall provide for the protection of the rights of the person in the same manner, as far as possible, as if the person were known and had appeared.

�� 105.340 Provision for future rights or interests. In all cases of sales in partition when it appears that any person has a vested or contingent future right or estate in any of the property sold, the court shall ascertain and settle the proportional value of the contingent or vested right or estate according to the principles of law applicable to annuities and survivorship, and shall direct such proportion of the proceeds of sale to be invested, secured or paid over in such manner as to protect the rights and interests of the parties. [Amended by 1969 c.591 �282]

�� 105.345 Notice of terms of sale; separate sale of distinct parcels. In all cases of sales of property, the terms shall be known at the time. If the premises consist of distinct farms or lots they shall be sold separately, or otherwise if the court so directs.

�� 105.350 Purchase by referee, conservator or guardian forbidden. Neither of the referees, nor any person for the benefit of either of them, shall be interested in any purchase at a partition sale; nor shall the guardian or conservator of the estate of an infant party be interested in the purchase of any real property that is the subject of the suit, except for the benefit of the infant. All sales contrary to the provisions of this section are void. [Amended by 1973 c.823 �99]

�� 105.355 Report of sale. After completing the sale the referees shall report it to the court with the description of the different parcels of land sold to each purchaser, the name of the purchaser, the price paid or secured, the terms and conditions of the sale and the securities, if any, taken. The report shall be filed with the clerk.

�� 105.360 Exception to report; confirmation of sale; order of confirmation. The report of sale may be excepted to by any party entitled to a share of the proceeds in like manner and with like effect as in ordinary cases. If the sale is confirmed the order of confirmation shall direct the referees to execute conveyances and take securities pursuant to the sale, which acts they are hereby authorized to do. The order shall discharge the property of the estate or interest of every person mentioned in ORS 105.260 and of tenants for life or years of the property sold. The order shall be binding and conclusive upon all such persons as if it were a judgment for the partition of such property and except as provided in ORS 105.350, upon all persons whomsoever as to the regularity of the proceedings concerning such sale. [Amended by 2003 c.576 �367]

�� 105.365 Purchase by encumbrancer or party entitled to share. When a party entitled to a share of the property, or an encumbrancer entitled to have the lien of the encumbrancer paid out of the sale, becomes a purchaser, the referees may take a receipt for so much of the proceeds of the sale as belongs to the party or the encumbrancer.

�� 105.370 Investment of proceeds for certain parties. When there are proceeds of sale belonging to an unknown owner, or to a person without the state who has no legal representative within it, or when there are proceeds arising from the sale of an estate subject to the prior estate of a tenant for life or years, which are paid into court or otherwise deposited by order of the court, such proceeds shall be invested in securities on interest for the benefit of the persons entitled thereto.

�� 105.375 In whose name securities taken or investments made. Except as provided in ORS 105.380, security for the proceeds of sale shall be taken or investments of the proceeds shall be made in the name of the clerk of the court and the clerk�s successors in office, who shall hold the same for the use and benefit of the parties interested, subject to the order of the court.

�� 105.380 When securities are payable to parties. When security is taken by the referees on a sale, and the parties interested in the security, by an instrument in writing under their hands delivered to the referees, agree upon the shares and proportions to which they are entitled, or when shares and proportions have been previously adjudged by the court, the securities shall be taken in the names of and payable to the parties entitled thereto, and shall be delivered to such parties upon their receipt therefor. Such agreement and receipt shall be returned and filed with the clerk.

�� 105.385 Clerk�s treatment of securities and investments. The clerk in whose name a security is taken or by whom an investment is made, and the clerk�s successors in office, shall receive the interest and principal as it becomes due and apply and invest it as the court may direct. The clerk shall file in the office of the clerk all securities taken, and keep an account in a book provided and kept for that purpose in the office, free for inspection by all persons, of investments and moneys received and disposed of by the clerk.

�� 105.390 When proceeds paid to conservator or guardian of infant. When the share of an infant is sold, the proceeds of the sale may be paid by the referees making the sale to the guardian of the infant, the conservator of the estate of the infant or the special guardian appointed for the infant in the suit, upon the guardian or conservator giving the security required by law or ordered by the court. [Amended by 1973 c.823 �100]

�� 105.395 Payment of proceeds to conservator of incapacitated person. When the interest in real property of an incapacitated person has been sold, the share of the incapacitated person of the proceeds shall be given, on the behalf of the incapacitated person, to the conservator of the estate of the incapacitated person if the conservator executes, with sufficient sureties, an undertaking approved by the judge of the court, that the conservator will faithfully discharge the trust reposed in the conservator and will render a true and just account to the person entitled to the proceeds or to the legal representative of the person. [Amended by 1973 c.823 �101]

�� 105.400 When conservator or guardian may consent to partition. When an infant or an incapacitated person is interested in real estate held in common or in any other manner so as to authorize the infant or incapacitated person being made a party to an action for the partition thereof, the guardian of the infant or incapacitated person or the conservator of the estate of the infant or incapacitated person may consent to a partition without suit and agree upon the share to be set off to the infant or incapacitated person. When the court so orders, the guardian or conservator may execute a release on behalf of the infant or other incapacitated person to the owners of the other shares of the parts to which they are respectively entitled. [Amended by 1973 c.823 �102; 1987 c.158 �17]

�� 105.405 Costs and expenses of partition. (1) The expenses of the referees, including those of a surveyor and assistants of the surveyor when employed, shall be ascertained and allowed by the court, and the amount thereof, together with the fees allowed by law to the referees, shall be paid by the plaintiff, and may be allowed as part of the costs of partition.

�� (2) The reasonable costs of partition, including reasonable attorney fees and disbursements, that are for services performed for the common benefit of all parties, shall be paid by the parties that will share in the lands divided in proportion to their respective interests therein, and shall be included and specified in the judgment. They shall be a lien on the several shares, and the judgment may be enforced by execution against the parties separately. When, however, a controversy arises between some of the parties only, the court may require the expense of such controversy to be paid by any of, or all, the parties thereto. [Amended by 1971 c.502 �1; 2003 c.576 �368]

HOUSING RECEIVERSHIP

�� 105.420 Findings; policy. (1) The Legislative Assembly recognizes that there exists residential property in this state that is insanitary and unsafe and that many citizens, especially those with lower incomes, are forced to live in and occupy these properties.

�� (2) The Legislative Assembly further recognizes that there are residential properties in this state that have not been maintained in compliance with basic sanitary and habitability standards and which have become abandoned. These conditions contribute to the spread of disease and criminal activity, create urban blight and community deterioration, adversely affect the state�s economic and social viability and otherwise detrimentally impact the public�s health, safety and welfare.

�� (3) In order to correct these conditions, it is necessary to revitalize these residential properties and thus add to the overall housing stock of this state. The Legislative Assembly deems it necessary to authorize county and municipal governments to adopt and implement receivership programs to allow for the upgrading of substandard and abandoned residential properties. [1989 c.649 �2]

�� 105.425 Definitions for ORS 105.420 to 105.455. As used in ORS 105.420 to 105.455:

�� (1) �Abatement� means the removal or correction, including by demolition, of any condition at a property that violates the provisions of any duly enacted building or housing code or the making of other improvements or corrections needed to rehabilitate the property or structure, but does not include the closing or physical securing of the structure.

�� (2) �Building code� or �housing code� means any law, ordinance or governmental regulation concerning habitability or the construction, maintenance, operation, occupancy, use or appearance of any property.

�� (3) �Interested party� means any person or entity that possesses any legal or equitable interest of record in the property, including the owner, the holder of any lien or encumbrance of record on the property and any person who must or may be made a defendant in a foreclosure suit under ORS 88.030.

�� (4) �Property� means real property and all improvements thereon including edifices, structures, buildings, unit or part thereof used or intended to be used for residential purposes including single-family, duplex, multifamily structures and mixed-use structures which have one or more residential units. [1989 c.649 �3; 2019 c.191 �1]

�� 105.430 Receivership for buildings that constitute threat to public health, safety or welfare; procedure. (1) If residential property is in violation of building or housing codes such that the city or county believes it constitutes a threat to the public health, safety or welfare, the city or county, in addition to any other remedies available, may apply to the circuit court of the county in which the property is located for the appointment of a receiver to perform an abatement.

�� (2) No less than 60 days prior to the filing of a petition for appointment of a receiver, the city or county shall give written notice by regular mail to all interested parties of the following:

�� (a) The identity of the property;

�� (b) The violations of the building or housing codes giving rise to the need for the receiver;

�� (c) The name, address and telephone number of the person or department where additional information can be obtained concerning violations and their remedy; and

�� (d) That the city or county may petition the court for the appointment of a receiver pursuant to ORS 105.420 to 105.455 unless action is taken within 60 days by an interested party.

�� (3) A city or county may not file a petition for the appointment of a receiver if:

�� (a) Probate proceedings have been commenced under ORS chapter 112 and are currently pending in the county of the property for an owner of the property, unless authorized by an order of the probate court.

�� (b) An interested party has commenced and is timely prosecuting an action or other judicial or nonjudicial proceeding to foreclose a security interest on the property, or to obtain specific performance or forfeiture of the purchaser�s interest under a land sale contract.

�� (4) The petition for the appointment of a receiver pursuant to ORS 105.420 to 105.455 must be served on all interested parties in the manner provided by ORCP 7 D.

�� (5) If, following the filing of a petition for appointment of a receiver, an interested party intends to correct the conditions at the property giving rise to the petition for the appointment of a receiver or initiate a proceeding described in subsection (3) of this section, the court may stay the matter and order the party to post security in an amount the court deems appropriate to insure timely performance and other conditions the court deems appropriate to effect the timely completion of the corrections or proceeding.

�� (6) The court shall appoint a receiver under ORS 105.420 to 105.455 if the court finds that the city or county has complied with this section and that the property is a threat to public health, safety or welfare and:

�� (a) No interested party appears within 30 days after service;

�� (b) An interested party fails to comply with an order under subsection (5) of this section; or

�� (c) If the matter has not been stayed under subsection (5) of this section, upon a hearing that shall be held no later than 30 days after requested by the city or county.

�� (7) A receiver may be any one of the following:

�� (a) A housing authority organized under the terms of ORS 456.055 to 456.235;

�� (b) An urban renewal agency organized under the terms of ORS 457.035 to 457.320;

�� (c) A private not-for-profit corporation, the primary purpose of which is the improvement of housing conditions within the city or county; or

�� (d) A city or county agency, bureau or similar subdivision designated by the city or county as being responsible for the rehabilitation of property.

�� (8) A receiver appointed by the court pursuant to ORS 105.420 to 105.455 may not be required to give security or bond of any sort prior to appointment.

�� (9) In lieu of the appointment of a receiver under subsection (6) of this section, upon the motion of city or county the court shall enter a general judgment in favor of the city or county against the real property in the amount of the estimated costs of abatement if:

�� (a) The court finds the city or county has complied with the requirements of this section;

�� (b) The court finds the property is in an unsafe or insanitary condition;

�� (c)(A) No interested party appears within 30 days after service; or

�� (B) An interested party fails to comply with an order under subsection (5) of this section;

�� (d) The city or county has proven by evidence in the record that the reasonably estimated cost of abatement exceeds 25 percent of the property�s real market value, as shown on the property�s most recent tax records;

�� (e) The property is not currently occupied as a dwelling; and

�� (f) The motion for judgment has been served by the city or county on all interested parties, including interested parties in default, in the manner provided for by ORCP 9 C, no less than 30 days prior to the motion.

�� (10) A judgment given under subsection (9) of this section shall have the priority of a lien created under ORS 105.440 (2) as provided in ORS 105.445. [1989 c.649 �4; 1995 c.79 �34; 2019 c.191 �2]

�� 105.435 Authority of receiver; financing agreements; fee; abatement work exempt from public contracting law. (1) A receiver appointed by the court pursuant to ORS 105.420 to 105.455 may, unless specifically limited by the court:

�� (a) Take possession and control of the property, including the right to enter, modify and terminate tenancies pursuant to ORS 105.100 to 105.168, to charge and collect rents and to apply rents to the costs incurred due to the abatement and receivership;

�� (b) Negotiate contracts and pay all expenses associated with the operation and conservation of the property, including all utility, fuel, custodial, repair or insurance costs;

�� (c) Pay all accrued property taxes, penalties, assessments and other charges imposed on the property by a unit of government and any charge accruing during the pendency of the receivership;

�� (d) Dispose of any or all abandoned personal property found at the structure;

�� (e) Enter into contracts and pay for the performance of any work necessary to complete the abatement; and

�� (f) Under such terms and condition as a court allows, enter into financing agreements with public or private lenders and encumber the property to have moneys available to correct the conditions at the property giving rise to the abatement.

�� (2) A court may approve a charge of an administrative fee for a receiver at an hourly rate approved by the court or at a rate not to exceed 15 percent of the total cost of the abatement.

�� (3) All abatement work done under ORS 105.420 to 105.455 is exempt from the public contracting statutes set forth in ORS 279C.005, 279C.100 to 279C.125 and 279C.300 to

ORS 105.925

105.925 to 105.945 do not apply to data that is stored or transmitted pursuant to a subscription service agreement for the use of a recording device to record a history of where a motor vehicle travels or for the transmission of data to a central communications system. [2007 c.644 �6]

RULE AGAINST PERPETUITIES

�� 105.950 Statutory rule against perpetuities. (1) A nonvested property interest is invalid unless:

�� (a) When the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or

�� (b) The interest either vests or terminates within 90 years after its creation.

�� (2) A general power of appointment, not presently exercisable because of a condition precedent, is invalid unless:

�� (a) When the power is created, the condition precedent is certain to be satisfied or become impossible to satisfy no later than 21 years after the death of an individual then alive; or

�� (b) The condition precedent either is satisfied or becomes impossible to satisfy within 90 years after its creation.

�� (3) A nongeneral power of appointment or a general testamentary power of appointment is invalid unless:

�� (a) When the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than 21 years after the death of an individual then alive; or

�� (b) The power is irrevocably exercised or otherwise terminates within 90 years after its creation.

�� (4) In determining whether a nonvested property interest or a power of appointment is valid under subsection (1)(a), (2)(a) or (3)(a) of this section, the possibility that a child will be born to an individual after the individual�s death is disregarded.

�� (5) The language in a governing instrument is inoperative to the extent it produces a period of time that exceeds 21 years after the death of the survivor of the specified lives if, in measuring a period from the creation of a trust or other property arrangement, that language seeks:

�� (a) To disallow the vesting or termination of any interest or trust beyond the later of:

�� (A) The expiration of a period of time not exceeding 21 years after the death of the survivor of the specified lives in being at the creation of the trust or other property arrangement; or

�� (B) The expiration of a period of time that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement.

�� (b) To postpone the vesting or termination of any interest or trust until:

�� (A) The expiration of a period of time not exceeding 21 years after the death of the survivor of the specified lives in being at the creation of the trust or other property arrangement; or

�� (B) The expiration of a period of time that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement.

�� (c) To operate in effect in any similar fashion upon:

�� (A) The expiration of a period of time not exceeding 21 years after the death of the survivor of the specified lives in being at the creation of the trust or other property arrangement; or

�� (B) The expiration of a period of time that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement. [1989 c.208 �1; 1993 c.273 �1]

�� 105.955 When nonvested property interest or power of appointment created. (1) Except as provided in subsections (2) and (3) of this section and in ORS 105.970 (1), the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.

�� (2) For purposes of ORS 105.950 to 105.975, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of either a nonvested property interest or a property interest subject to a power of appointment described in ORS 105.950 (2) or (3), the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.

�� (3) For purposes of ORS 105.950 to 105.975, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created. [1989 c.208 �2]

�� 105.960 Reformation. Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor�s manifested plan of distribution and is within the 90 years allowed by ORS 105.950 (1)(b), (2)(b) and (3)(b) if:

�� (1) A nonvested property interest or a power of appointment becomes invalid under ORS 105.950, statutory rule against perpetuities;

�� (2) A class gift is not but might become invalid under ORS 105.950, statutory rule against perpetuities, and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or

�� (3) A nonvested property interest that is not validated by ORS 105.950 (1)(a) can vest but not within 90 years after its creation. [1989 c.208 �3]

�� 105.965 Exclusions from statutory rule against perpetuities. ORS 105.950, statutory rule against perpetuities, does not apply to:

�� (1) A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of:

�� (a) A premarital or postmarital agreement;

�� (b) A separation or divorce settlement;

�� (c) A spouse�s election;

�� (d) A similar arrangement arising out of a prospective existing or previous marital relationship between the parties;

�� (e) A contract to make or not to revoke a will or trust;

�� (f) A contract to exercise or not to exercise a power of appointment;

�� (g) A transfer in satisfaction of a duty of support; or

�� (h) A reciprocal transfer;

�� (2) A fiduciary�s power relating to the administration or management of assets, including the power of a fiduciary to sell, lease or mortgage property, and the power of a fiduciary to determine principal and income;

�� (3) A power to appoint a fiduciary;

�� (4) A discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal;

�� (5) A nonvested property interest held by a charity, government or governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government or governmental agency or subdivision;

�� (6) A nonvested property interest in or a power of appointment with respect to a trust or other property arrangement forming part of a pension, profit sharing, stock bonus, health, disability, death benefit, income deferral or other current or deferred benefit plan for one or more employees, independent contractors or their beneficiaries or spouses, to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries or spouses the property, income or principal in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse;

�� (7) A property interest, power of appointment or arrangement that was not subject to the common-law rule against perpetuities or is excluded by another statute of this state; or

�� (8) A stewardship trust created pursuant to ORS 130.193 if the terms of the trust clearly elect that the statutory rule against perpetuities not apply to the trust and include a reference to this subsection. [1989 c.208 �4; 2019 c.162 �6]

�� 105.970 Prospective application. (1) Except as extended by subsection (2) of this section, ORS 105.950 to

ORS 107.500

107.500. The petition shall be signed by the petitioner and shall state that as of the date of the filing of the petition each and every condition set forth in ORS 107.485 has been met. The court, upon its own motion, may require a showing by appearance or affidavit of the petitioner.

�� (2) The petitioner shall serve the respondent with a summons and a true copy of the petition in the manner provided in ORCP 7 D and E. Service must be proved as required in ORCP 7 F.

�� (3) Within 30 days after the date on which the respondent is served with the summons or, if service is made by publication or posting under ORCP 7 D(6), within 30 days from the date of last publication or posting, the respondent shall file with the court a written answer to the petition or a motion, along with the required filing fee, and proof of service of the answer or motion on the petitioner.

�� (4) If the respondent fails to file a written answer or motion as required by this section or fails to appear for a hearing in the proceeding, the court may find the respondent in default, enter a judgment of summary dissolution and award costs to the petitioner or the state if fees and costs were waived or deferred. [1983 c.692 �2; 2007 c.11 �4]

�� 107.500 Forms. (1) The State Court Administrator shall prescribe the content of forms for use under ORS 107.485 and 107.490, including forms related to the waiver or deferral of fees and court costs under ORS 21.680 to 21.698, and an instructional brochure describing the procedures set forth in ORS 107.485 and 107.490.

�� (2) Each circuit court shall make available the appropriate forms and the instructional brochure described in subsection (1) of this section. [1983 c.692 �3; 1985 c.610 �13; 1993 c.448 �5; 1995 c.637 �11; 1995 c.666 �18; 1999 c.738 �6; 2003 c.264 �6; 2003 c.380 �4; 2003 c.576 �129; 2007 c.11 �5; 2007 c.493 �18c]

CONCILIATION SERVICES

�� 107.510 Definitions for ORS 107.510 to 107.610. As used in ORS 107.510 to 107.610:

�� (1) �Conciliation jurisdiction� means domestic relations conciliation jurisdiction and authority exercised under ORS 107.510 to 107.610 by a circuit court in any controversy existing between spouses which may, unless a reconciliation or a settlement of the controversy is effected, result in the dissolution or annulment of the marriage or in disruption of the household.

�� (2) �Conciliation services� means domestic relations counseling and related services obtained by a circuit court exercising conciliation jurisdiction and used by the court in exercising that jurisdiction.

�� (3) �Domestic relations suit� means suit for dissolution of the marriage contract, annulment of the marriage or separation.

�� (4) �Separation� means separation from bed and board and separate maintenance. [1963 c.434 �1; 1971 c.280 �24; 1973 c.502 �13; 1999 c.59 �21; 2001 c.104 �33]

�� 107.520 Establishment of conciliation jurisdiction. The circuit court for any county or the circuit courts of more than one county comprising a judicial district after making a determination that the social conditions of the county or district make it desirable to establish conciliation services for the full and proper consideration of domestic relations suits filed in such county or district may exercise conciliation jurisdiction and obtain, use and provide conciliation services under ORS 107.510 to 107.610. After conciliation jurisdiction has been established the circuit court or courts of such county or district may at any time determine that the need for such service does not warrant its continuance and terminate the same. [1963 c.434 �2; 1965 c.625 �1; 1971 c.280 �25; 1999 c.59 �22]

�� 107.530 Source of conciliation services; county to pay expenses. (1) A circuit court or the circuit courts of a judicial district exercising conciliation jurisdiction may obtain conciliation services, with the prior approval of the governing body of each county involved, by:

�� (a) Employing or contracting for counselors and other personnel; or

�� (b) Contracting or entering into agreements with public or private agencies to provide conciliation services to the court or courts.

�� (2) Subject to the provisions of the Local Budget Law, the compensation and expenses of personnel performing conciliation services for the circuit court or courts and other expenses of providing conciliation services may be paid by the county or as may be agreed upon between the counties involved. Personnel performing conciliation services are not state employees, and their compensation and expenses shall not be paid by the state. [1963 c.434 �3; 1965 c.625 �2; 1981 s.s. c.3 �35]

�� 107.540 Conciliation jurisdiction by court; effect. Whenever any domestic relations suit is commenced in a circuit court exercising conciliation jurisdiction and providing conciliation services, the court may, in its discretion, exercise conciliation jurisdiction over the controversy and over the parties thereto and all persons having any relation to the controversy. If, within 45 days after the court commences to exercise conciliation jurisdiction, a reconciliation or a settlement of the controversy has not been effected, the domestic relations suit shall proceed as if the court had not exercised conciliation jurisdiction. [1963 c.434 �4; 1971 c.280 �26]

�� 107.550 Petition for conciliation jurisdiction; content; rules. (1) Whenever either spouse or both spouses file in a circuit court exercising conciliation jurisdiction and providing conciliation services a petition requesting the court to exercise conciliation jurisdiction with respect to a controversy existing between the spouses, the court shall exercise conciliation jurisdiction over the controversy and over the parties thereto and all persons having any relation to the controversy.

�� (2) The petition shall:

�� (a) Allege that a controversy exists between the spouses and request the aid of the court to effect a reconciliation or a settlement of the controversy;

�� (b) State the name, address and age of each spouse and the date and place of marriage;

�� (c) State the name, address and age of each minor child of the spouses or either spouse;

�� (d) State, if known, whether a domestic relations suit involving the same marriage is pending in any other court in this or any other state; and

�� (e) State such other information as the court, by rule, may require.

�� (3) No fee shall be charged for filing the petition. [1963 c.434 �5; 1965 c.625 �3]

�� 107.560 Effect of petition; waiver. (1) A petition may be filed under ORS 107.550 whether or not a domestic relations suit in which the spouses are parties has been commenced. Except as provided in subsection (2) of this section, when a petition for conciliation jurisdiction is filed no trial or hearing on the merits of a domestic relations suit between the parties shall be had until after the expiration of 45 days from the filing of the petition; provided, however, that during this period the court may use its full equity powers to protect and preserve the rights of the spouses.

�� (2) The court may, in its discretion, waive the 45-day period as prescribed by subsection (1) of this section upon stipulation of the parties or upon written motion supported by affidavit setting forth facts which satisfy the court that such waiver is warranted. [1963 c.434 �6; 1965 c.625 �4; 1975 c.228 �1; 2011 c.114 �2]

�� 107.570 Notice; attendance at hearings. When a circuit court undertakes to exercise conciliation jurisdiction pursuant to ORS 107.540 or 107.550, it shall refer the matter to the conciliation services provided by the court. The court shall cause notice to be given to the spouses of the undertaking to exercise conciliation jurisdiction and the authority therefor, whether under ORS 107.540 or 107.550, and of the time and place of any hearing, conference or other proceeding scheduled pursuant to the exercise of conciliation jurisdiction. The court may require the attendance of the spouses and of witnesses as in other civil cases. [1963 c.434 �7]

�� 107.580 Restriction of services; priority when children involved; rules. Whenever a circuit court determines that the conciliation services provided by it are not adequate for the proper disposition of all matters that may be referred to the services under ORS 107.570, the court, by rule, may restrict the services provided, but shall give priority to controversies in which the spouses have children under 15 years of age whose welfare is involved in the outcome of the controversy. [1963 c.434 �8]

�� 107.590 Court orders; reconciliation agreements. (1) A circuit court undertaking to exercise conciliation jurisdiction pursuant to ORS 107.540 or 107.550, with the consent of the spouses, may make orders with respect to the conduct of the spouses and with respect to the subject of the controversy as it considers necessary to preserve the marriage or to implement the reconciliation of the spouses; but an order shall not be effective for more than 60 days unless the spouses consent to a continuance of the order.

�� (2) Any reconciliation agreement between the spouses may be reduced to writing, and, with the consent of the spouses, the court may make an order requiring the spouses to comply fully with the agreement.

�� (3) The court may at any time terminate or modify any order previously made. [1963 c.434 �9; 1965 c.625 �5]

�� 107.600 Privacy of proceedings; confidentiality of communications; records. (1) All hearings, conferences and other proceedings held pursuant to circuit court exercise of conciliation jurisdiction pursuant to ORS 107.540 or 107.550 shall be held in private, and all persons other than officers of the court, conciliation services personnel, the spouses, their counsel and witnesses shall be excluded.

�� (2) All communications, verbal or written, between spouses and from spouses to counselors, the court, attorneys, doctors or others engaged in the conciliation proceedings, made in conciliation conferences, hearings and other proceedings had pursuant to the exercise of the court�s conciliation jurisdiction shall be confidential. A spouse or any other individual engaged in conciliation proceedings shall not be examined in any civil or criminal action as to such communications. Exceptions to testimonial privilege otherwise applicable under ORS 40.225 to 40.295 do not apply to communications made confidential under this subsection.

�� (3) All records of the court with respect to exercise of conciliation jurisdiction shall be closed. However, any petition filed under ORS 107.550, any written reconciliation agreement between the spouses and any court order made in the matter may be opened to inspection by either spouse or counsel upon written authorization by a judge of the court. [1963 c.434 �10; 1965 c.625 �6; 1981 c.892 �88]

�� 107.610 Qualifications of conciliation counselors. Persons performing conciliation services under ORS

ORS 107.610

107.610;

�� (b) Contracting or entering into agreements with public or private agencies to provide mediation services to the court; or

�� (c) Employing or contracting for mediators directly.

�� (2) Personnel performing mediation services for the circuit court shall have the minimum educational and experience qualifications established by rules adopted under ORS 1.002.

�� (3) Subject to the provisions of the Local Budget Law, the compensation and expenses of personnel performing mediation services for the circuit court and other expenses of mediation services provided by the court shall be paid by the county or as may be agreed upon by the counties involved. Personnel performing mediation services are not state employees, and their compensation and expenses shall not be paid by the state.

�� (4) The parties to a child custody, parenting time or visitation dispute that is referred by the circuit court to mediation may use, at their option and expense, mediation services other than those provided by the court.

�� (5) Two or more counties may join together to provide services under ORS 107.510 to 107.610 and

ORS 109.502

109.502; and

�� (2) By the department, an Oregon licensed adoption agency or a third party individual or entity only to those persons the department, an Oregon licensed adoption agency or a third party individual or entity identifies and locates as the result of a search under ORS 109.502 and who express a wish to receive information. [1993 c.410 �6; 1995 c.730 �14; 2015 c.200 �13]

�� Note: See note under 109.425.

�� 109.506 Rulemaking; fees. The Department of Human Services by rule shall establish:

�� (1) Eligibility standards for Oregon licensed adoption agencies and third party individuals and entities that contract with the department or with an Oregon licensed adoption agency to conduct searches under ORS 109.502;

�� (2) Standards of conduct for Oregon licensed adoption agencies and third party individuals and entities that contract with the department or with an Oregon licensed adoption agency to conduct searches under ORS 109.502;

�� (3) Contracting procedures for Oregon licensed adoption agencies and third party individuals and entities that contract to conduct searches under ORS 109.502;

�� (4) Search procedures to be followed by Oregon licensed adoption agencies and third party individuals and entities that conduct searches under ORS 109.502; and

�� (5) Fees to be paid by persons requesting a search under ORS 109.502. Fees authorized under this section include:

�� (a) A fee to be paid to the department, an Oregon licensed adoption agency or a third party individual or entity to cover all costs incurred in the search; and

�� (b) A fee to be paid to the department, an Oregon licensed adoption agency or a third party individual or entity to cover the administrative costs incurred in administering the search program. [1993 c.410 �7; 1995 c.730 �15; 1999 c.650 �3; 2015 c.200 �14]

�� Note: See note under 109.425.

�� 109.507 Access to Department of Human Services records required; access to private agency records discretionary. (1) The Department of Human Services shall allow an Oregon licensed adoption agency or a third party individual or entity with whom the department or agency has contracted to examine confidential adoption records maintained by the department as part of a search conducted under ORS 109.502.

�� (2) A private adoption agency may allow the department, an Oregon licensed adoption agency or a third party individual or entity to examine confidential adoption records maintained by the agency as part of a search conducted under ORS 109.502. [1993 c.410 �8; 1995 c.730 �16; 2015 c.200 �15]

�� Note: See note under 109.425.

�� 109.510 [Amended by 1973 c.827 �14; 2005 c.22 �91; renumbered 109.621 in 2025]

DONOR REGISTRY

�� 109.518 Definitions for ORS 109.518 to 109.525. As used in ORS 109.518 to 109.525:

�� (1) �Assisted reproduction� has the meaning given that term in ORS 109.002.

�� (2) �Donor� has the meaning given that term in ORS 109.002.

�� (3) �Gametes� has the meaning given that term in ORS 109.002.

�� (4) �Identifying information� means:

�� (a) The full name of a donor;

�� (b) The date of birth of the donor; and

�� (c) The permanent and, if different, current address, telephone number and electronic mail address of the donor at the time of the donation.

�� (5) �Medical history� means information known to a donor at the time of collection regarding the donor�s genetic or family history and past or present medical conditions that a reasonable person would consider heritable or likely to affect the health or development of offspring as supported by peer-reviewed medical evidence. [2025 c.592 �84]

�� Note: Section 85, chapter 592, Oregon Laws 2025, provides: Sec. 85. Sections 84 to 88 of this 2025 Act [ORS

ORS 116.203

116.203, 652.405, 708A.430 or 723.466. [Formerly 273.470; 2019 c.678 �57]

�� 273.130 [Amended by 1967 c.421 �58; renumbered 273.290]

�� 273.131 Compromise or release of claims. The Department of State Lands may, whenever in its judgment such course is to the best interest of the state, compromise, settle, release and discharge any mortgage, judgment or other claim in favor of the State of Oregon, and arising out of the sale or lease of property within the jurisdiction of the department, upon such terms as the department may direct. [Formerly 273.460]

(Cooperation With Other Agencies and Governmental Entities)

�� 273.135 Agreements with other agencies for special services; costs; interagency services. (1) The Department of State Lands may enter into written agreements with any governmental agency for the performance of specialized, technical, professional, administrative or other services and for the furnishing of facilities and materials to carry out provisions of law applicable to the department. The activities and programs performed under such agreements remain subject to supervision and control by the department.

�� (2) All expenses incurred by a governmental agency in performing services and furnishing facilities and materials under an agreement entered into pursuant to subsection (1) of this section shall be paid by the department to such performing agency in the manner other claims are paid. Payments by the department pursuant to this section and ORS 273.141 shall be made from moneys available to the department for the payment of its expenses. Before making any deposit to the credit of the Common School Fund, or any other fund or account managed by the department, the department may first deduct all expenses incurred pursuant to agreements entered into under this section and ORS 273.141.

�� (3) Any state agency authorized under ORS 283.110 to furnish services, facilities and materials to other state agencies may in like manner furnish such services, facilities and materials to the department under written agreement pursuant to this section. All moneys received by a state agency in payment for services, facilities and materials rendered under a written agreement with the department may be paid, deposited and credited in like manner as provided in ORS 283.110 (2), or credited to the account from which the cost of the services, facilities and materials was originally paid. [Formerly 273.585; 1995 c.589 �3]

�� 273.140 [Amended by 1967 c.421 �59; renumbered 273.295]

�� 273.141 Nature of services to be performed by certain other agencies. In order to provide the Department of State Lands with the specialized assistance necessary to its operations and the transaction of its business, and in addition to other agreements that may be entered into under ORS 273.135, the department may enter into written agreements with the state agencies designated in this section for the operation of programs and activities assigned to the department. Subject to final review and approval by the State Land Board:

�� (1) The State Forestry Department may perform the functions assigned by the board that relate to forest resources.

�� (2) The State Department of Geology and Mineral Industries may perform the functions of the Department of State Lands that relate to mineral resources.

�� (3) The Department of Veterans� Affairs may perform the functions of the Department of State Lands that relate to investment of funds in mortgages secured by real property.

�� (4) The Oregon Investment Council and the State Treasurer shall invest the funds administered by the Department of State Lands as provided under ORS 293.701 to 293.857.

�� (5) The State Department of Agriculture may perform the functions assigned by the board and the functions pertaining to management and regulation of grazing land and other agricultural lands. [Formerly 273.595; 1995 c.589 �4; 2003 c.253 �17; 2005 c.625 �62; 2019 c.678 �58]

�� 273.145 Department powers in exchanges, settlements and indemnifications. The Department of State Lands may enter into contracts with any person owning lands adapted to the purposes of ORS 273.316 to 273.345 and 273.511, for the subdivision, settlement and sale of all or any portion thereof, under the direction and supervision of the department and such conditions as may be agreed to. [Formerly 273.640; 1969 c.594 �15]

�� 273.150 [Amended by 1967 c.421 �60; renumbered 273.300]

�� 273.151 Cooperation with federal government. The Department of State Lands may cooperate with the federal government for the development, settlement, subdivision and disposition of lands belonging to the State of Oregon, or which otherwise may be made available for carrying out the purposes of ORS 273.316 to 273.345 and 273.511. In such cooperation, the department may provide the lands but the federal government shall provide the money necessary to meet the expenses of reclamation, subdivision, necessary improvement and equipment. [Formerly 273.740; 1969 c.594 �16]

�� 273.155 Cooperation of state and county agencies. The Department of State Lands, in carrying out its duties, may call upon all related state and county agencies, including public universities listed in ORS 352.002 and any state or county officers or public university employees through whom necessary information and aid may be received. Such agencies, officers and employees shall cooperate with the department without additional compensation. [Formerly 273.750; 1969 c.594 �17; 2011 c.637 �83; 2013 c.768 �120a; 2015 c.767 �73]

�� 273.160 [Amended by 1967 c.421 �61; 1967 c.616 ��14, 14a; renumbered 273.306]

(Director and Staff)

�� 273.161 Director of department; salary of director and staff. (1) The State Land Board shall appoint a Director of the Department of State Lands to serve for a term of four years, subject to removal at the discretion of the board.

�� (2) The director shall receive such salary as is fixed by the board. In addition to salary, subject to applicable law regulating travel and other expenses of state officers, the director shall be reimbursed for actual and necessary travel and other expenses incurred in the performance of official duties.

�� (3) The salaries and other expenses of the director and employees of the Department of State Lands shall be paid out of revenues accruing to the Common School Fund. [1967 c.616 �6; 2003 c.253 �3]

�� 273.165 Oath and bond of director. Before entering upon the duties of office, the Director of the Department of State Lands shall take an oath to perform faithfully the duties of the director. The director shall give to the state a fidelity bond, with one or more corporate sureties authorized to do business in this state, in a penal sum fixed by the State Land Board. The premium on the bond shall be paid from moneys available for the payment of expenses of the Department of State Lands. [1967 c.616 �7]

�� 273.170 [Renumbered 273.915]

�� 273.171 Duties and authority of director. (1) The Director of the Department of State Lands is chief executive officer of the Department of State Lands, and is responsible for the administration of the laws conferring powers or imposing duties upon the department, subject to specific policies formulated by the State Land Board and review of the actions of the director by the board.

�� (2) Under written policy directives adopted by the board and recorded in its minutes, the director has full authority with respect to the retention or disposition of all lands subject to the jurisdiction of the department, including but not limited to the management, sale, leasing, exchange or other conveyance of such lands. [1967 c.616 �8]

�� 273.175 Employees of department; compensation; fidelity bonds. Subject to any applicable provision of the State Personnel Relations Law:

�� (1) The Director of the Department of State Lands shall appoint and discharge such personnel as the director considers necessary for the efficient administration of the laws conferring powers or imposing duties upon the Department of State Lands. The director shall prescribe the authority, powers and duties of all employees of the department. Employees of the department are subject at all times to the direction, supervision and control of the director.

�� (2) Subject to the approval of the State Land Board, the director shall fix the compensation of the employees of the department.

�� (3) The director may require any employee of the department to give to the state a fidelity bond, with one or more corporate sureties authorized to do business in this state, in a penal sum fixed by the director. The premium on such a bond shall be paid from moneys available for the payment of expenses of the department. [1967 c.616 �10]

�� 273.180 [Amended by 1967 c.421 �89; renumbered 273.751]

�� 273.181 [1967 c.616 �11; repealed by 1975 c.605 �33]

�� 273.183 Authority of department to require fingerprints. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Department of State Lands may require the fingerprints of a person who:

�� (1)(a) Is employed or applying for employment by the department; or

�� (b) Provides services or seeks to provide services to the department as a contractor or volunteer; and

�� (2) Is, or will be, working or providing services in a position:

�� (a) In which the person has direct access to persons under 18 years of age, elderly persons or persons with disabilities;

�� (b) In which the person is providing information technology services and has control over, or access to, information technology systems that would allow the person to harm the information technology systems or the information contained in the systems;

�� (c) In which the person has access to information, the disclosure of which is prohibited by state or federal laws, rules or regulations or information that is defined as confidential under state or federal laws, rules or regulations;

�� (d) That has payroll functions or in which the person has responsibility for receiving, receipting or depositing money or negotiable instruments, for billing, collections or other financial transactions or for purchasing or selling property or has access to property held in trust or to private property in the temporary custody of the state;

�� (e) In which the person has access to personal information about employees or members of the public including Social Security numbers, dates of birth, driver license numbers, personal financial information or criminal background information;

�� (f) In which the person has access to tax or financial information of individuals or business entities;

�� (g) That involves the use, possession, issuance, transport, purchase, sale or forfeiture of firearms or munitions, access to firearms or munitions or the training of others in the use or handling of firearms; or

�� (h) In which the person provides security, design or construction services for government buildings, grounds or facilities. [2003 c.250 �2; 2005 c.730 �12; 2019 c.678 �59]

�� Note: 273.183 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 273 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 273.185 Director to investigate trespasses on state lands; appearance before federal agencies; expenses. (1) The Director of the Department of State Lands shall investigate all trespasses on and damage to state lands and prosecute the same. The director shall appear before appropriate agencies of the United States in all cases involving the title or claim of the state to its granted land or lands selected in lieu thereof.

�� (2) Expenses incurred under this section shall be paid out of the moneys available to the Department of State Lands for the payment of its expenses. [Formerly 273.530]

�� 273.190 [Amended by 1967 c.421 �90; renumbered 273.755]

STATE LAND MAINTENANCE AND SERVICES

�� 273.192 Removal of personal property; storage; disposal; notice; rules. (1) As used in this section:

�� (a) �Personal property� includes any item that is reasonably recognizable as belonging to an individual, including books, photographs, personal documents such as identification and Social Security cards, camping equipment, sleeping bags, blankets, bicycles and clothing.

�� (b) �Personal property� does not include items that the Department of State Lands determines are not in a sanitary condition or that lack any apparent value or utility.

�� (2) Notwithstanding ORS 98.302 to 98.436, and except as provided under ORS 274.376 to 274.388, the department may remove, store and dispose of personal property that the department has determined to have been left on state lands without authorization of the department or by law as provided under this section. The authority under this section is in addition to any other authority of the department.

�� (3) Prior to the removal of personal property, the department shall post written notice in the manner provided in this subsection. The written notice must:

�� (a) Be laminated or weather resistant.

�� (b) Be conspicuously posted and easily viewable from the site where the personal property to be removed is located.

�� (c) Include the following dates:

�� (A) The date the notice is posted;

�� (B) The date by which the property owner must remove the personal property; and

�� (C) The time frame within which the department may remove the personal property pursuant to subsection (4) of this section.

�� (d) Provide information about the storage of the personal property, including how long the department will store the personal property, and a telephone number at which the property owner can contact the department to claim and retrieve the personal property.

�� (e) Be written in both English and Spanish.

�� (4) No less than 24 hours and no more than 10 days after posting written notice under subsection (3) of this section, the department may remove personal property. If the written notice is removed during the posting period, the department may proceed with the removal of the personal property but shall replace the written notice at the site for the purpose of informing property owners about how to claim the personal property.

�� (5) The department shall store personal property removed under this section:

�� (a) In a manner that is reasonably likely to protect the personal property from harm;

�� (b) In a location that is reasonably secure; and

�� (c) In a location that is reasonably accessible to the site where the personal property was found.

�� (6) After storing personal property for 30 days, the department may donate or otherwise dispose of the personal property if it has not been claimed by the property owner. Any personal identification, as defined in ORS 165.800, including a Social Security or other identification card, must be destroyed at the end of the 30-day storage period.

�� (7) The department is not liable for any conversion of personal property removed, stored, returned, donated or disposed of under this section.

�� (8) The department may collect the costs of removing, storing, returning, donating or disposing of the personal property from the property owner.

�� (9) The department may immediately, and without providing notice, remove and dispose of property that:

�� (a) Is not personal property;

�� (b) Creates an exceptional emergency, including, but not limited to, possible site contamination by hazardous materials, a public health emergency or a situation where personal property may enter a waterway due to flooding or seasonal increases in water levels; or

�� (c) Presents an immediate danger to human life or safety.

�� (10) The department may adopt rules implementing this section. [2023 c.403 �2]

�� 273.195 [1981 c.787 �5; renumbered 270.020 in 1991]

�� 273.196 Agreements to provide maintenance of state lands; program; minimum requirements; rules. (1) The Department of State Lands shall create a program whereby the department may enter into agreements with volunteers, businesses and other agencies to allow those parties, on a voluntary basis, to assist in the operation of department programs and to assist in the maintenance of state lands administered by the department. The program shall:

�� (a) Focus primarily on encouraging and facilitating involvement of participants in the operation of department programs and maintenance of state lands administered by the department and in educational programs on behalf of the department;

�� (b) Offer opportunities for participants to assist in public information activities; and

�� (c) Include a recognition element to acknowledge the efforts of participants in the program.

�� (2) The department shall ensure that participants in the program obtain permission from landowners for access to private property if such access is necessary to perform activities under the program.

�� (3) An agreement entered into pursuant to subsection (1) of this section shall include, at a minimum:

�� (a) Identification of the state land where the participant intends to carry out voluntary activities.

�� (b) Specification of the duties of the participant.

�� (c) Specification of the responsibilities of the participant, including the responsibility to abide by the rules of the program as adopted by the State Land Board.

�� (d) The duration of the agreement.

�� (4) The department may provide supplies, equipment, safety information and assistance to the participants.

�� (5) The State Land Board may adopt any rules necessary for implementation of the program created under this section.

�� (6) Under the direction of the board, the Director of the Department of State Lands may encourage and render assistance in the promotion of training programs for volunteers, businesses and other agencies participating in the program created under this section.

�� (7) As used in this section, �volunteer� includes any person, group of individuals, volunteer group, service club or other entity that is tax exempt under section 501(c)(3) of the Internal Revenue Code. [2003 c.253 �28]

�� 273.197 Agreements to provide interpretive services. (1) In order to further the interpretive and educational functions of state lands in Oregon, the Director of the Department of State Lands may enter into an agreement with a private, nonprofit scientific, historic or educational organization organized solely for the purpose of providing interpretive services for state lands facilities in Oregon.

�� (2) An organization entering into an agreement with the director under subsection (1) of this section may:

�� (a) Provide educational or interpretive material for sale at state lands facilities;

�� (b) Acquire display materials and equipment for exhibits at state lands facilities;

�� (c) Provide support for interpretive or educational programs at state lands facilities;

�� (d) Provide support for state lands facility libraries; or

�� (e) Provide support for other interpretive projects related to a specific state lands facility.

�� (3) If the director enters into an agreement with an organization under subsection (1) of this section, the Department of State Lands may:

�� (a) Provide incidental personnel services for the organization�s interpretive program; and

�� (b) Provide space at a state lands facility for the display and sale of materials provided by the organization.

�� (4) Any money received from the sale of publications or other materials provided by an organization pursuant to an agreement entered into under this section shall be retained by the organization for use in the interpretive or educational services of the state lands facility for which the organization provides interpretive services.

�� (5) As used in this section, �state lands facility� includes a recreational, historical, educational, research or scenic attraction owned by or under the control of the State of Oregon and administered by the Department of State Lands. [2003 c.253 �29]

�� 273.199 Rules for agreements for interpretive services. The Department of State Lands shall adopt rules to carry out the purposes of ORS 273.197. The rules shall include:

�� (1) Procedures and forms to be used by an organization entering into an agreement with the Director of the Department of State Lands under ORS 273.197.

�� (2) Guidelines for approving the materials an organization proposes to provide or display at state lands facilities.

�� (3) Provisions for renewing or dissolving an agreement between an organization and the director. [2003 c.253 �30]

�� 273.200 [Amended by 1967 c.421 �91; renumbered 273.761]

�� 273.201 [Formerly 273.060; 1977 c.598 �28; 1981 c.33 �1; 1981 c.787 �45; 1987 c.426 �1; 1989 c.904 �53; repealed by 1991 c.816 �24]

�� 273.205 [Formerly 273.070; repealed by 1991 c.816 �24]

�� 273.210 [Renumbered 273.555 and then

ORS 125.155

125.155. [1999 c.775 �9; 2003 c.227 �1; 2013 c.688 �21]

FIDUCIARIES GENERALLY

�� 125.200 Preferences in appointing fiduciary. The court shall appoint the most suitable person who is willing to serve as fiduciary after giving consideration to the specific circumstances of the respondent, any stated desire of the respondent, the relationship by blood or marriage of the person nominated to be fiduciary to the respondent, any preference expressed by a parent of the respondent, the estate of the respondent and any impact on ease of administration that may result from the appointment. [1995 c.664 �19]

�� 125.205 Persons not qualified to act as fiduciary. (1) A person is not qualified to serve as a fiduciary if the person:

�� (a) Is incapacitated, financially incapable or a minor;

�� (b) Is acting as a health care provider, as defined in ORS 127.505, for the protected person; or

�� (c) Is the protected person�s parent or former guardian and:

�� (A) At any time while the protected person was under the care, custody or control of the person, a court entered an order:

�� (i) Taking the protected person into protective custody under ORS 419B.150; or

�� (ii) Committing the protected person to the legal custody of the Department of Human Services for care, placement and supervision under ORS 419B.337; and

�� (B) The court entered a subsequent order that:

�� (i) The protected person should be permanently removed from the person�s home, or continued in substitute care, because it was not safe for the protected person to be returned to the person�s home, and no subsequent order of the court was entered that permitted the protected person to return to the person�s home before the protected person�s wardship was terminated under ORS 419B.328; or

�� (ii) Terminated the person�s parental rights under ORS 419B.500 and 419B.502 to 419B.524.

�� (2) A protected person, while not incapacitated, may petition the court to remove a prohibition contained in subsection (1)(c) of this section. [1995 c.664 �20; 2011 c.194 �1]

�� 125.210 Circumstances requiring notice to court. (1)(a) A person nominated as a fiduciary shall inform the court of the circumstances of an event before the person is appointed if the person:

�� (A) Has been convicted of a crime;

�� (B) Has filed for or received protection under the bankruptcy laws;

�� (C) Has caused any loss resulting in a surcharge under ORS 125.025 (3)(e) or a similar statute of another jurisdiction;

�� (D) Has been removed as a fiduciary under ORS 125.225; or

�� (E) Has had a license revoked or canceled that was required by the laws of any state for the practice of a profession or occupation.

�� (b) If the person nominated as a fiduciary is also the petitioner, the information required by this subsection may be provided in the petition for appointment of a fiduciary in the manner specified by ORS 125.055.

�� (2) A person who is appointed as a fiduciary shall inform the court of the circumstances of an event immediately if the person:

�� (a) Is convicted of a crime;

�� (b) Files for or receives protection under the bankruptcy laws;

�� (c) Causes any loss resulting in a surcharge under ORS 125.025 (3)(e) or a similar statute of another jurisdiction;

�� (d) Is removed as a fiduciary under ORS 125.225; or

�� (e) Has a license revoked or canceled that is required by the laws of any state for the practice of a profession or occupation.

�� (3) A person who is required to give notice to the court under subsection (2) of this section shall also give notice to those persons listed in ORS 125.060 (3).

�� (4) The court may decline to appoint a person as a fiduciary, or may remove a person as a fiduciary, if the person fails to comply with the provisions of this section. [1995 c.664 �21; 2018 c.59 �3]

�� 125.215 Acceptance of appointment as fiduciary; notice of proceedings to fiduciary. (1) If the person filing a petition in a protective proceeding is also nominated in the petition as fiduciary for the respondent, the signature of the petitioner on the petition acts as acceptance of appointment upon entry of an order appointing the petitioner as fiduciary. If the person nominated as a fiduciary is not the petitioner, the person nominated must file an acceptance of the appointment before the entry of the order appointing the fiduciary.

�� (2) A fiduciary must promptly file with the court any change in the name, residence or post-office address of the fiduciary.

�� (3) Subject to ORS 125.800 to 125.852 for adults as defined in ORS 125.802, the court has personal jurisdiction over any person who accepts appointment as a fiduciary for the purpose of any matter relating to the protective proceeding, whether the person is a resident or nonresident of this state.

�� (4) Notice of an objection, motion or other matter in a protective proceeding may be personally served on the fiduciary or mailed to the fiduciary or the fiduciary�s attorney by ordinary mail at the address listed in the court records and to any address for the fiduciary or the fiduciary�s attorney known to the person giving notice. [1995 c.664 �22; 2009 c.179 �25]

�� 125.220 [1995 c.664 �23; repealed by 1999 c.774 �1 (125.221 enacted in lieu of 125.220)]

�� 125.221 Conflicts of interest. (1) A fiduciary may employ a person in which the fiduciary has a pecuniary or financial interest only after disclosing the nature of the interest to the court if the person is employed for the purpose of providing direct services to the protected person or for the purpose of providing services to the fiduciary that directly affect the protected person. Before the person is employed, the fiduciary must provide the court with the following:

�� (a) A full and accurate disclosure of the pecuniary or financial interest of the fiduciary in the person.

�� (b) A full and accurate disclosure of the services to be performed by the person.

�� (c) A full and accurate disclosure of the anticipated costs to the estate in using the person to provide the services.

�� (2) In addition to the disclosures required by subsection (1) of this section, after making such inquiry as the court deems appropriate, the court may require additional disclosures for the purpose of assessing whether the pecuniary or financial interest of the fiduciary could compromise or otherwise affect decisions made by the fiduciary in carrying out the duties of the fiduciary.

�� (3) The continuing authority of a court over protective proceedings under ORS 125.025 includes the authority to supervise and inquire into:

�� (a) Whether the fiduciary by employing a person in which the fiduciary has a pecuniary or financial interest is acting reasonably to accomplish the purposes for which the fiduciary was appointed.

�� (b) Whether the employment of the person by the fiduciary is necessary to provide the services efficiently and effectively.

�� (c) The extent that the pecuniary or financial interest of the person employed by the fiduciary could compromise or otherwise affect the decisions made by the fiduciary in carrying out the duties of the fiduciary.

�� (4) In addition to the disclosures required by subsections (1) and (2) of this section, prior court approval is required for payment of compensation to a person who is the spouse, parent or child of the fiduciary or to a business entity in which the spouse, parent or child of the fiduciary has an ownership interest and that is employed by the fiduciary to provide direct services to a protected person or to provide services to the fiduciary that directly affect the protected person. The fiduciary must provide the court with the following information:

�� (a) The specific services to be provided;

�� (b) The qualifications of the person providing the services;

�� (c) The rate of compensation charged by the person; and

�� (d) Any other information relevant to either the person providing the services or the services being provided to the protected person, including, but not limited to, loss of a professional license or a criminal conviction.

�� (5) The court may not approve any fees or expenses requested by the fiduciary to the extent that the combined fees of the fiduciary and the person employed by the fiduciary under this section exceed the amount the court finds would have been appropriate for payment to the fiduciary if the fiduciary had provided the services alone.

�� (6) A fiduciary has a pecuniary or financial interest in another person for the purposes of this section if the fiduciary, or any person related to, employed by or affiliated with the fiduciary has:

�� (a) Any direct or indirect ownership interest in the person;

�� (b) A business association with the person; or

�� (c) Any financial involvement with the person.

�� (7) A fiduciary has a pecuniary or financial interest in another person for the purposes of this section if the fiduciary, or any person related to, employed by or affiliated with the fiduciary, receives remuneration or any other financial benefit from the person, without regard to whether that remuneration or benefit is directly tied to the services provided to the fiduciary or protected person.

�� (8) In addition to the grounds specified in subsections (6) and (7) of this section, a fiduciary has a pecuniary or financial interest in another person for the purposes of this section if the relationship between the fiduciary and other person is such that the relationship could compromise or otherwise affect decisions made by the fiduciary in carrying out the duties of the fiduciary.

�� (9) A fiduciary employs a person for the purposes of this section whether the person is engaged as an employee or as an independent contractor. [1999 c.774 �2 (enacted in lieu of 125.220); 2003 c.392 �1]

�� 125.225 Removal of fiduciary. (1) A court shall remove a fiduciary whenever that removal is in the best interests of the protected person.

�� (2) In addition to any other grounds, the court may remove a conservator if the conservator fails to use good business judgment and diligence in the management of the estate under the control of the conservator. The court may apply a higher standard of care to a conservator who claims to have greater than ordinary skill or expertise.

�� (3) In addition to any other grounds, the court may remove a guardian if the court determines the guardian:

�� (a) Unreasonably limits the protected person�s associations under ORS 125.323;

�� (b) Fails to perform the guardian�s duties required under ORS 125.315 (1)(g) to (i); or

�� (c) Changes the abode of the adult protected person or places the protected person in a mental health treatment facility, a nursing home or other residential facility and:

�� (A) Failed to disclose in the petition for appointment that the guardian intended to make the placement; or

�� (B) Failed to comply with ORS 125.320 (3) before making the placement.

�� (4) On termination of the authority of a fiduciary, an interim fiduciary may be appointed by the court to serve for a period not to exceed 60 days. An interim fiduciary under this subsection may be appointed by the court without the appointment of a visitor, additional notices or any other additional procedure, except as may be determined necessary by the court.

�� (5) Upon termination of the authority of a fiduciary, the court may appoint a successor fiduciary. A petition for appointment as successor fiduciary must be filed in the same manner as provided for an original petition, and is subject to all provisions applicable to an original petition for the appointment of a fiduciary. No filing fee shall be charged or collected for the filing of a petition for the appointment of a successor fiduciary. [1995 c.664 �24; 2017 c.391 �4; 2019 c.198 �4]

�� 125.230 Termination of fiduciary�s authority; discharge of fiduciary. (1) Except as provided in subsection (3) of this section, a fiduciary�s authority terminates upon the death, resignation or removal of the fiduciary or upon the protected person�s death. If the fiduciary is a guardian appointed solely by reason of the minority of the protected person, the fiduciary�s authority terminates upon the protected person attaining 18 years of age.

�� (2) Resignation or removal of a fiduciary does not discharge the fiduciary until a final report or accounting has been approved by the court, any surety exonerated and the fiduciary discharged by order of the court.

�� (3) A guardian retains the authority to direct disposition of the remains of a deceased protected person if the guardian is unaware of any contact during the 12-month period immediately preceding the death of the protected person between the protected person and any person with priority over the fiduciary to control disposition of the remains under ORS 97.130 or to make an anatomical gift under ORS 97.965. [1995 c.664 �25; 1997 c.472 �11; 2007 c.681 �26]

�� 125.235 Liability of fiduciary. A fiduciary is not personally liable to third persons for acts of the protected person solely by reason of being appointed fiduciary. [1995 c.664 �26]

�� 125.240 Professional fiduciaries. (1) If a petition seeks the appointment of a professional fiduciary, the petition must contain the following information in addition to that information required under ORS 125.055:

�� (a) Proof that the professional fiduciary, or an individual responsible for making decisions for clients or for managing client assets for the professional fiduciary, is certified by the Center for Guardianship Certification or its successor organization as a National Certified Guardian or a National Master Guardian.

�� (b) A description of the events that led to the involvement of the professional fiduciary in the case.

�� (c) The educational background, professional experience, investment credentials and licensing under ORS chapter 59 of the individual responsible as, or acting on behalf of, the professional fiduciary.

�� (d)(A) The fees charged by the professional fiduciary and whether the fees are on an hourly basis or are based on charges for individual services rendered, including whether there is any revenue sharing arrangement between the professional fiduciary and any other person.

�� (B) The method by which the fees described in subparagraph (A) of this paragraph will be assessed or charged, whether by commissions, monthly charges or any other method.

�� (e) The names of providers of direct services to protected persons that are repeatedly used by the professional fiduciary under contract.

�� (f) The disclosures required under ORS 125.221 if the person nominated to act as a professional fiduciary will employ a person in which the nominated person has a pecuniary or financial interest.

�� (g) The number of protected persons for whom the person performs fiduciary services at the time of the petition.

�� (h) Whether the professional fiduciary has ever had a claim against the bond of the professional fiduciary and a description of the circumstances causing the claim.

�� (i) Whether the professional fiduciary or any staff with responsibility for making decisions for clients or for management of client assets has ever filed for bankruptcy and the date of filing.

�� (j)(A) Whether the professional fiduciary or any staff with responsibility for making decisions for clients or for management of client assets has ever been denied a professional license that is directly related to responsibilities of the professional fiduciary, or has ever held a professional license that is directly related to responsibilities of the professional fiduciary that was revoked or canceled. If such a license has been denied, revoked or canceled, the petition must reflect the date of the denial, revocation or cancellation and the name of the regulatory body that denied, revoked or canceled the license.

�� (B) A professional license under this paragraph includes a certificate described in paragraph (a) of this subsection.

�� (k) A statement that the criminal records check required under subsection (2) of this section does not disqualify the person from acting as a professional fiduciary.

�� (L) Whether the professional fiduciary and any staff responsible for making decisions for clients or for management of client assets is or has been certified by a national or state association of professional fiduciaries, the name of any such association and whether the professional fiduciary or other staff person has ever been disciplined by any such association and the result of the disciplinary action.

�� (m) The name, address and telephone number of the individual who is to act as primary decision maker for the protected person and the name of the person with whom the protected person will have personal contact if that person is not the person who will act as primary decision maker for the protected person.

�� (n) An acknowledgment by the professional fiduciary that the professional fiduciary will make all investments of client assets in accordance with the standards set forth in ORS 130.750 to 130.775.

�� (2)(a) If a petition seeks the appointment of a professional fiduciary as described in subsection (5) of this section, the professional fiduciary and all staff with responsibility for making decisions for clients or for management of client assets must undergo a criminal records check before the court may appoint the professional fiduciary. The results of the criminal records check shall be provided by the petitioner to the court. Results of criminal records checks submitted to the court are confidential, shall be subject to inspection only by the parties to the proceedings and their attorneys, and shall not be subject to inspection by members of the public except pursuant to a court order entered after a showing of good cause. A professional fiduciary must disclose to the court any criminal conviction of the professional fiduciary that occurs after the criminal records check was performed. The criminal records check under this subsection shall consist of a check for a criminal record in the State of Oregon and a national criminal records check if:

�� (A) The person has resided in another state within five years before the date that the criminal records check is performed;

�� (B) The person has disclosed the existence of a criminal conviction; or

�� (C) A criminal records check in Oregon discloses the existence of a criminal record in another jurisdiction.

�� (b) The requirements of this subsection do not apply to any person who serves as a public guardian or conservator, or any staff of a public guardian or conservator, who is operating under ORS 125.700 to 125.730 or 406.050 and who is otherwise required to acquire a criminal records check for other purposes.

�� (3)(a) If a petition seeks the appointment of a county public guardian and conservator operating under the provisions of ORS 125.700 to 125.730, or the appointment of a conservator under ORS 406.050 (10), the petition need not contain the information described in subsection (1)(e) or (m) of this section.

�� (b) If a county public guardian and conservator operating under the provisions of ORS 125.700 to 125.730 is appointed to act as a professional fiduciary, or a conservator operating under the authority of ORS 406.050 (10) is appointed, the public guardian or conservator must file with the court within three days after receipt of written notice of the appointment a statement containing the name, address and telephone number of the individual who will act as primary decision maker for the protected person and the name of the person with whom the protected person will have personal contact if the person named as primary decision maker will not have personal contact with the protected person.

�� (4) If the court appoints a professional fiduciary as described in subsection (5) of this section, the professional fiduciary must update all information required to be disclosed by subsection (1) of this section and provide a copy of the updated statement upon the request of the protected person or upon the request of any person entitled to notice under ORS 125.060 (3). The professional fiduciary must provide an updated statement without demand to the court, the protected person and persons entitled to notice under ORS 125.060 (3) at any time that there is a change in the information provided under subsection (1)(m) or (3)(b) of this section.

�� (5) As used in this section, �professional fiduciary� means a person nominated as a fiduciary or serving as a fiduciary who is acting at the same time as a fiduciary for three or more protected persons who are not related to the fiduciary. [1999 c.774 �4; 2001 c.102 �4; 2001 c.104 �37; 2009 c.602 �3; 2013 c.690 �1; 2014 c.117 �20; 2015 c.364 �1; 2015 c.381 �6]

�� 125.242 Exemptions for financial institutions and trust companies. ORS 125.221 and 125.240 do not apply to a financial institution, as defined in ORS 706.008, a trust company, as defined in ORS 706.008, or the Oregon Public Guardian and Conservator in proceedings under ORS 125.675 to 125.691. [1999 c.774 �5; 2017 c.310 �9]

�� Note: 125.242 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 125 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

GUARDIANS

�� 125.300 In general. (1)(a) Except as provided in paragraph (b) of this subsection, a guardian may be appointed for an adult person only as is necessary to promote and protect the well-being of the protected person. A guardianship for an adult person must be designed to encourage the development of maximum self-reliance and independence of the protected person and may be ordered only to the extent necessitated by the person�s actual mental and physical limitations.

�� (b) A guardian may be appointed for an adult person if there is clear and convincing evidence that the person is a vulnerable youth. A guardianship for a vulnerable youth must be designed to encourage the development of maximum self-reliance and independence of the vulnerable youth and may be ordered only to the extent that the vulnerable youth consents and that is necessitated by the circumstances justifying the appointment of a guardian for the vulnerable youth.

�� (2) An adult protected person for whom a guardian has been appointed is not presumed to be incompetent.

�� (3) A protected person retains all legal and civil rights provided by law except those that have been expressly limited by court order or specifically granted to the guardian by the court. Rights retained by the person include but are not limited to the right to contact and retain counsel and to have access to personal records. [1995 c.664 �27; 2021 c.399 �10]

�� 125.305 Order of appointment. (1) After determining that conditions for the appointment of a guardian have been established, the court may appoint a guardian as requested if the court determines by clear and convincing evidence that:

�� (a) The respondent is a minor in need of a guardian, the respondent is incapacitated or the respondent is a vulnerable youth;

�� (b) The appointment is necessary as a means of providing continuing care and supervision of the respondent; and

�� (c) The nominated person is both qualified and suitable, and is willing to serve.

�� (2) The court shall make a guardianship order that is no more restrictive upon the liberty of the protected person than is reasonably necessary to protect the person. In making the order the court shall consider the information in the petition, the report of the visitor, the report of any physician, naturopathic physician or psychologist who has examined the respondent, if there was an examination, and the evidence presented at any hearing.

�� (3) The court may require that a guardian post bond.

�� (4) The Department of Human Services may be appointed guardian of a minor if the minor has no living parents and if no willing, qualified and suitable relative or other person has petitioned the court for appointment as a guardian. [1995 c.664 �28; 2017 c.356 �11; 2021 c.399 �11]

�� 125.310 Letters of guardianship. The court shall issue letters of guardianship to the guardian after the filing of any acceptance of the appointment and bond that may be required. A copy of the order appointing the guardian must be attached to the letters of guardianship. Letters of guardianship must be in substantially the following form:

State of Oregon,�� )

�� )�� LETTERS OF

County of ___�� ) GUARDIANSHIP

BY THESE LETTERS OF GUARDIANSHIP be informed:

�� That on ___ (month) ___ (day), 2, the __ Court, ___ County, State of Oregon, appointed _ (name of guardian) guardian for ___ (name of protected person) and that the named guardian has qualified and has the authority and duties of guardian for the named protected person as provided in the order appointing the guardian, a copy of which is attached to these letters.

�� IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seal of the court at my office on ___ (month) ___ (day), 2___. (Seal)

__, Clerk of the Court

By __, Deputy

[1995 c.664 �29]

�� 125.315 General powers and duties of guardian. (1) A guardian has the following powers and duties:

�� (a) Except to the extent of any limitation under the order of appointment, the guardian has custody of the protected person and may establish the protected person�s place of abode within or without this state.

�� (b) The guardian shall provide for the care, comfort and maintenance of the protected person and, whenever appropriate, shall arrange for training and education of the protected person. Without regard to custodial rights of the protected person, the guardian shall take reasonable care of the person�s clothing, furniture and other personal effects unless a conservator has been appointed for the protected person.

�� (c) Subject to the provisions of ORS 127.505 to 127.660 and subsection (3) of this section, the guardian may consent, refuse consent or withhold or withdraw consent to health care, as defined in ORS 127.505, for the protected person. A guardian is not liable solely by reason of consent under this paragraph for any injury to the protected person resulting from the negligence or acts of third persons.

�� (d) The guardian may:

�� (A) Make advance funeral and burial arrangements;

�� (B) Subject to the provisions of ORS 97.130, control the disposition of the remains of the protected person; and

�� (C) Subject to the provisions of ORS 97.965, make an anatomical gift of all or any part of the body of the protected person.

�� (e) The guardian of a minor has the powers and responsibilities of a parent who has legal custody of a child, except that the guardian has no obligation to support the minor beyond the support that can be provided from the estate of the minor, and the guardian is not liable for the torts of the minor. The guardian may consent to the adoption of a protected person who is a minor.

�� (f) Subject to the provisions of ORS 125.320 (2), the guardian may receive money and personal property deliverable to the protected person and apply the money and property for support, care and education of the protected person. The guardian shall exercise care to conserve any excess for the protected person�s needs.

�� (g) The guardian shall promote the self-determination of the protected person and, to the extent practicable, encourage the protected person to participate in decisions, act on the protected person�s own behalf and develop or regain the capacity to manage the protected person�s personal affairs. To accomplish the duties under this paragraph, the guardian shall:

�� (A) Become or remain personally acquainted with the protected person and maintain sufficient contact with the protected person, including through regular visitation, to know the protected person�s abilities, limitations, needs, opportunities and physical and mental health;

�� (B) To the extent practicable, identify the values and preferences of the protected person and involve the protected person in decisions affecting the protected person, including decisions about the protected person�s care, dwelling, activities or social interactions; and

�� (C) Make reasonable efforts to identify and facilitate supportive relationships and services for the protected person.

�� (h) In making decisions for the protected person, the guardian shall make the decisions the guardian reasonably believes the protected person would make if the protected person were able, unless doing so would unreasonably harm or endanger the welfare or personal or financial interests of the protected person. To determine the decision the protected person would make if able, the guardian shall consider the protected person�s previous or current instructions, preferences, opinions, values and actions, to the extent actually known or reasonably ascertainable by the guardian.

�� (i) If the guardian cannot make a decision under paragraph (h) of this subsection because the guardian does not know and cannot reasonably determine the decision the protected person would make if able, or the guardian reasonably believes the decision the protected person would make would unreasonably harm or endanger the welfare or personal or financial interests of the protected person, the guardian shall act in accordance with the best interest of the protected person. In determining the best interest of the protected person, the guardian shall consider:

�� (A) Information received from professionals and persons that demonstrate sufficient interest in the welfare of the protected person;

�� (B) Other information the guardian believes the protected person would consider if the protected person were able; and

�� (C) Other factors a reasonable person in the circumstances of the protected person would consider, including consequences for others.

�� (2) If a conservator has been appointed for the protected person, the guardian may file a motion with the court seeking an order of the court on the duties of the conservator relating to payment of support for the protected person.

�� (3) A guardian may consent to the withholding or withdrawing of artificially administered nutrition and hydration for a protected person only under the circumstances described in ORS 127.580 (1)(a), (b), (d), (e) or (f) and, if the protected person has a medical condition specified in ORS 127.580 (1)(b), (d), (e) or (f), the condition has been medically confirmed. [1995 c.664 �30; 1997 c.472 �12; 2007 c.230 �1; 2007 c.681 �27; 2019 c.198 �5; 2025 c.224 �6]

�� 125.320 Limitations on guardian. (1) A guardian may not authorize the sterilization of the protected person.

�� (2) A guardian may not use funds from the protected person�s estate for room and board that the guardian or guardian�s spouse, parent or child have furnished the protected person unless the charge for the service is approved by order of the court before the payment is made.

�� (3)(a) Before a guardian may change the abode of an adult protected person or place an adult protected person in a mental health treatment facility, a nursing home or other residential facility, the guardian must file with the court and serve a statement declaring that the guardian intends to make the change of abode or placement in the manner set forth in paragraph (b) of this subsection.

�� (b)(A) The statement must be filed and served in the manner provided for serving a motion under ORS 125.065 to the persons specified in ORS 125.060 (3) and (8) at least 15 days prior to each change of abode or placement of the protected person.

�� (B) When the guardian determines that the change of abode or placement must occur in less than 15 days to protect the immediate health, welfare or safety of the protected person or others, the statement shall declare that the change of abode or placement must occur in less than 15 days to protect the immediate health, welfare or safety of the protected person or others. The statement must be filed and served with as much advance notice as possible, in no event later than two judicial days after the change of abode or placement occurs. The guardian may make the change of abode or placement prior to a hearing on any objection.

�� (c) In addition to the requirements of ORS 125.070 (1), the notice given to the protected person must clearly indicate the manner in which the protected person may object to the proposed placement.

�� (d) The court shall schedule a hearing on any objection to a statement filed under this subsection made in the manner provided by ORS 125.075 for presenting objections to a petition or motion in a protective proceeding. If no objection is made, the guardian may change the abode of the adult protected person or place the adult protected person in a mental health treatment facility, a nursing home or other residential facility without further court order.

�� (e) The requirement that notice be served on an attorney for a protected person under ORS 125.060 (8) does not impose any responsibility on the attorney receiving the notice to represent the protected person in the protective proceeding.

�� (4) A guardian for a protected person who is a vulnerable youth may not possess or control the vulnerable youth�s identity documents. [1995 c.664 �31; 2001 c.473 �1; 2005 c.498 �3; 2017 c.391 �5; 2021 c.399 �12]

�� 125.323 Limits on association. (1) As used in this section:

�� (a) �Association� means communication, visitation or other social interaction with third parties; and

�� (b) �Interested person� means a protected person, a person with whom association is being limited, any fiduciary for the protected person or any person who has filed a request for notice in the proceedings.

�� (2) A guardian may not limit a protected person�s preferred associations, except:

�� (a) As specifically allowed by the court; or

�� (b) To the extent the guardian determines necessary to avoid unreasonable harm to the protected person�s health, safety or well-being.

�� (3) If a protected person is unable to communicate, the protected person�s preferred association shall be presumed based on the prior relationship between the protected person and the person with whom the association is contemplated.

�� (4)(a) If a guardian limits a protected person�s association as provided in subsection (2)(b) of this section, an interested person may move the court to modify the guardian�s powers with respect to limiting the association.

�� (b) Motions under this subsection must be in writing, except that a protected person may move the court orally in person or by other means that are intended to convey the protected person�s motion to the court. The court shall designate the manner in which an oral motion may be made that ensures that a protected person will have the protected person�s motion presented to the court. The clerk of the court shall provide a means of reducing the oral motion to a signed writing for the purpose of filing the motion.

�� (c) Any limits on a protected person�s associations in effect on the date a motion is filed under this subsection remain in effect pending the court�s action under paragraph (e) of this subsection.

�� (d) The court shall schedule the hearing required under ORS 125.080 (3) on a motion under this subsection no later than 60 days following the date the motion is filed with the court. The person making the motion shall give notice to all persons entitled to notice under ORS 125.060 (3) of the date, time and place of the scheduled hearing at least 15 days before the date set for the hearing. Notice shall be given in the manner prescribed by ORS 125.065. The court for good cause shown may provide for a different method or time of giving notice under this subsection.

�� (e) If the court determines that the guardian unreasonably limited association under this section, the court may:

�� (A) Permit the association, with or without limitations;

�� (B) Modify the guardian�s powers to limit the protected person�s associations;

�� (C) Remove the guardian; or

�� (D) Award reasonable attorney fees and court costs associated with the motion. [2019 c.198 �2]

�� 125.325 Guardian�s report. (1) Not later than 30 days following each anniversary of appointment, a guardian for an adult protected person shall file with the court a written report. The report must include a declaration under penalty of perjury in the form required by ORCP 1 E, or an unsworn declaration under ORS 194.800 to

ORS 125.700

125.700.

�� (9) Work with existing local and county programs and with other organizations and entities to develop and expand public guardian and conservator services in this state.

�� (10) Make recommendations to the Legislative Assembly for policy and legislation regarding implementation, improvement and expansion of public guardian and conservator services in this state. [2014 c.117 �4]

�� 125.681 Authority to require fingerprints of employees, volunteers or contractors. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Oregon Public Guardian and Conservator may require the fingerprints of an employee of the Oregon Public Guardian and Conservator, an applicant for employment with the Oregon Public Guardian and Conservator or a volunteer or party under contract with the Oregon Public Guardian and Conservator. [2017 c.310 �6]

�� 125.683 Needs assessment; access to records; written plan for services. (1) In providing public guardian and conservator services, the Oregon Public Guardian and Conservator shall conduct a needs assessment for a person who claims or is claimed not to have relatives or friends willing or able to assume the duties of guardianship or conservatorship and who claims or is claimed to lack the financial resources to obtain a private guardian or conservator. The purpose of the needs assessment is to determine the person�s eligibility to receive public guardian and conservator services and to determine the appropriateness of filing a petition for the appointment of a fiduciary or other pleading on behalf of the person in a court having probate jurisdiction. The needs assessment shall, at a minimum:

�� (a) Assess the person�s capacity to:

�� (A) Care for the person�s own safety;

�� (B) Manage the person�s own financial affairs; and

�� (C) Attend to and provide for necessities such as food, shelter, clothing and medical care;

�� (b) Assess the person�s financial resources;

�� (c) Determine whether information that is available about the person is sufficient to support a finding that the person is incapacitated or financially incapable and the entry of a court order for the appointment of a fiduciary under ORS 125.010;

�� (d) Determine whether any other person may be willing and able to serve as the person�s guardian or conservator and, if appropriate, locate and contact that other person;

�� (e) Determine the type of fiduciary, if any, to request in a petition filed under ORS 125.055, giving preference to the least intrusive form of fiduciary relationship consistent with the best interests of the person; and

�� (f) Determine how best to provide public guardian and conservator services to the person that are least restrictive to the person�s liberty, that are least intrusive to the person and that provide for the greatest degree of independence that the person is capable of exercising.

�� (2)(a) If the person is a resident of a nursing home as defined in ORS 678.710 or a residential facility as defined in ORS 441.402, the nursing home or residential facility shall provide the Oregon Public Guardian and Conservator access to the person�s records as is necessary to conduct the needs assessment required under this section.

�� (b) Any other public agency that has provided or is providing care or services to the person shall disclose to the Oregon Public Guardian and Conservator, upon request, a minimum amount of information about the person for whom the needs assessment is being conducted, including protected health information as defined in ORS

ORS 127.897

127.897 have been met and indicating the steps taken to carry out the request, including a notation of the medication prescribed. [1995 c.3 �3.09; 2019 c.624 �4]

�� 127.860 [1995 c.3 �3.10; 1999 c.423 �8; repealed by 2023 c.241 �4]

�� 127.865 �3.11. Reporting requirements. (1)(a) The Oregon Health Authority shall annually review a sample of records maintained pursuant to ORS 127.800 to 127.897.

�� (b) The authority shall require any health care provider upon dispensing medication pursuant to ORS 127.800 to 127.897 to file a copy of the dispensing record with the authority.

�� (2) The authority shall make rules to facilitate the collection of information regarding compliance with ORS 127.800 to 127.897. Except as otherwise required by law, the information collected shall not be a public record and may not be made available for inspection by the public.

�� (3) The authority shall generate and make available to the public an annual statistical report of information collected under subsection (2) of this section. [1995 c.3 �3.11; 1999 c.423 �9; 2001 c.104 �40; 2009 c.595 �89]

�� 127.870 �3.12. Effect on construction of wills, contracts and statutes. (1) No provision in a contract, will or other agreement, whether written or oral, to the extent the provision would affect whether a person may make or rescind a request for medication to end his or her life in a humane and dignified manner, shall be valid.

�� (2) No obligation owing under any currently existing contract shall be conditioned or affected by the making or rescinding of a request, by a person, for medication to end his or her life in a humane and dignified manner. [1995 c.3 �3.12]

�� 127.875 �3.13. Insurance or annuity policies. The sale, procurement, or issuance of any life, health, or accident insurance or annuity policy or the rate charged for any policy shall not be conditioned upon or affected by the making or rescinding of a request, by a person, for medication to end his or her life in a humane and dignified manner. Neither shall a qualified patient�s act of ingesting medication to end his or her life in a humane and dignified manner have an effect upon a life, health, or accident insurance or annuity policy. [1995 c.3 �3.13]

�� 127.880 �3.14. Construction of Act. Nothing in ORS 127.800 to 127.897 shall be construed to authorize a physician or any other person to end a patient�s life by lethal injection, mercy killing or active euthanasia. Actions taken in accordance with ORS 127.800 to 127.897 shall not, for any purpose, constitute suicide, assisted suicide, mercy killing or homicide, under the law. [1995 c.3 �3.14]

(Immunities and Liabilities)

(Section 4)

�� 127.885 �4.01. Immunities; basis for prohibiting health care provider from participation; notification; permissible sanctions. Except as provided in ORS 127.890:

�� (1) No person shall be subject to civil or criminal liability or professional disciplinary action for participating in good faith compliance with ORS 127.800 to 127.897. This includes being present when a qualified patient takes the prescribed medication to end his or her life in a humane and dignified manner.

�� (2) No professional organization or association, or health care provider, may subject a person to censure, discipline, suspension, loss of license, loss of privileges, loss of membership or other penalty for participating or refusing to participate in good faith compliance with ORS 127.800 to 127.897.

�� (3) No request by a patient for or provision by an attending physician of medication in good faith compliance with the provisions of ORS 127.800 to 127.897 shall constitute neglect for any purpose of law or provide the sole basis for the appointment of a guardian or conservator.

�� (4) No health care provider shall be under any duty, whether by contract, by statute or by any other legal requirement to participate in the provision to a qualified patient of medication to end his or her life in a humane and dignified manner. If a health care provider is unable or unwilling to carry out a patient�s request under ORS 127.800 to 127.897, and the patient transfers his or her care to a new health care provider, the prior health care provider shall transfer, upon request, a copy of the patient�s relevant medical records to the new health care provider.

�� (5)(a) Notwithstanding any other provision of law, a health care provider may prohibit another health care provider from participating in ORS 127.800 to 127.897 on the premises of the prohibiting provider if the prohibiting provider has notified the health care provider of the prohibiting provider�s policy regarding participating in ORS 127.800 to 127.897. Nothing in this paragraph prevents a health care provider from providing health care services to a patient that do not constitute participation in ORS 127.800 to 127.897.

�� (b) Notwithstanding the provisions of subsections (1) to (4) of this section, a health care provider may subject another health care provider to the sanctions stated in this paragraph if the sanctioning health care provider has notified the sanctioned provider prior to participation in ORS 127.800 to 127.897 that it prohibits participation in ORS 127.800 to 127.897:

�� (A) Loss of privileges, loss of membership or other sanction provided pursuant to the medical staff bylaws, policies and procedures of the sanctioning health care provider if the sanctioned provider is a member of the sanctioning provider�s medical staff and participates in ORS 127.800 to 127.897 while on the health care facility premises, as defined in ORS 442.015, of the sanctioning health care provider, but not including the private medical office of a physician or other provider;

�� (B) Termination of lease or other property contract or other nonmonetary remedies provided by lease contract, not including loss or restriction of medical staff privileges or exclusion from a provider panel, if the sanctioned provider participates in ORS 127.800 to 127.897 while on the premises of the sanctioning health care provider or on property that is owned by or under the direct control of the sanctioning health care provider; or

�� (C) Termination of contract or other nonmonetary remedies provided by contract if the sanctioned provider participates in ORS 127.800 to 127.897 while acting in the course and scope of the sanctioned provider�s capacity as an employee or independent contractor of the sanctioning health care provider. Nothing in this subparagraph shall be construed to prevent:

�� (i) A health care provider from participating in ORS 127.800 to 127.897 while acting outside the course and scope of the provider�s capacity as an employee or independent contractor; or

�� (ii) A patient from contracting with his or her attending physician and consulting physician to act outside the course and scope of the provider�s capacity as an employee or independent contractor of the sanctioning health care provider.

�� (c) A health care provider that imposes sanctions pursuant to paragraph (b) of this subsection must follow all due process and other procedures the sanctioning health care provider may have that are related to the imposition of sanctions on another health care provider.

�� (d) For purposes of this subsection:

�� (A) �Notify� means a separate statement in writing to the health care provider specifically informing the health care provider prior to the provider�s participation in ORS

ORS 134.560

134.560; 2019 c.213 �20]

DETAINER

�� 135.775 Agreement on Detainers. The Agreement on Detainers is hereby enacted into law and entered into by this state with all other jurisdictions legally joining therein in the form substantially as follows:

AGREEMENT ON DETAINERS

�� The contracting states solemnly agree that:

ARTICLE I

�� The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, informations or complaints. The party states also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this agreement to provide such cooperative procedures.

ARTICLE II

�� As used in this agreement:

�� (a) �State� shall mean a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico.

�� (b) �Sending state� shall mean a state in which a prisoner is incarcerated at the time that the prisoner initiates a request for final disposition pursuant to Article III of this agreement or at the time that a request for custody or availability is initiated pursuant to Article IV of this agreement.

�� (c) �Receiving state� shall mean the state in which trial is to be had on an indictment, information or complaint pursuant to Article III or Article IV of this agreement.

�� (d) �Department of Corrections institution� of this state shall mean any institution operated by the Department of Corrections.

ARTICLE III

�� (a) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information or complaint on the basis of which a detainer has been lodged against the prisoner, the prisoner shall be brought to trial within 180 days after the prisoner shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer�s jurisdiction written notice of the place of imprisonment and the request of the prisoner for a final disposition to be made of the indictment, information or complaint: Provided, that for good cause shown in open court, the prisoner or the counsel of the prisoner being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner.

�� (b) The written notice and request for final disposition referred to in paragraph (a) of this Article shall be given or sent by the prisoner to the warden or other official having custody of the prisoner, who shall promptly forward it together with the certificate to the prosecuting official and court by registered or certified mail, return receipt requested.

�� (c) The warden or other official having custody of the prisoner shall promptly inform the prisoner of the source and contents of any detainer lodged against the prisoner and shall also inform the prisoner of the right to make a request for final disposition of the indictment, information or complaint on which the detainer is based.

�� (d) Any request for final disposition made by a prisoner pursuant to paragraph (a) of this Article shall operate as a request for final disposition of all untried indictments, informations or complaints on the basis of which detainers have been lodged against the prisoner from the state to whose prosecuting official the request for final disposition is specifically directed. The warden or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoner�s request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this paragraph shall be accompanied by copies of the prisoner�s written notice, request and the certificate. If trial is not had on any indictment, information or complaint contemplated hereby prior to the return of the prisoner to the original place of imprisonment, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.

�� (e) Any request for final disposition made by a prisoner pursuant to paragraph (a) of this Article shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of paragraph (d) of this Article, and a waiver of extradition to the receiving state to serve any sentence there imposed upon the prisoner, after completion of the term of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production of the body of the prisoner in any court where the presence of the prisoner may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of imprisonment in accordance with the provisions of this agreement. Nothing in this paragraph shall prevent the imposition of a concurrent sentence if otherwise permitted by law.

�� (f) Escape from custody by the prisoner subsequent to the execution of the request for final disposition referred to in paragraph (a) of this Article shall void the request.

ARTICLE IV

�� (a) The appropriate officer of the jurisdiction in which an untried indictment, information or complaint is pending shall be entitled to have a prisoner against whom the officer has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with paragraph (a) of Article V of this agreement upon presentation of a written request for temporary custody or availability to the appropriate authorities of the state in which the prisoner is incarcerated: Provided, that the court having jurisdiction of such indictment, information or complaint shall have duly approved, recorded and transmitted the request; And provided further, that there shall be a period of 30 days after receipt by the appropriate authorities before the request be honored, within which period the governor of the sending state may disapprove the request for temporary custody or availability, either upon the own motion of the governor or upon motion of the prisoner.

�� (b) Upon receipt of the officer�s written request as provided in paragraph (a) of this Article, the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner and any decisions of the state parole agency relating to the prisoner. Such authorities simultaneously shall furnish all other officers and appropriate courts in the receiving state who have lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor.

�� (c) In respect of any proceeding made possible by this Article, trial shall be commenced within 120 days of the arrival of the prisoner in the receiving state, but for good cause shown in open court, the prisoner or the counsel of the prisoner being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.

�� (d) Nothing contained in this Article shall be construed to deprive any prisoner of any right which the prisoner may have to contest the legality of the delivery of the prisoner as provided in paragraph (a) of this Article, but such delivery may not be opposed or denied on the ground that the executive authority of the sending state has not affirmatively consented to or ordered such delivery.

�� (e) If trial is not had on any indictment, information or complaint contemplated hereby prior to the prisoner�s being returned to the original place of imprisonment pursuant to paragraph (e) of Article V of this agreement, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.

ARTICLE V

�� (a) In response to a request made under Article III or Article IV of this agreement, the appropriate authority in a sending state shall offer to deliver temporary custody of such prisoner to the appropriate authority in the state where such indictment, information or complaint is pending against such person in order that speedy and efficient prosecution may be had. If the request for final disposition is made by the prisoner, the offer of temporary custody shall accompany the written notice provided for in Article III of this agreement. In the case of a federal prisoner, the appropriate authority in the receiving state shall be entitled to temporary custody as provided by this agreement or to the prisoner�s presence in federal custody at the place for trial, whichever custodial arrangement may be approved by the custodian.

�� (b) The officer or other representative of a state accepting an offer of temporary custody shall present the following upon demand:

�� (1) Proper identification and evidence of authority to act for the state into whose temporary custody the prisoner is to be given.

�� (2) A duly certified copy of the indictment, information or complaint on the basis of which the detainer has been lodged and on the basis of which the request for temporary custody of the prisoner has been made.

�� (c) If the appropriate authority shall refuse or fail to accept temporary custody of such prisoner, or in the event that an action on the indictment, information or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in Article III or Article IV of this agreement, the appropriate court of the jurisdiction where the indictment, information or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect.

�� (d) The temporary custody referred to in this agreement shall be only for the purpose of permitting prosecution on the charge or charges contained in one or more untried indictments, informations or complaints which form the basis of the detainer or detainers or for prosecution on any other charge or charges arising out of the same transaction. Except for attendance of the prisoner at court and while being transported to or from any place at which the presence of the prisoner may be required, the prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution.

�� (e) At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending state.

�� (f) During the continuance of temporary custody or while the prisoner is otherwise being made available for trial as required by this agreement, time being served on the sentence shall continue to run but good time shall be earned by the prisoner only if, and to the extent that, the law and practice of the jurisdiction which imposed the sentence may allow.

�� (g) For all purposes other than that for which temporary custody as provided in this agreement is exercised, the prisoner shall be deemed to remain in the custody of and subject to the jurisdiction of the sending state and any escape from temporary custody may be dealt with in the same manner as an escape from the original place of imprisonment or in any other manner permitted by law.

�� (h) From the time that a party state receives custody of a prisoner pursuant to this agreement until such prisoner is returned to the territory and custody of the sending state, the state in which the one or more untried indictments, informations or complaints are pending or in which trial is being had shall be responsible for the prisoner and shall also pay all costs of transporting, caring for, keeping and returning the prisoner. The provisions of this paragraph shall govern unless the states concerned shall have entered into a supplementary agreement providing for a different allocation of costs and responsibilities as between or among themselves. Nothing contained in this paragraph shall be construed to alter or affect any internal relationship among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.

ARTICLE VI

�� (a) In determining the duration and expiration dates of the time periods provided in Articles III and IV of this agreement, the running of such time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter.

�� (b) No provision of this agreement, and no remedy made available by this agreement, shall apply to any person who is adjudged to be a person with mental illness.

ARTICLE VII

�� Each state party to this agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement, and who shall provide within and without the state, information necessary to the effective operation of this agreement.

ARTICLE VIII

�� This agreement shall enter into full force and effect as to a party state when such state has enacted the agreement into law. A state party to this agreement may withdraw herefrom by enacting a statute repealing the agreement. However, the withdrawal of any state shall not affect the status of any proceedings already initiated by prisoners or by state officers at the time such withdrawal takes effect, nor shall it affect their rights in respect thereof.

ARTICLE IX

�� This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable and if any phrase, clause, sentence or provision of this agreement is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state party to this agreement, the agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

[Formerly 134.605; 1987 c.320 �20a; 2013 c.360 �5]

�� 135.777 Definition for ORS 135.775. As used in the Agreement on Detainers, the term �appropriate court� means any court of this state that has criminal jurisdiction. [Formerly 134.615]

�� 135.779 Enforcement of ORS 135.775 by public agencies. All courts, departments, agencies, officers and employees of this state and its political subdivisions are hereby directed to enforce the Agreement on Detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purposes. [Formerly 134.625]

�� 135.783 Effect of escape from custody in another state. Escape from custody while in another state pursuant to the Agreement on Detainers is an offense against the laws of this state to the same extent and degree as an escape from the institution in which the prisoner was confined immediately prior to having been sent to another state pursuant to the provision of the Agreement on Detainers and shall be punishable in the same manner as an escape from such institution. [Formerly 134.635]

�� 135.785 Surrender of custody under ORS 135.775. The official in charge of a Department of Corrections institution in this state shall give over the person of any adult in custody thereof whenever so required by the operation of the Agreement on Detainers. [Formerly

ORS 153.054

153.054.

�� (8) If a mass transit district stays a court filing as described in subsection (3)(b) of this section, the running of any applicable statutory time limitation for the commencement of a trial is tolled during the stay period. [2017 c.427 �2]

�� Note: 267.153 and 267.154 were added to and made a part of ORS chapter 267 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 267.154 Collection of data relating to administrative process for adjudicating ordinance violations; reports. (1) A mass transit district that establishes an administrative process to adjudicate ordinance violations under ORS 267.153 shall track data relating to each violation subject to the administrative process, including:

�� (a) The type of violation and the approximate location of the violation;

�� (b) The resolution of the administrative process, including the amount of fine assessed, if any, the amount and type of community service required, if any, and whether the citation was successfully resolved through the administrative process pursuant to ORS 267.153;

�� (c) The race and sex of the person cited, based on the observations of the person issuing the citation; and

�� (d) The age of the person cited, if provided to the person issuing the citation.

�� (2)(a) The mass transit district shall prepare annual reports on the data described in subsection (1) of this section. The reports shall disclose the data only in an aggregate manner, such that the disclosed information cannot be used to identify, contact or locate any single individual.

�� (b) The mass transit district shall annually transmit the report to the committees or interim committees of the Legislative Assembly related to the judiciary. The first report must be made no later than one year after the administrative process to adjudicate ordinance violations is implemented. [2017 c.427 �3]

�� Note: See note under 267.153.

�� 267.155 [1969 c.643 �19; repealed by 1971 c.268 �24]

�� 267.160 [1969 c.643 �36; repealed by 1971 c.268 �24]

�� 267.165 [1969 c.643 �18(2), (3); repealed by 1971 c.268 �24]

�� 267.170 Initiative and referendum. (1) The electors of a district may exercise the powers of the initiative and referendum with reference to legislation of the district, in accordance with ORS 255.135 to 255.205.

�� (2) A district board on its own resolution may call an election for the purpose of referring an ordinance to the electors of a district for their approval before the ordinance takes effect. [1969 c.643 �39; 1977 c.728 �3; 1979 c.190 �411; 1981 c.173 �39; 1983 c.350 �124]

(Powers)

�� 267.200 Existence, status and general powers of districts. A mass transit district shall constitute a municipal corporation of this state, and a public body, corporate and politic, exercising public power. It shall be considered a unit of local government for the purposes of ORS 190.003 to 190.130, a public employer for the purposes of ORS 236.610 to 236.640, and a political subdivision for the purposes of ORS 305.620. A district and its contractors engaged in operating motor vehicles to provide mass transportation on behalf of the district shall be entitled to tax refunds as allowed under ORS 319.831 to incorporated cities. It shall have full power to carry out the objects of its formation and to that end may:

�� (1) Have and use a seal, have perpetual succession, and sue and be sued in its own name.

�� (2) Acquire by condemnation, purchase, lease, devise, gift or voluntary grant real and personal property or any interest therein, located inside the boundaries of the district and take, hold, possess and dispose of real and personal property purchased or leased from, or donated by, the United States, or any state, territory, county, city or other public body, nonprofit corporation or person for the purpose of providing or operating a mass transit system in the district and aiding in the objects of the district.

�� (3) Contract with the United States or with any county, city, state, or public body, or any of their departments or agencies, or a nonprofit corporation, or any person, for the construction, acquisition, purchase, lease, preservation, improvement, operation or maintenance of any mass transit system.

�� (4) Build, construct, purchase, lease, improve, operate and maintain, subject to other applicable provisions of law, all improvements, facilities or equipment necessary or desirable for the mass transit system of the district.

�� (5) Enter into contracts and employ agents, engineers, attorneys and other persons and fix their compensation.

�� (6) Fix and collect charges for the use of the transit system and other district facilities.

�� (7) Construct, acquire, maintain and operate and lease, rent and dispose of passenger terminal facilities, motor vehicle parking facilities and other facilities for the purpose of encouraging use of the mass transit system within the district.

�� (8) Enter into contracts or intergovernmental agreements under ORS chapter 190 with units of local government of the State of Oregon, whether within or without the district, or with the State of Washington or with public agencies of the State of Washington, to act jointly or in cooperation with them or to provide mass transit services to areas under their jurisdictions, provided that the party contracting to receive the services shall pay to the mass transit district not less than the proportionate share of the cost of the services that the benefits to the contracting party bear to the total benefits from the service.

�� (9) Conduct programs and events and take other actions for the purpose of improving or maintaining employee relations.

�� (10) Improve, construct and maintain bridges over navigable streams.

�� (11) Do such other acts or things as may be necessary or convenient for the proper exercise of the powers granted to a district by ORS 267.010 to 267.394. [1969 c.643 �8; 1973 c.116 �3; 1975 c.170 �1; 1977 c.550 �1; 1979 c.344 �1; 1979 c.877 �2; 1987 c.689 �1; 2003 c.802 �92; 2007 c.531 �16]

�� 267.203 Authority to enter into transaction for electricity or diesel fuel. (1) A mass transit district may enter into transactions with persons or entities for the supply or delivery of electricity or diesel fuel on an economic, dependable and cost-effective basis, including transactions involving financial products contracts and agreements for exchange of fixed and variable pricing agreements and other service contracts that reduce the risk of economic losses in transactions for the supply or delivery of electricity or diesel fuel.

�� (2) Notwithstanding subsection (1) of this section, a mass transit district may not enter into a transaction for the supply or delivery of electricity or diesel fuel that:

�� (a) Constitutes the investment of surplus funds for the purpose of receiving interest or other earnings from the investment; or

�� (b) Is for any purpose other than the supply or delivery of electricity or diesel fuel on a cost-effective basis. [2007 c.894 �6]

�� Note: 267.203 was added to and made a part of ORS chapter 267 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 267.205 Classification and designation of service areas; determination of area financing. (1) A district board may by ordinance classify and designate as a service area the territory within the district that is benefited by the mass transit system beyond the general benefit to all territory within the district. The board may by ordinance amend the boundaries of the service area to conform to changes in the mass transit system service.

�� (2) Subject to restrictions in the Oregon Constitution, any of the methods of financing authorized under ORS 267.300 may, in the discretion of the board, be imposed in the service area rather than in the entire district. [1969 c.643 �24]

�� 267.207 Change of district boundaries; elector approval; withdrawal of service from area; territorial jurisdiction of district; boundary commission exemption. (1) The board of directors of a mass transit district may alter the territorial boundaries of the district by a nonemergency ordinance adopted at any regular meeting.

�� (2) If an ordinance annexing territory to a district is initiated or referred by, or referred to, the electors of the district, it shall not take effect unless approved by a majority of the electors registered in the territory proposed to be annexed to the district voting on the question and by a majority of the electors of the district voting on the question.

�� (3)(a) The board of directors of a mass transit district, as a result of the continuing comprehensive transportation planning process required by the Federal Transit Administration, shall determine annually the territory in the district within which the transit system of the district will operate. When the board determines during such planning process for any fiscal year that it will not provide transit service during that fiscal year to an area presently within the district, the board shall by ordinance withdraw from that area on the date specified in the ordinance, and that area shall no longer be part of the district. The board shall by ordinance set forth the criteria to be used in making the determinations described in this subsection.

�� (b) Subject to paragraph (a) of this subsection, the territorial jurisdiction of a district shall include:

�� (A) All territory located within the boundaries of a metropolitan service district;

�� (B) Each census tract within which the transit system of the district operates, or such smaller portion of the tract as determined by the board; and

�� (C) If so determined by the board of directors, any territory located within two and one-half miles or less of the transit system of the district or any route used by that system for the transportation of passengers.

�� (4) If an ordinance withdrawing territory from a district is initiated or referred by, or referred to, the electors of the district it shall not take effect unless approved by a majority of the electors of the entire district voting on the question.

�� (5) The alteration of the boundaries of a district under this section is not subject to the jurisdiction or review of a local government boundary commission. [1979 c.877 �5; 1981 c.907 �1; 1983 c.83 �45; 1993 c.741 �22; 2007 c.239 �13]

�� 267.208 Effective date of change of boundaries; filing boundary change with county assessor and Department of Revenue. (1) An alteration of the boundaries of a district under ORS 267.207 or 267.250 to 267.263 shall not become effective during the period:

�� (a) Beginning after the 90th day before a primary election or general election and ending on the day after the election; or

�� (b) Beginning after the deadline for filing the notice of election before any other election held by the district and ending on the day after the election.

�� (2) If the effective date established for the alteration of the boundaries is a date that is prohibited under this section, the alteration shall become effective on the day after the election.

�� (3) For the purposes of ORS 308.225 only, the effective date of an alteration of district boundaries shall be the date on which the board adopts the ordinance altering the boundaries or, if such an ordinance is initiated or referred, the date on which the ordinance is approved by the electors as provided in ORS 267.207.

�� (4) For purposes of ad valorem taxation, a boundary change must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS

ORS 165.657

165.657 to 165.673. [1989 c.983 �24; 2001 c.385 �8]

�� 165.673 Disclosure of results prohibited; exception. No law enforcement agency shall disclose lists of telephone numbers produced by a pen register or trap and trace device except in the performance of a law enforcement function or as otherwise provided by law or order of a court. [1989 c.983 �25]

�� 165.675 [Formerly 74.540; repealed by 1971 c.743 �432]

�� 165.680 [Formerly 74.550; repealed by 1971 c.743 �432]

FALSE CLAIMS FOR HEALTH CARE PAYMENTS

�� 165.690 Definitions for ORS 165.690, 165.692 and 165.694. As used in ORS 165.690, 165.692 and 165.694:

�� (1) �Claim for health care payment� means any request or demand for a health care payment, whether made in the form of a bill, claim form, cost report, invoice, electronic transmission or any other document. �Claim for health care payment� does not include any statement by a person on an application for coverage under a contract or certificate of health care coverage issued by an insurer, health care service contractor, health maintenance organization or other legal entity that is self-insured and provides health care benefits to its employees.

�� (2) �Health care payment� means money paid in compensation for the delivery of specified health care services, whether under a contract, certificate or policy of insurance, by a health care payor.

�� (3) �Health care payor� means:

�� (a) Any insurance company authorized to provide health insurance in this state;

�� (b) A health maintenance organization;

�� (c) A health care service contractor;

�� (d) Any legal entity that is self-insured and provides benefits for health care services to its employees;

�� (e) Any legal entity responsible for handling claims for health care services under a state or federal medical assistance program;

�� (f) The State of Oregon or any local government within this state that makes payments for health care services;

�� (g) Any insurer authorized under ORS chapter 731 to transact workers� compensation or casualty insurance in this state; or

�� (h) Any employer authorized under ORS chapter 656 to self-insure its workers� compensation risk.

�� (4) �Health care services� means any medical or remedial care or service, including supplies delivered in connection with the care or service, that is recognized under state law.

�� (5) �Person� means an individual, corporation, partnership or association that provides health care services or any other form of legal or business entity that provides health care services. [1995 c.496 �1; 2001 c.556 �1]

�� 165.692 Making false claim for health care payment. A person commits the crime of making a false claim for health care payment when the person:

�� (1) Knowingly makes or causes to be made a claim for health care payment that contains any false statement or false representation of a material fact in order to receive a health care payment; or

�� (2) Knowingly conceals from or fails to disclose to a health care payor the occurrence of any event or the existence of any information with the intent to obtain a health care payment to which the person is not entitled, or to obtain or retain a health care payment in an amount greater than that to which the person is or was entitled. [1995 c.496 �2]

�� 165.694 Aggregation of claims. (1) Single acts of making a false claim for health care payment may be added together into aggregated counts of making false claims for health care payments if the acts were committed:

�� (a) Against multiple health care payors by similar means within a 30-day period; or

�� (b) Against the same health care payor, or a contractor, or contractors, of the same health care payor, within a 180-day period.

�� (2) The charging instrument must identify those claims that are part of any aggregated counts. [1995 c.496 �3]

�� 165.696 Who may commence prosecution. The district attorney or the Attorney General may commence a prosecution under ORS 165.692. [1995 c.496 �6]

�� 165.698 Notice of conviction. The prosecuting attorney shall notify the Oregon Health Authority and any appropriate licensing boards of the conviction of a person under ORS 165.692. [1995 c.496 �5; 2009 c.595 �111]

IDENTITY THEFT AND RELATED OFFENSES

�� 165.800 Identity theft. (1) A person commits the crime of identity theft if the person, with the intent to deceive or to defraud, obtains, possesses, transfers, creates, utters or converts to the person�s own use the personal identification of another person.

�� (2) Identity theft is a Class C felony.

�� (3) It is an affirmative defense to violating subsection (1) of this section that the person charged with the offense:

�� (a) Was under 21 years of age at the time of committing the offense and the person used the personal identification of another person solely for the purpose of purchasing alcohol, tobacco products as defined in ORS 431A.175 or inhalant delivery systems as defined in ORS 431A.175; or

�� (b) Used the personal identification of another person solely for the purpose of misrepresenting the person�s age to gain access to a:

�� (A) Place the access to which is restricted based on age; or

�� (B) Benefit based on age.

�� (4) As used in this section:

�� (a) �Another person� means an individual, whether living or deceased, an imaginary person or a firm, association, organization, partnership, business trust, company, corporation, limited liability company, professional corporation or other private or public entity.

�� (b) �Personal identification� includes, but is not limited to, any written document or electronic data that does, or purports to, provide information concerning:

�� (A) A person�s name, address or telephone number;

�� (B) A person�s driving privileges;

�� (C) A person�s Social Security number or tax identification number;

�� (D) A person�s citizenship status or an identification number assigned to a noncitizen;

�� (E) A person�s employment status, employer or place of employment;

�� (F) The identification number assigned to a person by a person�s employer;

�� (G) The maiden name of a person or a person�s mother;

�� (H) The identifying number of a person�s depository account at a �financial institution� or �trust company,� as those terms are defined in ORS 706.008, or a credit card account;

�� (I) A person�s signature or a copy of a person�s signature;

�� (J) A person�s electronic mail name, electronic mail signature, electronic mail address or electronic mail account;

�� (K) A person�s photograph;

�� (L) A person�s date of birth; and

�� (M) A person�s personal identification number. [1999 c.1022 �1; 2001 c.870 �3; 2007 c.583 �1; 2013 c.158 �34; 2015 c.158 �25; 2017 c.701 �15; 2022 c.97 �4]

�� 165.803 Aggravated identity theft. (1) A person commits the crime of aggravated identity theft if:

�� (a) The person violates ORS 165.800 in 10 or more separate incidents within a 180-day period;

�� (b) The person violates ORS 165.800 and the person has a previous conviction for aggravated identity theft;

�� (c) The person violates ORS 165.800 and the losses incurred in a single or aggregate transaction are $10,000 or more within a 180-day period; or

�� (d) The person violates ORS 165.800 and has in the person�s custody, possession or control 10 or more pieces of personal identification from 10 or more different persons.

�� (2) Aggravated identity theft is a Class B felony.

�� (3) As used in this section, �previous conviction� includes:

�� (a) Convictions occurring before, on or after January 1, 2008; and

�� (b) Convictions entered in any other state or federal court for comparable offenses.

�� (4) The state shall plead in the accusatory instrument and prove beyond a reasonable doubt, as an element of the offense, the previous conviction for aggravated identity theft. [2007 c.584 �1]

�� 165.805 Misrepresentation of age by a minor. (1) A person commits the crime of misrepresentation of age by a minor if:

�� (a) Being less than a certain, specified age, the person knowingly purports to be of any age other than the true age of the person with the intent of securing a right, benefit or privilege which by law is denied to persons under that certain, specified age; or

�� (b) Being unmarried, the person knowingly represents that the person is married with the intent of securing a right, benefit or privilege which by law is denied to unmarried persons.

�� (2) Misrepresentation of age by a minor is a Class C misdemeanor.

�� (3)(a) In addition to and not in lieu of any other penalty established by law, if a person, using a driver permit or license or other identification issued by the Department of Transportation of this state or its equivalent in another state, commits the crime of misrepresentation of age by a minor in order to purchase or consume alcoholic liquor or cannabis:

�� (A) The person may be required to perform community service; and

�� (B) The court may order that the person�s driving privileges and right to apply for driving privileges be suspended for a period not to exceed one year upon:

�� (i) The person�s second or subsequent conviction or adjudication for an offense described in this paragraph;

�� (ii) The person�s first conviction or adjudication if the person has previously entered into a formal accountability agreement under ORS 419C.230 for an offense described in this paragraph; or

�� (iii) The person�s first conviction or adjudication if the offense involved the operation of a motor vehicle.

�� (b) If a court has issued an order suspending driving privileges under this section, the court, upon petition of the person, may withdraw the order at any time the court deems appropriate. The court notification to the department under this subsection may include a recommendation that the person be granted a hardship permit under ORS 807.240 if the person is otherwise eligible for the permit.

�� (4) The prohibitions of this section do not apply to any person acting under the direction of the Oregon Liquor and Cannabis Commission or a regulatory specialist or under the direction of state or local law enforcement agencies for the purpose of investigating possible violations of laws prohibiting sales of alcoholic beverages or marijuana items, as defined in ORS 475C.009, to persons who are under a certain, specified age.

�� (5) The prohibitions of this section do not apply to a person under the age of 21 years who is acting under the direction of a licensee for the purpose of investigating possible violations by employees of the licensee of laws prohibiting sales of alcoholic beverages or marijuana items, as defined in ORS

ORS 166.375

166.375; or

�� (b) To investigate, confirm or determine authorized staff�s compliance with laws, rules or policies related to the ownership or possession of a handgun or ammunition or the transportation and storage of a handgun or ammunition. [2015 c.246 �2]

�� Note: 423.045 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 423 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 423.050 [1965 c.616 �5; repealed by 1987 c.320 �246]

�� 423.055 Provision of personal hygiene products. The Department of Corrections institutions shall make available tampons, sanitary pads, postpartum pads and panty liners at no cost to all persons confined in a Department of Corrections institution for use in connection with vaginal discharge. The Department of Corrections shall maintain a sufficient supply, which shall be stored, dispensed and disposed of in a sanitary manner. The supply of products available shall include at least the following:

�� (1) Regular absorbent and super absorbent tampons;

�� (2) Regular absorbent and super absorbent sanitary pads;

�� (3) Postpartum pads; and

�� (4) Regular absorbent panty liners. [2019 c.489 �7]

�� 423.060 [1965 c.616 �6; 1969 c.597 �101; repealed by 1987 c.320 �246]

�� 423.070 Deposit and disbursement of funds received under Western Interstate Corrections Compact. All funds received by this state or by the Department of Corrections under a lawful contract with another party to the Western Interstate Corrections Compact made in compliance with Article III thereof, shall be paid into the State Treasury. The Director of the Department of Corrections shall expend these funds in compliance with the contract. [Formerly 179.122; 1987 c.320 �212]

�� 423.075 Director; appointment; duties; rules. (1) The Department of Corrections shall be under the supervision and control of a director who is responsible for providing for programs for the delivery to the public of the services assigned to the department, and for undertaking long-range planning necessary for the effective and efficient delivery of these services.

�� (2) The Governor shall appoint the director for a term of four years, but the director may be removed at any time during such term at the pleasure of the Governor. The appointment of the director is subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565.

�� (3) The director shall receive such salary as may be provided by law or, if not so provided, as may be fixed by the Governor, and shall be reimbursed for all expenses actually and necessarily incurred by the director in the performance of official duties.

�� (4) The director may appoint a deputy director, whose appointment is subject to approval by the Governor and who shall serve at the pleasure of the director. The deputy director shall have full authority to act for the director, subject to directions of the director. The appointment of the deputy director shall be by written order, filed with the Secretary of State.

�� (5) The Director of the Department of Corrections shall:

�� (a) For purposes of administration and control, and with the approval of the Governor, organize and reorganize the department in whatever manner the director deems necessary to conduct the work of the department.

�� (b) Appoint all subordinate superintendents, officers and employees, whether classified or unclassified, of the department, prescribe their duties and fix their compensation, subject to applicable provisions of the State Personnel Relations Law.

�� (c) Delegate to departmental employees such responsibilities and authority as the director determines to be necessary.

�� (d) Provide for the safety of all prisoners in the custody of the department and may adopt rules for the government and administration of the department. [1987 c.320 ��2,3]

�� 423.076 Director�s authority to grant peace officer power to corrections officer. (1) The Director of the Department of Corrections may grant to an individual corrections officer or classification of corrections officer all the powers and authority of a peace officer over adults in custody.

�� (2) A corrections officer granted the authority of a peace officer under subsection (1) of this section shall have the authority to:

�� (a) Prevent an escape from the grounds of a correctional facility by an adult in custody; and

�� (b) Go beyond the grounds of a correctional facility to:

�� (A) Pursue an adult in custody if the adult in custody is in the act of escaping from a correctional facility;

�� (B) Search for an adult in custody if the adult in custody is in the act of escaping from a correctional facility; and

�� (C) Recapture an adult in custody if the adult in custody is in the act of escaping from a correctional facility.

�� (3) A corrections officer who has been granted the authority of a peace officer under subsection (1) of this section shall retain the authority until the law enforcement agency having general jurisdiction over the area in which the escape or attempted escape of the adult in custody took place assumes responsibility for recapture of the adult in custody.

�� (4) The Department of Corrections shall inform the appropriate law enforcement agency of an escape or attempted escape of an adult in custody as soon as is reasonably practicable.

�� (5) As used in this section, �adult in custody� means a person sentenced to a period of incarceration in a prison or other correctional facility until such time as a lawful release authority authorizes the release of the person. [1991 c.879 �1; 2019 c.213 �98]

�� 423.077 Certification of department employees to provide mental health services; rules. (1) The Department of Corrections may certify employees of the department to provide mental health services to adults in custody in Department of Corrections institutions in accordance with standards established by the department by rule.

�� (2) As used in this section, �Department of Corrections institutions� has the meaning given that term in ORS 421.005. [2011 c.333 �1; 2019 c.213 �144]

�� 423.078 Visitors; visiting status; administrative review of status changes; rules. The Department of Corrections shall establish by rule an internal procedure for administrative review of decisions to revoke or restrict an approved visitor�s visiting status within a department facility. The department shall include in the internal procedure established under this section an opportunity for the person to obtain final administrative review of the disputed action from a department official who is assigned to the department�s central administration. [1999 c.679 �2]

�� 423.080 [1967 c.564 ��8,9; repealed by 1969 c.597 �281]

�� 423.085 Administrator of Correctional Education. (1) The Director of the Department of Corrections shall appoint an unclassified employee to the position of Administrator of Correctional Education.

�� (2) The Administrator of Correctional Education shall be employed full-time with authority over, and responsibility for, statewide corrections education programs. The administrator shall:

�� (a) Plan, design and implement the correctional education system required in ORS 421.081; and

�� (b) Recommend to the Director of the Department of Corrections rules as necessary to carry out the responsibilities of the office of Administrator of Correctional Education.

�� (3)(a) The Department of Corrections, through the Administrator of Correctional Education, may negotiate contracts with organizations and agencies to implement the provisions of ORS 421.081 and 421.084 and this section. The Department of Corrections, in discharging its duties under this section, shall honor provisions of existing collective bargaining agreements with current employees of the department that provide for contracting out.

�� (b) All moneys appropriated to the Department of Corrections for general, professional and technical education instruction shall be expended only for those purposes. [1977 c.435 �7; 1987 c.320 �213; 1989 c.363 �4; 1991 c.855 �1; 2007 c.15 �4]

�� 423.090 Establishment or designation of diagnostic facilities. The Department of Corrections may establish or designate facilities to be used for diagnostic purposes for such categories of persons as the department may by rule assign to the facility. Such assignments shall not exceed 60 days in duration. [1967 c.585 �1; 1987 c.320 �214]

�� 423.093 Reimbursement of expenses from prisoner; limitation. Neither the Department of Corrections nor any city or county may seek reimbursement for expenses incurred in safekeeping and maintaining prisoners through a counterclaim or request for setoff in an action by a person against the department or the county or city. [2001 c.641 �4]

�� 423.097 Department of Corrections Account. (1) The Department of Corrections Account is established in the General Fund of the State Treasury. Except for moneys otherwise designated by statute, all fees, assessments, proceeds from the issuance of certificates of participation and other moneys received by the Department of Corrections shall be paid into the State Treasury and credited to the account. All moneys in the account are continuously appropriated to the department for purposes authorized by law.

�� (2) The department shall keep a record of all moneys deposited in the account. The record shall indicate by separate cumulative accounts the sources from which the moneys are derived and the individual activity or program against which each withdrawal is charged.

�� (3) The department may accept gifts, grants and donations from any source to carry out the duties imposed upon the department. [1999 c.909 �10]

�� 423.100 Revolving fund. (1) On written request of the Department of Corrections, the Oregon Department of Administrative Services shall establish a revolving fund of not to exceed $15,000, including unreimbursed advances, by drawing warrants on amounts appropriated to the Department of Corrections for operating expenses. The revolving fund shall be deposited with the State Treasurer, to be held in a special account against which the department may draw checks.

�� (2) The revolving fund established under subsection (1) of this section may be used by the department to pay for:

�� (a) Travel expenses for employees of the department and for any consultants or advisors for whom payment of travel expenses is authorized by law, or advances therefor;

�� (b) Purchases not exceeding $100 each, which may be required from time to time;

�� (c) Receipt or disbursement of federal funds available under federal law;

�� (d) Emergency expenses of indigent adults in custody released on any form of temporary release or transitional leave; or

�� (e) Settlement of legal claims against the department in cases where immediate payment is necessary or advisable.

�� (3) The revolving fund shall be reimbursed by warrants drawn by the Oregon Department of Administrative Services upon the verified claims of the department charged against the appropriate fund or account. [1973 c.818 �5; 1974 c.13 �6; 1987 c.320 �215; 1989 c.790 �64; 2019 c.213 �145]

�� 423.105 Payment of court-ordered financial obligations; rules. (1) As used in this section:

�� (a) �Adult in custody� means a person who is at least 18 years of age and in the physical custody of the Department of Corrections. �Adult in custody� does not include:

�� (A) A person on leave from prison due to participation in an alternative incarceration program established under ORS 421.504 or 421.506 or short-term transitional leave under ORS 421.168.

�� (B) A person transferred into or out of department custody pursuant to an interstate corrections compact.

�� (C) A person in the physical custody of the Oregon Youth Authority.

�� (D) A person in the physical custody of a county jail or other county detention facility.

�� (b) �Collected moneys� means moneys that have been collected from an adult in custody trust account by the Department of Corrections pursuant to this section.

�� (c) �Court-ordered financial obligation� means:

�� (A) A compensatory fine imposed pursuant to ORS 137.101, an award of restitution as defined in ORS 137.103 or any other fines, fees or court-appointed attorney fees imposed in a criminal action;

�� (B) A child support obligation;

�� (C) A civil judgment including a money award in which the Department of Justice is a judgment creditor; or

�� (D) A civil judgment including a money award entered against an adult in custody resulting from an action for the assault or battery of a Department of Corrections or Oregon Corrections Enterprises employee.

�� (d) �Criminal action� has the meaning given that term in ORS 131.005.

�� (e) �Eligible moneys� means moneys deposited in an adult in custody trust account that are subject to collection under this section, including but not limited to adult in custody performance monetary awards and moneys received from family members or friends of the adult in custody. �Eligible moneys� does not include protected moneys.

�� (f) �Protected moneys� means moneys deposited in an adult in custody trust account that are not subject to collection under state or federal law or under this section including but not limited to:

�� (A) Disability benefits for veterans;

�� (B) Moneys received from a Native American tribe or tribal government;

�� (C) Moneys dedicated for medical, dental or optical expenses or emergency trips;

�� (D) Railroad retirement benefits; or

�� (E) Moneys paid as compensation to an adult in custody in a prison work program established under the Prison Industries Enhancement Certification Program, or a successor program designated by the United States Director of the Bureau of Justice Assistance pursuant to 18 U.S.C. 1761.

�� (2)(a) Notwithstanding ORS 161.675, the Department of Corrections shall collect eligible moneys from an adult in custody trust account if the adult in custody owes court-ordered financial obligations as described in this section.

�� (b) Notwithstanding any other provision of this section, the department may deduct a fixed percentage of each adult in custody performance monetary award made to an adult in custody, to be credited to a general victims assistance fund, before crediting the remainder of the award to the adult in custody trust account.

�� (3)(a) The Judicial Department shall provide an accounting to the Department of Corrections of court-ordered financial obligations described in subsection (1)(c)(A) of this section, if any, owed by each adult in custody. The Department of Justice shall provide an accounting of court-ordered financial obligations described in subsection (1)(c)(B) and (C) of this section. The accounting records may be provided electronically in a format agreed upon by the departments.

�� (b) Upon receipt of the accounting records described in paragraph (a) of this subsection, the Department of Corrections shall collect a portion of eligible moneys from the adult in custody trust account of each adult in custody as follows:

�� (A) Until an adult in custody not sentenced to death or to life imprisonment without the possibility of release or parole has $500 in a transitional fund to facilitate reentry after release, 10 percent of eligible moneys shall be collected for court-ordered financial obligations and five percent of eligible moneys shall be collected and transferred to the transitional fund.

�� (B) After the adult in custody has at least $500 in the transitional fund, or if the adult in custody has been sentenced to death or to life imprisonment without the possibility of release or parole, the department shall collect 15 percent of eligible moneys for court-ordered financial obligations.

�� (C) After court-ordered financial obligations have been paid, an adult in custody not sentenced to death or to life imprisonment without the possibility of release or parole may elect to continue to transfer five percent of eligible moneys into the transitional fund.

�� (c) Notwithstanding ORS 18.615 or any other provision of law, while moneys held in a transitional fund described in this subsection remain within the custody or control of the Department of Corrections, those moneys are neither assignable nor subject to execution, garnishment, attachment or any other process.

�� (4) There are four levels of priority for the application of collected moneys to court-ordered financial obligations, with Level I obligations having the highest priority and Level IV obligations having the lowest priority. The levels are as follows:

�� (a) Level I obligations are compensatory fines imposed pursuant to ORS 137.101, awards of restitution defined in ORS 137.103 and fines, fees or court-appointed attorney fees imposed in a criminal action.

�� (b) Level II obligations are civil judgments that include a money award in which the Department of Justice is a judgment creditor.

�� (c) Level III obligations are child support obligations.

�� (d) Level IV obligations are civil judgments including a money award entered against an adult in custody resulting from an action for the assault or battery of a Department of Corrections or Oregon Corrections Enterprises employee.

�� (5)(a) After receiving the accounting records described in subsection (3) of this section, the Department of Corrections shall disburse the collected moneys for court-ordered financial obligations to the Department of Justice and the Judicial Department, as appropriate.

�� (b) The Department of Justice and the Judicial Department shall apply the collected moneys received from the Department of Corrections under this subsection to the court-ordered financial obligations of an adult in custody according to the priority levels of the obligations.

�� (6)(a) The Department of Justice may create a subaccount in which to deposit the collected moneys received from the Department of Corrections under this section.

�� (b) The Judicial Department may create a subaccount in which to deposit the collected moneys received from the Department of Corrections under this section.

�� (c) The Department of Corrections may create subaccounts for the purposes of storing collected moneys prior to disbursement under this section.

�� (7) The Department of Corrections, the Department of Justice and the Judicial Department may adopt rules to implement this section. [2017 c.692 �1; 2018 c.120 �8; 2019 c.213 �99; 2019 c.474 ��3a,3b; 2023 c.108 �7]

�� 423.110 Acceptance of moneys for reentry services; subaccount established; grants to counties. (1) The Department of Corrections may apply for and accept federal grants or moneys, as well as grants or other financial assistance from any other source, for the purpose of providing reentry support and services to offenders released on supervision.

�� (2) There is established in the Department of Corrections Account established under ORS

ORS 169.150

169.150 and 169.220, when a person is lawfully confined in a county local correctional facility for violation of a city ordinance, for nonpayment of a fine imposed by a municipal court or as a result of a warrant of arrest issued by a magistrate in another county, the county in which the warrant was issued or the city shall be liable for the costs of medical care provided to the person while confined in the county local correctional facility. The keeper of the local correctional facility shall bill the other county or city for the actual cost of the medical care provided, and the other county or city shall pay the charges within 60 days after receiving the cost statement from the keeper. [1985 c.530 �2]

�� 169.153 Liability of public agency for costs of medical care provided to persons in transport. (1) Subject to ORS 30.260 to 30.300 and 414.805, payment of the costs of medical care provided to a person who becomes ill or is injured while being lawfully transported in the custody of a law enforcement officer at the request of a public agency other than the public agency by which the officer is employed is the responsibility of the public agency that requested the transportation of the person.

�� (2) As used in this section, �law enforcement officer� and �public agency� have the meanings given those terms by ORS 414.805. [1985 c.530 �3; 1993 c.196 �5]

�� 169.155 Definitions for ORS 169.155 and 169.166. As used in ORS 169.166 and this section:

�� (1) �Local correctional facility� includes lockups and temporary hold facilities.

�� (2) �Reasonable efforts to collect the charges and expenses� means that the provider has billed the individual to whom the emergency medical services were provided or the insurer or health care service contractor of the individual before seeking to collect from the keeper of the local correctional facility. [1979 c.530 �4; 1993 c.196 �6]

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

�� 169.165 [1979 c.530 �2; 1981 c.690 �1; repealed by 1993 c.196 �12]

�� 169.166 Liability for costs of medical services. Notwithstanding ORS 169.140 and 169.150 and except as otherwise provided in ORS 414.805 and 414.807:

�� (1) An individual who receives medical services not provided by the county or city while in the custody of a local correctional facility or juvenile detention facility is liable:

�� (a) To the provider of the medical services not provided by the county or city for the charges and expenses therefor; and

�� (b) To the keeper of the local correctional facility for any charges or expenses paid by the keeper of the facility for the medical services not provided by the county or city.

�� (2) A person providing medical services not provided by the county or city to an individual described in subsection (1)(a) of this section shall first make reasonable efforts to collect the charges and expenses thereof from the individual before seeking to collect them from the keeper of the local correctional facility.

�� (3)(a) Except as otherwise provided in subsection (4) of this section, if the provider has not been paid within 45 days of the date of the billing, the provider may bill the keeper of the local correctional facility who shall pay the account in accordance with ORS 169.140 and 169.150.

�� (b) A bill submitted to the keeper of a local correctional facility under this subsection must be accompanied by evidence documenting that:

�� (A) The provider has billed the individual or the individual�s insurer or health care service contractor for the charges or expenses owed to the provider; and

�� (B) The provider has made a reasonable effort to collect from the individual or the individual�s insurer or health care service contractor the charges and expenses owed to the provider.

�� (c) If the provider receives payment from the individual or the insurer or health care service contractor after receiving payment from the keeper of the facility, the provider shall repay the keeper the amount received from the keeper less any difference between payment received from the individual, insurer or contractor and the amount of the billing.

�� (4) Except as otherwise provided by ORS 30.260 to 30.300 and federal civil rights laws, upon release of the individual from the actual physical custody of the local correctional facility, the keeper of the local correctional facility is not liable for the payment of charges and expenses for medical services provided to the individual. [1991 c.778 �6; 1999 c.801 �3; 2007 c.71 �53]

�� Note: 169.166 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 169 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 169.170 Assignment of county prisoners to public works; rules. All convicts sentenced by any court or legal authority, whether in default of the payment of a fine, or committed for a definite number of days to serve sentence in a county local correctional facility, during the period of such sentence, for the purposes of ORS 169.120 and 169.170 to 169.210, are under the exclusive and absolute control of the county court or board of county commissioners of the county in which the crime was committed for which the convict was sentenced. The court or board has full power to place such convicts under the control of any road supervisor or other person appointed to take charge of them, and to cause them to work upon the public roads of the county, or such other work of a public nature as said court or board may direct. All such convicts shall be delivered to the supervisor or other person appointed to take charge of them, upon the written request of the court or board. The sheriff shall obtain a receipt from the person to whom such convicts are delivered for each of the convicts, and thereupon the sheriff�s liability ceases. The county court may at any time return any convict, taken under the provisions of this section, to the sheriff, who shall thereupon take charge of the convict. The court or board is authorized and directed to provide rules and regulations in regard to the employment of said convicts not inconsistent with ORS 169.170 to 169.210. [Amended by 1959 c.530 �7; 1973 c.740 �17]

�� 169.180 Assignment of city prisoners to public works. All convicts sentenced by any court or legal authority in any city, whether in default of the payment of a fine or committed for a definite number of days to serve sentence in any local correctional facility, during the period of the sentence shall, with the consent of the proper city authorities and for the purposes of ORS 169.120 and 169.170 to

ORS 171.562

171.562 and 171.565. Except as otherwise provided in ORS 238.640, the term of each member shall be three years. The Governor shall designate one member to serve as chairperson, who shall serve as chairperson at the pleasure of the Governor.

�� (2) The board shall have:

�� (a) The powers and privileges of a corporation, including the right to sue and be sued in its own name as such board; and

�� (b) The power and duty, subject to the limitations of this chapter and ORS chapter 238A, of managing the system.

�� (3) The board:

�� (a) Shall arrange for actuarial service for the system;

�� (b) Shall employ a director;

�� (c) Shall create such other positions as it deems necessary to sound and economical administration of the system, which positions the director shall fill by appointment;

�� (d) Shall, with the approval of the Director of the Oregon Department of Administrative Services, and as otherwise provided by law, fix the salaries of all persons employed for purposes of administering the system;

�� (e) Shall publish and distribute to all employer and employee members of the system an annual report including a summary of investments of moneys in the fund, investment earnings, significant legislative or administrative changes in the system and other pertinent information on the operation of the system for the preceding year;

�� (f) Shall determine the actuarial equivalency of optional forms of retirement allowances and pensions and adopt for that purpose the necessary actuarial equivalency factor tables in the manner provided by ORS 238.607, which shall constitute a part of the system; and

�� (g) Shall adopt rules and take all actions necessary to maintain qualification of the Public Employees Retirement System and the Public Employees Retirement Fund as a qualified governmental retirement plan and trust under the Internal Revenue Code and under regulations adopted pursuant to the Internal Revenue Code. Rules under this paragraph may impose limits on contributions to the system, limits on benefits payable from the system and other limitations or procedures required or imposed under federal law or regulation for the purpose of qualification of the Public Employees Retirement System and Public Employees Retirement Fund under the Internal Revenue Code as a governmental retirement plan and trust.

�� (4) The board established by this section shall succeed to all the duties and prerogatives of the Public Employees Retirement Board created by chapter 401, Oregon Laws 1945, in relation to the Public Employees Retirement Fund, and in addition shall perform all duties required of it by ORS 237.950 to 237.980, in regard to moneys payable to or from such fund.

�� (5) The board shall identify by rule those records that must be maintained by participating public employers for the purposes of subsection (3)(g) of this section. A participating public employer shall maintain records for all employees who are members of the system as required by board rules, and shall provide that information to the board upon request. [Formerly 237.251; 1997 c.121 �3; 2001 c.945 �6; 2003 c.68 �8; 2003 c.69 �1; 2003 c.733 �57]

�� 238.635 Board consideration of system goals and objectives. The Public Employees Retirement Board shall include a study of accounting, reporting and related subjects when considering the goals and objectives of the Public Employees Retirement System. [Formerly 237.253]

�� 238.640 Qualifications of board members. (1) All members of the Public Employees Retirement Board must be at least 21 years of age, be citizens of the United States and have been residents of the state for at least two years immediately preceding appointment to the board.

�� (2) One member of the board must be:

�� (a) An employee of the state in a management position at the time of appointment and throughout the term of appointment; or

�� (b) A person who holds an elective office, by election or appointment, in the governing body of a participating public employer, other than the state.

�� (3) One member of the board must be either:

�� (a) A retired member of the Public Employees Retirement System who retired from a position in an appropriate bargaining unit as defined in ORS 243.650; or

�� (b) A public employee, as defined in ORS 243.650, who is in an appropriate bargaining unit, as defined in ORS 243.650, and who has an exclusive representative at the time of the member�s appointment and throughout the term of the member. Membership on the board does not affect the status of the person as a public employee, as defined in ORS 243.650.

�� (4) Three members of the board must have experience in business management, pension management or investing. A member appointed under this subsection may not be a member of the Public Employees Retirement System or a beneficiary of a member of the system, and may not have any interest in benefits provided by the system.

�� (5) Notwithstanding the qualifications established for members of the board under this section, all members of the board have the same fiduciary duties and must exercise the same degree of independent judgment.

�� (6) Any vacancy on the board shall be filled by appointment for the unexpired term of the member replaced. Members of the board may be reappointed.

�� (7) Except as provided in subsection (8) of this section, a member of the board is entitled to compensation and expenses as provided in ORS 292.495 from the Public Employees Retirement Fund.

�� (8) Any member of the board who is an active member of the system shall be released by the participating public employer who employs the member for the purpose of conducting the official business of the board. The wages or salary of the member shall not be reduced during periods that the member is released from duty for the purpose of conducting the official business of the board. The board shall reimburse a public employer for the cost of continuing the wages or salary of the member while the member is released from duty under this subsection. A member who continues to receive wages or salary under the provisions of this subsection shall not receive compensation under ORS 292.495, but shall receive travel and other expenses provided for under ORS 292.495. The provisions of this subsection do not apply to any person who is a member of the board and who holds another office that is subject to the provisions of section 10, Article II of the Oregon Constitution, prohibiting the holding of more than one lucrative office. [Formerly 237.255; 1997 c.324 �1; 2001 c.945 �6a; 2003 c.69 �2; 2010 c.1 �1]

�� 238.645 Director and staff. The system shall be administered, subject to the limitations of this chapter, ORS chapter 238A and the budget prescribed by the board, by the director provided for by ORS 238.630 and by a staff which the board authorizes and which the director appoints. The director shall hold that position during the discretion of the board and the members of the staff shall hold their respective positions during the discretion of the director. No member of the staff may be removed from it, however, in a manner contrary to the laws of the state regarding civil service. The director shall furnish such bond as is required by the board. [Formerly 237.259; 2003 c.733 �58]

�� 238.646 Authority of Director of Public Employees Retirement System to require fingerprints. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Director of the Public Employees Retirement System may require the fingerprints of a person who:

�� (1)(a) Is employed or applying for employment by the system; or

�� (b) Provides services or seeks to provide services to the system as a contractor, vendor or volunteer; and

�� (2) Is, or will be, working or providing services in a position:

�� (a) In which the person is providing information technology services and has control over, or access to, information technology systems that would allow the person to harm the information technology systems or the information contained in the systems;

�� (b) In which the person has access to information, the disclosure of which is prohibited by state or federal laws, rules or regulations or information that is defined as confidential under state or federal laws, rules or regulations;

�� (c) That has payroll functions or in which the person has responsibility for receiving, receipting or depositing money or negotiable instruments, for billing, collections or other financial transactions or for purchasing or selling property;

�� (d) That has mailroom duties as the primary duty or job function of the position;

�� (f) In which the person provides security, design or construction services for government buildings, grounds or facilities; or

�� (g) In which the person has responsibility for auditing within the system. [2005 c.730 �76]

�� Note: 238.646 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 238 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 238.650 Rules of board; written plan document. (1) Subject to the limitations of this chapter and ORS chapter 238A, the Public Employees Retirement Board shall, from time to time, establish rules for transacting its business and administering the system in accordance with the requirements of ORS chapter 183.

�� (2) All rules adopted by the board become part of the written plan document of the Public Employees Retirement System for the purpose of the status of the system and the Public Employees Retirement Fund as a qualified governmental retirement plan and trust under the Internal Revenue Code and under regulations adopted pursuant to the Internal Revenue Code. [Formerly 237.263; 1999 c.317 �1; 2003 c.733 �59]

�� 238.655 Procedure for board hearings. In order to determine any facts necessary to the administration of the retirement system, the board may conduct hearings, subpoena and examine witnesses and require any person having custody thereof to bring before the board any book, record, document, certificate, writing, article or thing necessary to a determination of facts. The chairperson or member of the board acting in such capacity shall have authority to administer oaths. The procedure in such hearings shall be informal. Fees shall not be paid to witnesses who are public officers or employees, whether or not their employer is participating in the system. No public employer shall make deduction from the compensation of public officers or employees because of absence from their respective positions in order to be examined as witnesses before the board. The fees of other witnesses and mileage of any witness shall be as allowed by law to witnesses in ORS 44.415 (2). Fees and mileage and all other necessary disbursements in connection with a hearing shall be paid by the public employer whose failure or refusal to supply any facts requested of it by the board made necessary such hearing. [Formerly 237.315]

�� 238.657 Board counsel. The Attorney General shall consult with the Governor on appointment of separate counsel pursuant to ORS 180.235 to represent the Public Employees Retirement Board in any matter or in any class of matters in which the benefits payable under the Public Employees Retirement System are at issue, including but not limited to defending the provisions of chapter 67, Oregon Laws 2003. [2003 c.67 �14a; 2005 c.22 �180]

�� Note: Legislative Counsel has substituted �chapter 67, Oregon Laws 2003,� for the words �this 2003 Act� in section 14a, chapter 67, Oregon Laws 2003, compiled as 238.657. Specific ORS references have not been substituted, pursuant to 173.160. The sections for which substitution otherwise would be made may be determined by referring to the 2003 Comparative Section Table located in Volume 22 of ORS.

(Public Employees Retirement Fund)

�� 238.660 Fund generally; board review of legislative proposals. (1) The Public Employees Retirement Fund is declared to be a trust fund, separate and distinct from the General Fund, for the uses and purposes set forth in this chapter and ORS chapter 238A and ORS 237.950 to 237.980, and for no other use or purpose, except that this provision shall not be deemed to amend or impair the force or effect of any law of this state specifically authorizing the investment of moneys from the fund. Interest earned by the fund shall be credited to the fund. Except as otherwise specifically provided by law, the Public Employees Retirement Board established by ORS 238.630 is declared to be the trustee of the fund. Consistent with the legislative intent expressed in ORS 238.601, and to the extent it is consistent with the board�s fiduciary duties, the board shall give equal consideration to the interests of participating public employers and the interests of members. Nothing in this subsection shall be construed to impose a fiduciary duty on the board to consider the interests of public employers, and the board shall consider the interests of public employers only with respect to matters unrelated to the board�s fiduciary duties as trustee of the fund.

�� (2) Until all liabilities to members and their beneficiaries are satisfied, assets of the fund may not be diverted or otherwise put to any use that is not for the exclusive benefit of members and their beneficiaries. This subsection does not limit return of employer contributions for health benefits in the manner provided by ORS 238.410, 238.415 and 238.420 upon satisfaction of all liabilities for health benefits under those sections.

�� (3) The State of Oregon and other public employers that make contributions to the fund have no proprietary interest in the fund or in the contributions made to the fund by them. The state and other public employers disclaim any right to reclaim those contributions and waive any right of reclamation they may have in the fund. This subsection does not prohibit alteration or refund of employer contributions if the alteration or refund is authorized under this chapter or ORS chapter 238A and is due to erroneous payment or decreased liability for employer contributions under the system. This subsection does not prohibit the offset of contributions to the individual account program under ORS 238.229 (5).

�� (4) The board may accept gifts of money or other property from any source, given for the uses and purposes of the system. Money so received shall be paid into the fund. Money or other property so received shall be used for the purposes for which received. Unless otherwise prescribed by the source from which the money or other property is received, the money shall be considered as income of the fund and the other property shall be retained, managed and disposed of as are investments of the fund.

�� (5) All moneys paid into the fund shall be deposited with the State Treasurer, who shall be custodian of the fund and pay all warrants drawn on it in compliance with law. No such warrant shall be paid until the claim for which it is drawn is first approved by the director or designee and otherwise audited and verified as required by law. Monthly, each beneficiary�s gross benefit shall be calculated; applicable deductions made for taxes, insurance and other withholdings; and the net amount paid to the beneficiary, by check or by electronic funds transfer (EFT) to the beneficiary�s bank. A deduction summary shall be made, by type, and a check issued for the aggregate of each type for transmittal to the appropriate taxing jurisdiction, vendor or institution. A voucher shall be prepared and transmitted to the Oregon Department of Administrative Services for reimbursement of the checking account, and the department shall draw a warrant on the State Treasurer, payable to the Public Employees Retirement System, for the amount thereof.

�� (6) Any warrant, check or order for the payment of benefits or refunds under the system out of the fund issued by the board which is canceled, declared void or otherwise made unpayable pursuant to law because it is outstanding and unpaid for a period of more than two years, may be reissued by the board without bond if the payee is located after such warrant, check or order is canceled, declared void or otherwise made unpayable pursuant to law.

�� (7) All references in this chapter to checks or warrants are subject to the provisions of ORS 291.001.

�� (8) The board shall provide for an annual audit of the retirement fund and for an annual report to the Legislative Assembly and to all members of, retirees of, and all employers participating in, the system. The annual report must contain financial statements prepared in accordance with generally accepted accounting principles. The financial statements must include the report of any independent auditor.

�� (9) The board may review legislative proposals for changes in the benefits provided under this chapter and ORS chapter 238A and may make recommendations to committees of the Legislative Assembly on those proposed changes. In making recommendations under this subsection, the board acts as a policy advisor to the Legislative Assembly and not as a fiduciary. In making recommendations under this subsection on the Oregon Public Service Retirement Plan established by ORS chapter 238A, the board shall seek to maintain the balance between benefits and costs, and the relative risk borne by employers and employees with respect to investment performance, reflected in ORS chapter 238A as in effect on January 1, 2004.

�� (10) The board shall appoint a committee to advise the board on legislative proposals for changes in the benefits provided under this chapter and ORS chapter 238A. The committee must have an equal number of members representing labor and management. No costs of reviewing legislative proposals and making recommendations under this subsection may be charged to the fund. Any member of the committee who is an active member of the system shall be released by the participating public employer who employs the member for the purpose of conducting the official business of the committee, and the wages or salary of the member may not be reduced by the employer during periods that the member is released from duty for the purpose of conducting the official business of the committee. [Formerly 237.271; 1997 c.121 �1; 1999 c.317 �8; 1999 c.407 �6; 2001 c.945 �3; 2003 c.17 �2; 2003 c.625 �29; 2003 c.733 �60; 2009 c.889 �2]

�� 238.661 Moneys in fund appropriated to board. Moneys in the Public Employees Retirement Fund are continuously appropriated to the Public Employees Retirement Board to carry out the purposes of this chapter and ORS chapter 238A. [2001 c.716 �10; 2003 c.733 �61]

�� 238.665 Contributions and interest not included in board�s budget. Contributions required by this chapter or ORS chapter 238A to be placed in the retirement fund, and interest required to be allocated to the member accounts of members of the retirement system and to participating employers, shall not be included in the biennial departmental budget of the board. [Formerly 237.279; 2001 c.945 �64; 2003 c.733 �62]

�� 238.667 [2001 c.945 �17; repealed by 2003 c.67 �38]

�� 238.670 Reserve accounts in fund. (1) At the close of each calendar year in which the earnings on the Public Employees Retirement Fund equal or exceed the assumed interest rate established by the Public Employees Retirement Board under ORS 238.255, the board shall set aside, out of interest and other income received through investment of the Public Employees Retirement Fund during that calendar year, such part of the income as the board may deem advisable, not exceeding seven and one-half percent of the combined total of such income, which moneys so segregated shall remain in the fund and constitute therein a reserve account. The board shall continue to credit the reserve account in the manner required by this subsection until the board determines that the reserve account is adequately funded for the purposes specified in this subsection, but the board may not credit further amounts to the reserve account if the amounts in the reserve account exceed $50 million. Such reserve account shall be maintained and used by the board to prevent any deficit of moneys available for the payment of retirement allowances, due to interest fluctuations, changes in mortality rate or, except as provided in subsection (3) or (4) of this section, other contingency. In addition, the reserve account may be used by the board for the following purposes:

�� (a) To prevent any deficit in the fund by reason of the insolvency of a participating public employer. Reserves under this paragraph may be funded only from the earnings on employer contributions made under ORS 238.225.

�� (b) To pay any legal expenses or judgments that do not arise in the ordinary course of adjudicating an individual member�s benefits or an individual employer�s liabilities.

�� (2) At the close of each calendar year, the board shall set aside, out of interest and other income received during the calendar year, after deducting the amounts provided by law and to the extent that such income is available, a sufficient amount to credit to the reserves for pension accounts and annuities varying percentage amounts adopted by the board as a result of periodic actuarial investigations. If total income available for distribution exceeds those percentages of the total accumulated contributions of employees and employers, the reserves for pensions and annuities shall participate in such excess.

�� (3) The board may set aside, out of interest and other income received through investment of the fund, such part of the income as the board considers necessary, which moneys so segregated shall remain in the fund and constitute one or more reserve accounts. Such reserve accounts shall be maintained and used by the board to offset gains and losses of invested capital. The board, from time to time, may cause to be transferred from the reserve account provided for in subsection (1) of this section to a reserve account provided for in this subsection such amount as the board determines to be unnecessary for the purposes set forth in subsection (1) of this section and to be necessary for the purposes set forth in this subsection.

�� (4) The board may provide for amortizing gains and losses of invested capital in such instances as the board determines that amortization is preferable to a reserve account provided for in subsection (3) of this section. [Formerly 237.281; 2001 c.945 �5; 2017 c.746 �11; 2020 s.s.2 c.10 �14]

�� 238.671 Proposal to legislative review agency for crediting of interest or income. At least 30 days before crediting any interest or other income received through investment of moneys to any fund or account, the Public Employees Retirement Board shall submit a preliminary proposal for crediting to the appropriate legislative review agency, as defined in ORS 291.371, for its review and comment. The proposal shall identify gross earnings, investment expenses and administrative expenses, by fund or account, related to the crediting of the interest or other income. [2020 s.s.2 c.10 �13]

�� 238.672 Crediting of earnings to employer upon death or retirement of member. Upon the death or retirement of a member of the Public Employees Retirement System, the Public Employees Retirement Board shall credit earnings to the participating public employer or employers that employed the member. The board shall credit earnings to the amounts charged to each employer by reason of the death or retirement. The earnings rate used by the board shall be the same rate that the board uses for crediting member accounts at the time the charge is made. [2001 c.945 �21]

�� 238.675 Transfer of unclaimed death benefit or account balance to other account or reserve. (1)(a) Any benefit payment that is payable as the result of the death of a member may be transferred by the Public Employees Retirement Board to another account or reserve in the fund if:

�� (A) The total benefit payable to the beneficiaries designated by the deceased member is less than $250 in amount;

�� (B) Ten years have passed since the death of the member; and

�� (C) No claim has been made for the benefit payment.

�� (b) Amounts transferred under this section shall be credited to accounts or reserves in the fund designated by the board in its discretion.

�� (c) The board shall establish procedures for the filing of a delayed claim by a beneficiary of a deceased member who would otherwise be entitled to receive a benefit payment. Delayed claims may be filed after the 10-year period provided for in paragraph (a) of this subsection.

�� (2)(a) The Public Employees Retirement Board may transfer the amount credited to the member account of a former member to another account or reserve in the fund if:

�� (A) The total amount credited to the member account of the former member is less than $250;

�� (B) The membership of the person in the system has been terminated under the provisions of ORS 238.095 (2) or the membership of the person in the pension program or individual account program has been terminated under ORS 238A.110 or 238A.310; and

�� (C) Ten years have passed since the former member ceased to be a member of the system and no claim has been made for payment of the amount credited to the member account of the former member.

�� (b) Amounts transferred under this section shall be credited to reserves or accounts in the fund designated by the board in its discretion.

�� (c) The board shall establish procedures for the filing of a delayed claim by a former member of the system who would otherwise be entitled to receive amounts credited to the member account of the former member. Delayed claims may be filed after the 10-year period provided for in paragraph (a) of this subsection. [Formerly

ORS 173.927

173.927.

�� (2) The Legislative Equity Officer may employ and fix the compensation of such professional assistants and other employees as the officer deems necessary for the work under the officer�s charge.

�� (3) The Legislative Equity Officer may enter into contracts to carry out the functions of the Legislative Equity Office. [2019 c.604 �5]

�� 173.912 Contracting for independent investigator; investigator duties. (1) Under the direction of the Joint Committee on Conduct, the Legislative Equity Officer shall contract with one or more individuals who are unaffiliated with the legislative branch and who meet the standards and criteria established by the committee for performing services for the legislative branch as an independent investigator. An independent investigator shall:

�� (a) Receive complaints and reports alleging harassment or other conduct that is asserted to violate standards of harassment, discrimination or retaliation prescribed by legislative branch personnel rules;

�� (b) Conduct investigations, determine facts, write investigative reports and report outcomes of investigations to appointing authorities or other persons or entities identified in legislative branch personnel rules or chamber rules as recipients of independent investigator reports; and

�� (c) Make recommendations regarding interim safety measures to appointing authorities or other persons or entities identified in legislative branch personnel rules or chamber rules as recipients of independent investigator recommendations on interim safety measures.

�� (2) An independent investigator may not have access to confidential files and records of the Legislative Equity Officer. [2019 c.604 �6]

�� 173.915 Respectful workplace training. (1) The Legislative Equity Officer shall at least once each calendar quarter conduct a minimum of two hours of respectful workplace training, including training on:

�� (a) Legislative branch workplace harassment avoidance policies and rules;

�� (b) Legislative branch procedures and rules for reporting or filing complaints to address instances of harassment; and

�� (c) Free speech and free expression rights guaranteed under the Oregon and United States Constitutions.

�� (2) The training described in subsection (1) of this section must be attended annually by all legislators, legislative staff, legislative interns, legislative volunteers and lobbyists who are required to register with the Oregon Government Ethics Commission. Employees of contractors who reasonably expect to be regularly present in the State Capitol must also attend the training described in subsection (1) of this section. Executive branch and judicial branch personnel who are regularly present in the State Capitol may be invited to attend the training. The Legislative Equity Officer shall record attendance at the trainings and shall make attendance records publicly available.

�� (3)(a) The Legislative Equity Officer shall make the training described in subsection (1) of this section available online. The officer shall maintain records of all persons who have taken online training.

�� (b) The online training described in this subsection is intended to be a last-resort alternative to the in-person training described in subsection (1) of this section. Except for a registered lobbyist whose principal office is outside of this state, an individual required to attend training under this section may substitute online training for in-person attendance only once in any two-year period.

�� (4)(a) The Legislative Equity Officer shall strive to present the training in small group settings and employ best practices to maximize attendance at in-person trainings.

�� (b) Of the trainings described in subsection (1) of this section, at least one training session annually shall be on basic requirements under legislative branch personnel rules and at least one training session annually shall be an in-depth focus on one of the following topics:

�� (A) Conduct that constitutes harassment under legislative branch personnel rules or other law;

�� (B) Specific guidance addressing subtle forms of discrimination and harassment that become unlawful because of the pervasiveness of the conduct;

�� (C) Available methods of reporting harassment;

�� (D) Supervisor obligations to report harassment;

�� (E) The authority every individual has to withdraw consent to intimate conduct and the challenges associated with consensual relationships in the workplace;

�� (F) Examples of positive workplace behaviors and constructive working relationships;

�� (G) Skills necessary for individuals to become active bystanders who promote culture change and oppose harassing behavior they observe in the workplace;

�� (H) Methods for discouraging behavior that does not promote a productive and inclusive work environment;

�� (I) The human impact and harm to the work environment that harassment causes; or

�� (J) Free speech and free expression rights guaranteed under the Oregon and United States Constitutions.

�� (5) The Legislative Equity Officer may contract with other persons or entities with experience performing harassment avoidance and respectful workplace training for the performance of the training described in this section.

�� (6) The Legislative Equity Officer shall employ best practices in:

�� (a) Developing training content described in this section and delivery methodologies for the training content; and

�� (b) Writing and publishing written guidance on Legislative Branch Rules and policies relating to:

�� (A) Promoting a respectful and inclusive workplace;

�� (B) Reporting or filing complaints about harassing, discriminatory or retaliatory behavior, or other behavior prohibited by branch rules or policies; and

�� (C) Understanding options available to those who are experiencing behavior prohibited by branch rules or policies.

�� (7) The Legislative Equity Officer shall consult with the Legislative Administrator and the committee described in ORS 173.921 (2) in the development of respectful workplace training. [2019 c.604 �7; 2019 c.604 �9]

�� 173.918 Adopting policies for lobbyist respectful workplace training. The Joint Committee on Conduct established under ORS 173.900 may adopt policies that establish content and duration requirements for training sessions described in ORS 171.742. [2019 c.604 �24]

�� 173.921 Culture and climate surveys. (1) The Legislative Equity Officer shall regularly conduct culture and climate surveys of legislators, legislative staff, lobbyists and others who regularly interact with the legislative branch to ascertain the alignment between stated legislative branch policies and goals relating to workplace culture and standards of behavior, and actual beliefs and experiences of those who work in the legislative branch or regularly interact with the legislative branch. The officer shall make the results of culture and climate surveys publicly available.

�� (2) If a diversity, equity and inclusion committee composed of members of the Legislative Assembly and partisan and nonpartisan staff of the legislative branch exists at the time of consultation, the Legislative Equity Officer shall consult with the committee on culture and climate surveys, training, building policies and practices that may affect legislative branch employees.

�� (3) The Legislative Equity Officer may contract with other persons or entities with experience conducting culture and climate surveys to conduct the surveys described in subsection (1) of this section.

�� (4) The Legislative Equity Officer may collaborate with the Legislative Administrator to provide training, coaching and the production of materials intended to improve State Capitol culture and on matters other than workplace harassment. [2019 c.604 �11]

�� 173.924 Reporting harassment to Legislative Equity Officer. (1) The Legislative Equity Officer shall be available to receive information from any individual about harassing behavior occurring in the State Capitol or involving legislators, legislative staff, lobbyists or others who are present in the State Capitol or who engage with legislators, legislative staff or lobbyists, whether in the State Capitol or elsewhere.

�� (2) The Legislative Equity Officer shall provide confidential process counseling to individuals who believe they have experienced or observed harassment, including but not limited to:

�� (a) Providing information on legislative branch personnel rules, policies and reporting processes; and

�� (b) Providing information on the extent to which information may be kept confidential or may be subject to disclosure.

�� (3) If the Legislative Equity Officer receives information concerning conduct that is inconsistent with a respectful workplace policy adopted by the Joint Committee on Conduct but that does not rise to the level of creating a hostile work environment or violating public accommodation law, the officer shall refer the reporter to the Legislative Administrator.

�� (4) The Legislative Equity Officer may not engage in any investigation following a report or complaint alleging harassment or following any consultation described in subsection (1) or (2) of this section.

�� (5) The Legislative Equity Officer may not share any information acquired during a disclosure or consultation made confidential by legislative rule with an independent investigator performing services under ORS 173.912, except that nonpersonally identifiable information may be disclosed to facilitate the taking of any action that is consistent with legislative rules and with the principles of the Due Process Clause of the United States Constitution. [2019 c.604 �12]

�� 173.927 Establishing and maintaining Capitol Leadership Team; team duties. (1) The Legislative Equity Officer shall establish and maintain a Capitol Leadership Team, consisting of legislators, legislative staff, lobbyists, executive and judicial branch staff who regularly interact with the legislative branch, employees of contractors who regularly interact with the legislative branch, and interested members of the public, who have an interest in promoting a productive and inclusive environment in the State Capitol and at functions and events outside of the State Capitol at which legislators, staff, lobbyists and others interact. The officer shall give preference to interested individuals who wish to serve on the team and who also have had experience working on issues related to diversity, equity and inclusion. Capitol Leadership Team members who are legislators or partisan legislative staff shall be composed equally of those affiliated with the majority party and the minority party, so that there are equal numbers of legislators from the majority party and from the minority party and equal numbers of partisan staff team members from the majority party and from the minority party.

�� (2) The Legislative Administrator shall provide members of the Capitol Leadership Team with advanced respectful workplace training, with an emphasis on implementing cultural change in the workplace.

�� (3) Capitol Leadership Team members shall serve as mentors and informal resources of information for others who are interested in promoting a more respectful workplace or who are facing challenges in the workplace.

�� (4) The Capitol Leadership Team shall identify additional services or additional training needs and shall report those identified additional services or training needs to the Legislative Equity Officer and to the Joint Committee on Conduct. [2019 c.604 �13]

�� 173.930 Contracting for offsite process counselor. (1) At the direction of the Joint Committee on Conduct, the Legislative Equity Officer shall contract with one or more offsite process counselors to perform the duties described in ORS 173.933 or such other duties as are assigned by legislative rule or by the committee.

�� (2) The committee shall establish minimum qualifications for an offsite process counselor and may establish other criteria for the selection of an offsite process counselor, including criteria by which a request for proposals may be evaluated or by which external experts may be invited to advise the committee on the selection of an offsite process counselor. [2019 c.604 �14]

�� 173.933 Offsite process counselor duties. (1) An offsite process counselor under contract with the Legislative Equity Officer under ORS 173.930 shall be available to receive information from any individual about harassing behavior occurring in the State Capitol or involving legislators, legislative staff, lobbyists or others who are present in the State Capitol or who engage with legislators, legislative staff or lobbyists, whether in the State Capitol or elsewhere.

�� (2) The offsite process counselor shall provide confidential process counseling to individuals who believe they have experienced or observed harassment, including but not limited to:

�� (a) Providing information on legislative branch personnel rules, policies and reporting processes; and

�� (b) Providing information on the extent to which information may be kept confidential or may be subject to disclosure.

�� (3) The offsite process counselor may not engage in any investigation following a report or complaint alleging harassment or following any consultation described in subsection (1) or (2) of this section.

�� (4) The offsite process counselor may not share any information acquired during a consultation described in subsection (1) or (2) of this section with the independent investigator performing services under ORS 173.912 and legislative branch personnel rules, except that nonpersonally identifiable information may be disclosed to facilitate the taking of any action that is consistent with legislative rules and with the principles of the Due Process Clause of the United States Constitution.

�� (5) Upon request of a person making a disclosure, report or complaint to the Legislative Equity Officer, the offsite process counselor may be present when the disclosure, report or complaint is made. [2019 c.604 �15]

�� 173.936 Exemption from public record disclosure; exceptions to exemption. Records and information of the Legislative Equity Officer appointed in ORS 173.900 that relate to disclosures, reports or other allegations made to the equity officer or that relate to investigations, reports or counseling undertaken by the equity officer or by an independent investigator or offsite process counselor at the request or direction of the equity officer are exempt from required disclosure under ORS

ORS 179.508

179.508 or upon order of a court of competent jurisdiction. The restriction contained in this section does not apply to disclosure of written accounts made under ORS 179.505 (3) with the authorization of the individual or a personal representative of the individual.

�� (2) Except as authorized under subsection (1) of this section, any person who discloses or any person who knowingly obtains information from a written account referred to in subsection (1) of this section commits a Class B violation.

�� (3) As used in this section, �disclosure,� �personal representative� and �written account� have the meanings given those terms in ORS 179.505. [1955 c.452 �1; 1969 c.597 �44; 1973 c.736 �3; 1977 c.812 �5; 1987 c.320 �133; 1991 c.807 �2; 1999 c.1051 �165; 2003 c.14 �76; 2003 c.88 �1; 2005 c.498 �4; 2019 c.213 �52]

�� 179.500 [Repealed by 1969 c.597 �281]

�� 179.505 Disclosure of written accounts by health care services provider. (1) As used in this section:

�� (a) �Disclosure� means the release of, transfer of, provision of access to or divulgence in any other manner of information outside the health care services provider holding the information.

�� (b) �Health care services provider� means:

�� (A) Medical personnel or other staff employed by or under contract with a public provider to provide health care or maintain written accounts of health care provided to individuals; or

�� (B) Units, programs or services designated, operated or maintained by a public provider to provide health care or maintain written accounts of health care provided to individuals.

�� (c) �Individually identifiable health information� means any health information that is:

�� (A) Created or received by a health care services provider; and

�� (B) Identifiable to an individual, including demographic information that identifies the individual, or for which there is a reasonable basis to believe the information can be used to identify an individual, and that relates to:

�� (i) The past, present or future physical or mental health or condition of an individual;

�� (ii) The provision of health care to an individual; or

�� (iii) The past, present or future payment for the provision of health care to an individual.

�� (d) �Personal representative� includes but is not limited to:

�� (A) A person appointed as a guardian under ORS 125.305, 419B.372, 419C.481 or 419C.555 with authority to make medical and health care decisions;

�� (B) A person appointed as a health care representative under ORS 127.505 to 127.660 or a representative under ORS 127.700 to 127.737 to make health care decisions or mental health treatment decisions; and

�� (C) A person appointed as a personal representative under ORS chapter 113.

�� (e) �Psychotherapy notes� means notes recorded in any medium:

�� (A) By a mental health professional, in the performance of the official duties of the mental health professional;

�� (B) Documenting or analyzing the contents of conversation during a counseling session; and

�� (C) That are maintained separately from the rest of the individual�s record.

�� (f) �Psychotherapy notes� does not mean notes documenting:

�� (A) Medication prescription and monitoring;

�� (B) Counseling session start and stop times;

�� (C) Modalities and frequencies of treatment furnished;

�� (D) Results of clinical tests; or

�� (E) Any summary of the following items:

�� (i) Diagnosis;

�� (ii) Functional status;

�� (iii) Treatment plan;

�� (iv) Symptoms;

�� (v) Prognosis; or

�� (vi) Progress to date.

�� (g) �Public provider� means:

�� (A) The Oregon State Hospital campuses;

�� (B) Department of Corrections institutions as defined in ORS 421.005;

�� (C) A contractor of the Department of Corrections or the Oregon Health Authority that provides health care to individuals residing in a state institution operated by the agencies;

�� (D) A community mental health program or community developmental disabilities program as described in ORS 430.610 to 430.695 and the public and private entities with which it contracts to provide mental health or developmental disabilities programs or services;

�� (E) A program or service provided under ORS 431.001 to 431.550 and 431.990;

�� (F) A community mental health program or service established or maintained under ORS 430.630 or a community developmental disabilities program described in ORS 430.620 (1)(a) or (c);

�� (G) A program or facility providing an organized full-day or part-day program of treatment that is licensed, approved, established, maintained or operated by or contracted with the Oregon Health Authority for alcoholism, drug addiction or mental or emotional disturbance;

�� (H) A program or service providing treatment by appointment that is licensed, approved, established, maintained or operated by or contracted with the authority for alcoholism, drug addiction or mental or emotional disturbance; or

�� (I) The impaired health professional program established under ORS 676.190.

�� (h) �Written account� means records containing only individually identifiable health information.

�� (2) Except as provided in subsections (3), (4), (6), (7), (8), (9), (11), (12), (14), (15), (16), (17) and (18) of this section or unless otherwise permitted or required by state or federal law or by order of the court, written accounts of the individuals served by any health care services provider maintained in or by the health care services provider by the officers or employees thereof who are authorized to maintain written accounts within the official scope of their duties are not subject to access and may not be disclosed. This subsection applies to written accounts maintained in or by facilities of the Department of Corrections only to the extent that the written accounts concern the medical, dental or psychiatric treatment as patients of those under the jurisdiction of the Department of Corrections.

�� (3) If the individual or a personal representative of the individual provides an authorization, the content of any written account referred to in subsection (2) of this section must be disclosed accordingly, if the authorization is in writing and is signed and dated by the individual or the personal representative of the individual and sets forth with specificity the following:

�� (a) Name of the health care services provider authorized to make the disclosure, except when the authorization is provided by recipients of or applicants for public assistance or medical assistance, as defined in ORS 414.025, to a governmental entity for purposes of determining eligibility for benefits or investigating for fraud;

�� (b) Name or title of the persons or organizations to which the information is to be disclosed or that information may be disclosed to the public;

�� (c) Name of the individual;

�� (d) Extent or nature of the information to be disclosed; and

�� (e) Statement that the authorization is subject to revocation at any time except to the extent that action has been taken in reliance thereon, and a specification of the date, event or condition upon which it expires without express revocation. However, a revocation of an authorization is not valid with respect to inspection or records necessary to validate expenditures by or on behalf of governmental entities.

�� (4) The content of any written account referred to in subsection (2) of this section may be disclosed without an authorization:

�� (a) To any person to the extent necessary to meet a medical emergency.

�� (b) At the discretion of the responsible officer of the health care services provider, which in the case of any Oregon Health Authority facility or community mental health program is the Director of the Oregon Health Authority, to persons engaged in scientific research, program evaluation, peer review and fiscal audits. However, individual identities may not be disclosed to such persons, except when the disclosure is essential to the research, evaluation, review or audit and is consistent with state and federal law.

�� (c) To governmental agencies when necessary to secure compensation for services rendered in the treatment of the individual.

�� (d) To the Psychiatric Security Review Board, for an individual who is presently under the jurisdiction of the board and conditionally released to the Department of Corrections, as provided in ORS 161.336 and in the manner described in the conditional release order.

�� (5) When an individual�s identity is disclosed under subsection (4) of this section, a health care services provider shall prepare, and include in the permanent records of the health care services provider, a written statement indicating the reasons for the disclosure, the written accounts disclosed and the recipients of the disclosure.

�� (6) The content of any written account referred to in subsection (2) of this section and held by a health care services provider currently engaged in the treatment of an individual may be disclosed to officers or employees of that provider, its agents or cooperating health care services providers who are currently acting within the official scope of their duties to evaluate treatment programs, to diagnose or treat or to assist in diagnosing or treating an individual when the written account is to be used in the course of diagnosing or treating the individual. Nothing in this subsection prevents the transfer of written accounts referred to in subsection (2) of this section among health care services providers, the Department of Corrections, the Oregon Health Authority or a local correctional facility when the transfer is necessary or beneficial to the treatment of an individual.

�� (7) When an action, suit, claim, arbitration or proceeding is brought under ORS 34.105 to

ORS 18.850

18.850.

�� NOTE: The Garnishor may be the Creditor, the attorney for the Creditor or some other person who is authorized by law to issue the writ of garnishment. See the writ to determine who the Garnishor is.

STEP 1. FILL OUT THE GARNISHEE RESPONSE.

�� All garnishees who are required to deliver a garnishee response must fill in Part I of the Garnishee Response. Garnishees who employ the Debtor must also fill in Part II of the response. You should keep a copy of the response for your records.

�� Completing Part I of the Garnishee Response. If you discover before you deliver your response that a bankruptcy petition has been filed by or on behalf of the Debtor, and the bankruptcy petition was filed after a judgment was entered against the Debtor or after the debt otherwise became subject to garnishment (see the date specified in the writ), you must put a check by the appropriate statement in Part I. If a bankruptcy petition has been filed, you should not make any payments to the Garnishor unless the court orders otherwise. You need not complete any other part of the response, but you still must sign the response and deliver it in the manner described in Step 2 of these instructions.

�� In all other cases you must list in Part I all money and personal property of the Debtor that is in your possession, control or custody at the time of delivery of the writ. You must also list all debts that you owe to the Debtor, whether or not those debts are currently due (e.g., money loaned to you by the Debtor that is to be repaid at a later time).

�� If you are the employer of the Debtor at the time the writ is delivered to you, you must put a check by the appropriate statement in Part I. In addition, you must complete Part II of the response.

�� If you believe that you may hold property of the Debtor or that you owe a debt to the Debtor, but you are not sure, you must put a check by the appropriate statement and provide an explanation. When you find out what property you hold that belongs to the Debtor, or you find out whether you owe money to the Debtor and how much, you must prepare and deliver an amended response. You must do this even if you find out that you have no property of the Debtor or that you do not owe anything to the Debtor.

�� If you determine that the writ, on its face, does not comply with Oregon laws governing writs of garnishment, or if you are unable to determine the identity of the Debtor from the information in the writ, then the writ is not effective to garnish any property of the Debtor. You must put a check by the appropriate statement in Part I and provide an explanation. You still must complete the response and deliver the response in the manner described in Step 2 of these instructions.

�� If you have received an order to withhold income that applies to the income of the Debtor and that order has priority over the garnishment, and if compliance with the order will reduce or eliminate the money or property that you would otherwise deliver under the garnishment, you must put a check by the appropriate statement in Part I. You still must fill out the remainder of the response and deliver the response in the manner described in Step 2 of these instructions. If you employ the Debtor, you still must complete Part II of the response.

�� If you receive notice of a challenge to the garnishment before you send your response, you must complete and deliver your response as otherwise required by these instructions. However, see Step 3 of these instructions regarding payment of money or delivery of property after receipt of notice of a challenge to the garnishment.

�� If you owe a debt to the Debtor and the Debtor owes a debt to the holder of an underlying lien on your property, you may be able to offset the amount payable to the underlying lienholder. See ORS 18.620. You must note that you have made the offset in Part I of the response (under �Other�) and specify the amount that was offset.

�� Completing Part II of the Garnishee Response (employers only). You must fill in Part II of the response if you employ the Debtor on the date the writ of garnishment is delivered to you, or if you previously employed the Debtor and still owe wages to the Debtor on the date the writ is delivered to you.

�� Wages affected. Except as provided below, the writ garnishes all wages that you owe to the Debtor for work performed before the date you received the writ, even though the wages will not be paid until a later date. The writ also garnishes all wages that are attributable to services performed during the 90-day period following the date you received the writ, even though you would not pay the Debtor for all or part of those services until after the end of the 90-day period. Wages subject to garnishment under the writ include all amounts paid by you as an employer, whether on an hourly, weekly or monthly basis, and include commission payments and bonuses.

Example 1: Debtor A is employed by you and is paid a monthly salary on the first day of each month. You receive a writ of garnishment on July 17. The writ garnishes all wages that you owe to Debtor A for work performed on or before July 17. If Debtor A was paid on July 1 for services performed in the month of June, the writ garnishes Debtor A�s salary for the period beginning July 1 and ending October 15 (90 days after receipt of the writ).

�� The writ does not garnish any wages you owe to a Debtor for a specific pay period if:

�� (a) The writ is delivered to you within two business days before the Debtor�s normal payday for the pay period;

�� (b) When the writ is delivered to you, the Debtor�s wages are paid by direct deposit to a financial institution, or you use an independent contractor as payroll administrator for your payroll; and

�� (c) Before the writ was delivered to you, you issued instructions to the financial institution or the payroll administrator to pay the Debtor for the pay period.

�� If any wages are not garnishable by reason of the issuance of instructions to a financial institution or a payroll administrator as described above, you must so note in the Garnishee Response. Thereafter, you must pay to the Garnishor all wages that are subject to garnishment that are attributable to services performed by the Debtor during the 90-day period following the date you received the writ.

�� Calculation of wages subject to garnishment. A Wage Exemption Calculation form is attached to the writ of garnishment. You must use this form to calculate the amount of the Debtor�s wages that is subject to garnishment. You should read the instructions printed on the Wage Exemption Calculation form to determine the normal wage exemption and the minimum wage exemption for each payment you make under the writ.

�� A Wage Exemption Calculation form must be sent with the first payment you make under the writ. For the 90-day period during which the writ is effective, you must also fill out and return a Wage Exemption Calculation form with a subsequent payment any time the initial calculation changes. Finally, you must fill out and return a Wage Exemption Calculation form with the final payment that you make under the writ.

�� Payment of amount subject to garnishment. Payments under the writ must be made at the following times, unless the amount owing on the judgment or other debt is fully paid before the final payment is made or the writ is released:

�� (a) You must make a payment to the Garnishor of all wages subject to garnishment at the time you next pay wages to the Debtor. Complete the wage exemption computation, using the Wage Exemption Calculation form, to determine the portion of the Debtor�s wages that is subject to garnishment. Be sure to adjust the minimum exemption amount for any payment that covers less than a full pay period. You must include a copy of the Wage Exemption Calculation form with this first payment.

Example 2: Using the facts given in Example 1, when you next make any payment of wages to Debtor A after you receive the writ on July 17, you must complete the Wage Exemption Calculation form and send the form to the Garnishor along with all amounts determined to be subject to garnishment that are attributable to the period covered by the payment. If you pay Debtor A on August 1, the payment will be for all wages attributable to the period beginning July 1 and ending July 31.

�� (b) Unless the writ of garnishment is satisfied or released, during the 90-day period following the date you received the writ, you must pay to the Garnishor all wages that are determined to be subject to garnishment whenever you issue a paycheck to the Debtor. If the Debtor is paid on a weekly basis, you must make payment under the writ on a weekly basis. If the Debtor is paid on a monthly basis, you must make payment under the writ on a monthly basis. If the amount paid to the Debtor varies from paycheck to paycheck, or changes at any time from the amount being paid at the time the writ was delivered to you, you must perform a new wage exemption computation to determine the amount of wages subject to garnishment under the writ. You must send a copy of the new Wage Exemption Calculation form with your payment to the Garnishor.

Example 3: Using the facts given above, as you make each subsequent payment of wages to Debtor A you must make a payment of that portion of the Debtor�s wages that are subject to garnishment. If you continue to pay Debtor A on the first of each month, payments must be made on September 1 and October 1.

�� (c) Upon the expiration of the 90-day period, you must make a final payment to the Garnishor for all wages that were owing to the Debtor for the work performed by the Debtor through the 90th day following your receipt of the writ. This payment may be made at the time of the Debtor�s next paycheck. You will need to complete another Wage Exemption Calculation form to determine the amount of the wages subject to garnishment.

Example 4: Using the facts given above, you must make a final payment for the wages owing to Debtor A for the period beginning October 1 and ending October 15. You may make this payment at the time you issue Debtor A�s paycheck on November 1, but you must make the payment at any time you issue a paycheck to Debtor A after October 15. Be sure that in completing the wage exemption computation for the final payment you adjust the minimum exemption amount to take into account the fact that the period covered is only 15 days of the full month (see instructions on Wage Exemption Calculation form).

�� Processing fee. You may collect a $2 processing fee for each week of wages, or fraction of a week of wages, for which a payment is made under the writ. The fee must be collected after you make the last payment under the writ. The fee must be withheld from the wages of the debtor, and is in addition to the amounts withheld for payment to the Garnishor under the writ or under any other writ you have received.

�� If you receive more than one writ of garnishment. If you receive a second writ of garnishment for the same Debtor from another Garnishor, the first writ will have priority for wages. The priority of the first writ lasts for the 90-day period following delivery of that writ to you, or until the first writ is paid in full, whichever comes first. In your response to the second writ, you must put a check by the appropriate statement in Part II and indicate the date on which the first writ will expire (90 days after the date you received the writ). You should make no payments under the second writ until expiration of the first writ. The expiration date of the second writ is 90 days after the date you received the second writ; the expiration date is not affected by any delay in payment attributable to the priority of the first writ.

STEP 2. DELIVER THE GARNISHEE RESPONSE.

�� You must deliver your Garnishee Response and copies of the response in the manner provided in this step. The response and copies may be mailed or delivered personally.

�� You must complete and deliver the Garnishee Response within seven calendar days after you receive the writ of garnishment. If the seventh calendar day is a Saturday, Sunday or legal holiday, you must deliver your response on or before the next following day that is not a Saturday, Sunday or legal holiday.

�� If you are required to hold any property under the writ or make any payment under the writ, either at the time of making your response or later, you must:

�� (a) Send the original of your Garnishee Response to the Garnishor at the address indicated on the writ under Important Addresses.

�� (b) Send a copy of your Garnishee Response to the court administrator at the address indicated on the writ under Important Addresses.

�� (c) Send a copy of your Garnishee Response to the Debtor if an address is indicated on the writ under Important Addresses.

�� If you are not required to hold any property under the writ or make any payment under the writ, either at the time of making your response or later, you must:

�� (a) Send the original of your Garnishee Response to the Garnishor at the address indicated on the writ under Important Addresses.

�� (b) Send a copy of your Garnishee Response to the Debtor if an address is indicated on the writ under Important Addresses.

STEP 3. DELIVER THE FUNDS OR OTHER PROPERTY.

�� As long as the writ is in effect, you may be liable to the Creditor if you pay any debt or turn over any property to the Debtor except as specifically allowed by law. If you have any money or property of the Debtor in your possession, control or custody at the time of delivery of the writ, or owe any debt to the Debtor, you must pay the money or hold the property as required by this step. Exceptions to this requirement are listed below.

�� IF YOU ARE HOLDING MONEY FOR THE DEBTOR OR OWE A DEBT THAT IS CURRENTLY DUE, you must pay the money to the Garnishor with your response. You must send your payment to the Garnishor at the address indicated on the writ under Important Addresses. Make your check payable to the Garnishor.

�� IF YOU OWE A DEBT TO THE DEBTOR THAT WILL BECOME DUE WITHIN 45 DAYS AFTER THE DATE YOU RECEIVED THE WRIT, you must send your payment directly to the Garnishor at the address provided in the writ when the debt becomes due. Make your check payable to the Garnishor.

�� IF YOU ARE HOLDING PROPERTY THAT BELONGS TO THE DEBTOR, OR OWE A DEBT TO THE DEBTOR THAT WILL NOT BECOME DUE WITHIN 45 DAYS AFTER THE DATE YOU RECEIVED THE WRIT, you must keep the property or debt in your possession, control or custody until you receive written notice from the Sheriff. The Sheriff�s notice will tell you what to do with the property or debt. If you have followed all of the instructions in the writ and you receive no notice from the Sheriff within 30 days after the date on which you delivered your Garnishee Response, you may treat the writ as being of no further force or effect.

�� EXCEPTIONS:

�� 1. Challenge to garnishment or specific directions from court. If you are making any payments under the garnishment and before making a payment you receive notice of a challenge to the garnishment from the court, or receive a specific direction from the court to make payments to the court, you must send or deliver the payment directly to the court administrator. If the money is currently due when you receive the notice, send the payment promptly to the court. If the payment is for a debt that is payable within 45 days after you receive the writ, make the payment to the court promptly when it becomes due. If you make payment by check, make the check payable to the State of Oregon. Because you may be liable for any payment that does not reach the court, it is better not to send cash by mail.

�� A challenge to the garnishment does not affect your duty to follow the instructions you receive from the Sheriff for property that belongs to the Debtor and debts that you owe to the Debtor that do not become due within 45 days.

�� 2. Previous writ of garnishment. If you receive a second writ of garnishment for the same Debtor from another Garnishor, the first writ will have priority and you need not make payments or deliver property under the second writ to the extent that compliance with the first writ will reduce or eliminate the payment of money or delivery of property that you would otherwise make under the garnishment. You must still deliver a Garnishee Response to the second writ, and must commence payment under the second writ as soon as the first writ is satisfied or expires.

�� 3. Offset for payment of underlying lien. If you owe a debt to the Debtor and the Debtor owes a debt to the holder of an underlying lien on your property, you may be able to offset the amount payable to the underlying lienholder. See ORS 18.620.

�� 4. Subsequent events:

�� (a) Bankruptcy. If you make your response and then discover that a voluntary or involuntary bankruptcy petition has been filed by or on behalf of the Debtor after the judgment was entered against the Debtor or after the debt otherwise became subject to garnishment (see date in writ), you may not make any further payments or delivery of property under the writ unless the court orders otherwise. If you have not delivered all property that is subject to garnishment under this writ when you discover that a bankruptcy petition has been filed, you must mail the following notice to the Garnishor and to the Debtor.

�� (b) Order to withhold income. If you make your response and then receive an order to withhold income that has priority over the writ, you may make payments or deliver property under the writ only after payment of the amounts required under the order to withhold income. If you have not delivered all property that is subject to garnishment under this writ when you receive an order to withhold income that has priority, you must mail the following notice to the Garnishor and to the Debtor.

SUPPLEMENTAL GARNISHEE

RESPONSE

�� TO: The Garnishor and the Debtor

�� RE: Writ of garnishment received _, 2 (date), in the case of _ (Plaintiff) vs. _ (Defendant), Circuit Court of

__ County, Oregon, Case No. ___.

�� The undersigned Garnishee furnished a Garnishee Response to this writ of garnishment on _, 2 (date). Since that time (check appropriate statement):

�� __� I have discovered that a voluntary or involuntary bankruptcy petition has been filed by or on behalf of the Debtor after the judgment was entered against the Debtor or after the debt otherwise became subject to garnishment.

�� __� I have received an order to withhold income of the Debtor by reason of a support obligation. Under ORS 25.375, the order to withhold income has priority over any other legal process under Oregon law against the same income. The withholding of income pursuant to the order to withhold income might reduce or eliminate subsequent payments under the garnishment. (Provide details, including the name of the agency serving the order to withhold, the date the order was served on you and the amounts to be withheld.)

�� Dated _, 2

�� ___

�� Name of Garnishee

�� ___

�� Signature

�� ___

�� Address

SPECIAL INSTRUCTIONS FOR BANKS

AND OTHER FINANCIAL INSTITUTIONS

�� (1)(a) If you receive a writ of garnishment for a Debtor who has an account with your institution, you must first determine whether a Notice of Right to Garnish Federal Benefits from the United States Government or from a state child support program, as provided in 31 C.F.R. part 212, accompanies the writ of garnishment.

�� (b) If a Notice of Right to Garnish Federal Benefits accompanies the writ of garnishment, you must proceed with the garnishment in the normal manner.

�� (c) If the writ of garnishment is attached to an attestation that a debt arises out of a child support or spousal support obligation or a judgment that contains a money award of restitution, the base protected account balance does not apply and you should not perform the calculation provided by (1)(d), (2), (3), (5) and (6) below, but you must perform a garnishment account review as provided in (4) and (7) below.

�� (d) If a Notice of Right to Garnish Federal Benefits does not accompany the writ of garnishment or the writ of garnishment is not attached to an attestation that a debt arises out of a child support or spousal support obligation or a judgment that contains a money award that includes restitution, you must immediately determine the total amount in all of the accounts the Debtor has with your institution.

�� (2)(a) If, after making the determination in (1)(d) above, you find that the total amount in all of the Debtor�s accounts with your institution is less than or equal to the base protected account balance, as defined in ORS 18.785 (1)(a), shown on the Oregon Judicial Department website as exempt from garnishment:

�� (A) The Debtor�s accounts are not subject to garnishment.

�� (B) You must provide full customary access to the Debtor�s accounts.

�� (b) As of April 4, 2024, the amount that is not subject to garnishment is $2,500, but this amount is indexed to 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 or a successor agency, and may vary from year to year.

�� (3) If, after making the determination in (1)(d) above, you find that the total amount in all of the Debtor�s accounts with your institution exceeds the base protected account balance shown on the Oregon Judicial Department website as exempt from garnishment:

�� (a) The base protected account balance is not subject to garnishment.

�� (b) You must provide full customary access to the base protected account balance shown on the Oregon Judicial Department website as exempt from garnishment.

�� (c) You must conduct a garnishment account review.

�� (4) In a garnishment account review, you must determine whether any of the following payments were made by direct deposit or electronic transfer to any of the Debtor�s accounts with your institution within the lookback period described in ORS 18.785 (2)(d) (the period that begins on the date preceding the date of your garnishment account review and that ends on the corresponding date of the month two months earlier, or on the last day of the month two months earlier if the corresponding date does not exist):

�� (a) Federal benefit payments as defined in ORS 18.600 (benefit payments from the United States Social Security Administration, the United States Department of Veterans Affairs, the United States Office of Personnel Management or the Railroad Retirement Board);

�� (b) Payments from a public or private retirement plan as defined in ORS 18.358;

�� (c) Public assistance payments or medical assistance, as defined in ORS 414.025, from the State of Oregon or an agency of the State of Oregon;

�� (d) Unemployment compensation payments from the State of Oregon or an agency of the State of Oregon;

�� (e) Black lung benefits payments from the United States Department of Labor; or

�� (f) Workers� compensation payments from a workers� compensation carrier.

�� (5) If in the garnishment account review you determine that any of the payments listed in (4) above were made by direct deposit or electronic transfer to any of the Debtor�s accounts with your institution within the lookback period, you may not garnish, and must provide full customary access to, the sum of:

�� (a) The base protected account balance shown on the Oregon Judicial Department website as exempt from garnishment; and

�� (b) The amount by which the sum of all payments described in (4) above exceeds the base protected account balance.

�� (6) Any amount in the Debtor�s accounts that exceeds the amounts described in (5) above is subject to garnishment and you must proceed with garnishment in the ordinary manner.

�� (7) If the writ of garnishment is attached to an attestation that a debt arises out of a child support or spousal support obligation or a judgment that contains a money award of restitution, you must provide the Debtor with full customary access to all payments listed in (4) above that were made by direct deposit or electronic transfer to an account within the lookback period the Debtor has with your institution.

�� If the Garnishor fails to pay the search fee required by ORS 18.790 and you do not employ the Debtor, you are not required to deliver a Garnishee Response and you may deal with any property of the Debtor as though the garnishment had not been issued.

�� If the Debtor owes a debt to you that was due at the time you received the writ of garnishment, you may be able to offset the amount of that debt. See ORS 18.795. You must note that you have made the offset in Part I of the Garnishee Response (under �Other�) and specify the amount that was offset.

�� Before making a payment under the writ, you may first deduct any processing fee that you are allowed under ORS 18.790. If you are required to conduct a garnishment account review, you may not charge or collect a processing fee against any amount that is not subject to garnishment, and may not charge or collect a garnishment processing fee against any amounts in the account after the date that you conduct the review.

�� You need not deliver any property contained in a safe deposit box unless the Garnishor pays you in advance for the costs that will be incurred in gaining entry to the box. See ORS 18.792.

�� If you are required to conduct a garnishment account review and you determine from the review that one or more of the payments listed in ORS 18.785 (2)(c)(B) have been deposited into the Debtor�s account by direct deposit or electronic payment during the lookback period described in ORS 18.785 (2)(d), and that there is a positive balance in the account, you must issue a notice to the account holder in substantially the form set forth in ORS 18.847. The notice must be issued directly to the account holder or to a fiduciary who administers the account and receives communications on behalf of the account holder. The notice must be sent separately to the account holder and may not be included with other materials being provided to the account holder that do not relate to the garnishment. You must send the notice to the account holder within three business days after you complete the garnishment account review. You may issue one notice with information related to multiple accounts of a single account holder.

[2001 c.249 �62; 2003 c.85 �19; 2003 c.576 �76; 2003 c.779 �4; 2007 c.496 �3; 2009 c.430 �9; 2009 c.529 �2; 2011 c.733 �8; 2013 c.688 �5; 2024 c.100 �15; 2025 c.99 �49]

�� 18.840 Wage exemption calculation form. (1) A wage exemption calculation form must be delivered to the garnishee with each writ of garnishment. Except as provided in subsection (2) of this section, a wage exemption calculation form must be in substantially the following form: For wages paid on or after July 1, 2027, the garnishor is required to update this form with the applicable year and wage exemption amounts published on the Judicial Department website pursuant to ORS 18.385 (3). The garnishor is required to include the wage exemption amounts for wages earned before and after July 1 of the year the garnishment was issued.

WAGE EXEMPTION CALCULATION

(to be filled out by employers only)

1.�� Debtor�s gross wages

�� for period covered by this

�� payment�� $�� ___

2.�� Total amount required to be

�� withheld by law for amount in Line 1

�� (Federal and state

�� withholding, Social

�� Security, etc.)�� $�� ___

3.�� Debtor�s disposable wages

�� (Subtract Line 2

�� from Line 1)�� $�� ___

4.�� Normal exemption

�� (Enter 75 percent

�� of Line 3)� �� $�� ___

5.�� Minimum exemption (check one)

�� If you pay wages weekly:

�� __� $254, if the wages are payable before January 1, 2025

�� __� $305, if the wages are payable on or after January 1, 2025, and before July 1, 2025

�� __� $338, if the wages are payable on or after July 1, 2025, and before July 1, 2026

�� __� $400, if the wages are payable on or after July 1, 2026, and before July 1, 2027

�� __� $___, if the wages are payable on or after July 1, 2027, and before July 1, 2028.

Note: The garnishor is required to insert the applicable wage exemption amount published on the Judicial Department website pursuant to ORS 18.385 (3)

�� $, if the wages are payable on or after July 1, , and before July 1, _.

Note: The garnishor is required to insert the applicable years and wage exemption amount published on the Judicial Department website pursuant to ORS 18.385 (3)

�� If you pay wages every two weeks:

�� __� $509, if the wages are payable before January 1, 2025

�� __� $611, if the wages are payable on or after January 1, 2025, and before July 1, 2025

�� __� $675, if the wages are payable on or after July 1, 2025, and before July 1, 2026

�� __� $832, if the wages are payable on or after July 1, 2026, and before July 1, 2027

�� __� $___, if the wages are payable on or after July 1, 2027, and before July 1, 2028.

Note: The garnishor is required to insert the applicable wage exemption amount published on the Judicial Department website pursuant to ORS 18.385 (3)

�� $, if the wages are payable on or after July 1, , and before July 1, _.

Note: The garnishor is required to insert the applicable years and wage exemption amount published on the Judicial Department website pursuant to ORS 18.385 (3)

�� If you pay wages for a half-month period:

�� __� $545, if the wages are payable before January 1, 2025

�� __� $655, if the wages are payable on or after January 1, 2025, and before July 1, 2025

�� __� $737, if the wages are payable on or after July 1, 2025, and before July 1, 2026

�� __� $912, if the wages are payable on or after July 1, 2026, and before July 1, 2027

�� __� $___, if the wages are payable on or after July 1, 2027, and before July 1, 2028.

Note: The garnishor is required to insert the applicable wage exemption amount published on the Judicial Department website pursuant to ORS 18.385 (3)

�� $, if the wages are payable on or after July 1, , and before July 1, _.

Note: The garnishor is required to insert the applicable years and wage exemption amount published on the Judicial Department website pursuant to ORS 18.385 (3)

�� If you pay wages monthly:

�� __� $1,090, if the wages are payable before January 1, 2025

�� __� $1,309, if the wages are payable on or after January 1, 2025, and before July 1, 2025

�� __� $1,458, if the wages are payable on or after July 1, 2025, and before July 1, 2026

�� __� $1,792, if the wages are payable on or after July 1, 2026, and before July 1, 2027

�� __� $___, if the wages are payable on or after July 1, 2027, and before July 1, 2028.

Note: The garnishor is required to insert the applicable wage exemption amount published on the Judicial Department website pursuant to ORS 18.385 (3)

�� $, if the wages are payable on or after July 1, , and before July 1, _.

Note: The garnishor is required to insert the applicable years and wage exemption amount published on the Judicial Department website pursuant to ORS 18.385 (3)

�� If you pay wages for any other period longer than one week, including partial payments for less than a full pay period:

�� __� $254 multiplied by that fraction produced by dividing the number of days for which the earnings are paid by seven, rounded to the nearest dollar, if the wages are payable before January 1, 2025

�� __� $305 multiplied by that fraction produced by dividing the number of days for which the earnings are paid by seven, rounded to the nearest dollar, if the wages are payable on or after January 1, 2025, and before July 1, 2025

�� __� $338 multiplied by that fraction produced by dividing the number of days for which the earnings are paid by seven, rounded to the nearest dollar, if the wages are payable on or after July 1, 2025, and before July 1, 2026

�� __� $400 multiplied by that fraction produced by dividing the number of days for which the earnings are paid by seven, rounded to the nearest dollar, if the wages are payable on or after July 1, 2026, and before July 1, 2027

�� __� The minimum wage that the Bureau of Labor and Industries calculates under ORS 653.025 (1) multiplied by 30 and multiplied again by the number of weeks or fraction of a week, if the wages are payable on or after July 1, 2027

6.�� Wages exempt from garnishment

�� (Line 4 or 5,

�� whichever is greater)�� $�� ___

7.�� Nonexempt wages

�� (Subtract Line 6

�� from Line 3)�� $�� ___

8.�� Amount withheld for this pay period

�� pursuant to a support order under

�� support withholding process or under

�� another writ with priority $�� ___

9.�� Wages subject to garnishment

�� (Subtract Line 8

�� from Line 7)�� $�� ___

INSTRUCTIONS FOR WAGE

EXEMPTION CALCULATION FORM

�� If you employ the Debtor named in the writ of garnishment, you must fill out and return this Wage Exemption Calculation form. A Wage Exemption Calculation form must be sent with the first payment you make under the writ. For the 90-day period during which the writ is effective, you must also fill out and return a Wage Exemption Calculation form with a subsequent payment any time the initial calculation changes. Finally, you must fill out and return a Wage Exemption Calculation form with the final payment that you make under the writ.

�� Normal wage exemption. The wage exemption calculation is based on the amount of the payment you make under the writ of garnishment. The normal wage exemption in Line 4 is 75 percent of the employee�s disposable wages in Line 3.

�� Minimum wage exemption. The minimum exemption in Line 5 is also based on the amount of the payment you are making. The minimum exemption is designed to ensure that an employee receives at least a certain minimum amount in any one-week period.

�� If the payment is for a one-week period (without regard to whether the period is a calendar week or any other seven-day period), the minimum exemption is:

�� $254, if the wages are payable before January 1, 2025

�� $305, if the wages are payable on or after January 1, 2025, and before July 1, 2025

�� $338, if the wages are payable on or after July 1, 2025, and before July 1, 2026

�� $400, if the wages are payable on or after July 1, 2026, and before July 1, 2027

�� $___, if the wages are payable on or after July 1, 2027, and before July 1, 2028.

Note: The garnishor is required to insert the applicable wage exemption amount published on the Judicial Department website pursuant to ORS 18.385 (3)

�� $, if the wages are payable on or after July 1, _, and before July 1, ____.

Note: The garnishor is required to insert the applicable years and wage exemption amount published on the Judicial Department website pursuant to ORS 18.385 (3)

�� If the payment is for a two-week period, the minimum exemption is:

�� $509, if the wages are payable before January 1, 2025

�� $611, if the wages are payable on or after January 1, 2025, and before July 1, 2025

�� $675, if the wages are payable on or after July 1, 2025, and before July 1, 2026

�� $832, if the wages are payable on or after July 1, 2026, and before July 1, 2027

�� $___, if the wages are payable on or after July 1, 2027, and before July 1, 2028.

Note: The garnishor is required to insert the applicable wage exemption amount published on the Judicial Department website pursuant to ORS 18.385 (3)

�� $, if the wages are payable on or after July 1, _, and before July 1, ____.

Note: The garnishor is required to insert the applicable years and wage exemption amount published on the Judicial Department website pursuant to ORS 18.385 (3)

�� If the payment is for a one-half of one month (i.e., the Debtor is paid twice each month), the minimum exemption is:

�� $545, if the wages are payable before January 1, 2025

�� $655, if the wages are payable on or after January 1, 2025, and before July 1, 2025

�� $737, if the wages are payable on or after July 1, 2025, and before July 1, 2026

�� $912, if the wages are payable on or after July 1, 2026, and before July 1, 2027

�� $___, if the wages are payable on or after July 1, 2027, and before July 1, 2028.

Note: The garnishor is required to insert the applicable wage exemption amount published on the Judicial Department website pursuant to ORS 18.385 (3)

�� $, if the wages are payable on or after July 1, _, and before July 1, ____.

Note: The garnishor is required to insert the applicable years and wage exemption amount published on the Judicial Department website pursuant to ORS 18.385 (3)

�� If the payment is for a monthly period, the minimum exemption is:

�� $1,090, if the wages are payable before January 1, 2025

�� $1,309, if the wages are payable on or after January 1, 2025, and before July 1, 2025

�� $1,458, if the wages are payable on or after July 1, 2025, and before July 1, 2026

�� $1,792, if the wages are payable on or after July 1, 2026, and before July 1, 2027

�� $___, if the wages are payable on or after July 1, 2027, and before July 1, 2028.

Note: The garnishor is required to insert the applicable wage exemption amount published on the Judicial Department website pursuant to ORS 18.385 (3)

�� $, if the wages are payable on or after July 1, _, and before July 1, ____.

Note: The garnishor is required to insert the applicable years and wage exemption amount published on the Judicial Department website pursuant to ORS 18.385 (3)

�� If the payment you are making is based on some period of time other than one week, two weeks, half month or month, and the payment is for more than one week, you must calculate the minimum exemption by multiplying the minimum exemption for one week or less provided for in ORS 18.385 (2)(a) by the number of weeks covered by the paycheck, including any fraction of a week. You should round the amount calculated to the nearest dollar.

�� The amounts that are exempt from garnishment may change from year to year. You may view updated garnishment exemption limitations on the Oregon Judicial Department website.

�� If you receive more than one writ of garnishment. If you receive more than one writ of garnishment for the same debtor, the writs have priority based on the date on which you receive them. If the full amount of wages subject to garnishment for a given pay period is paid on the first writ, you should not make any payment on subsequently received writs until the first writ expires. In some cases, it may be necessary to make payments on two or more writs for the same pay period.

Example: You have received two writs of garnishment for Debtor A. You pay Debtor A on a monthly basis. The first writ expires on October 16. The second writ will not expire until November 15. You will need to prepare two wage exemption calculation forms for Debtor A�s October wages and make payments under both writs. The wage exemption calculation form for the first writ will be for the wages attributable to October 1 to October 15. The wage exemption calculation form for the second writ will be for all wages for the month of October, but the amounts withheld under the first writ must be subtracted on Line 8 to determine the October wages subject to garnishment under the second writ.

�� (2) If a writ of garnishment includes or is attached to a notice from a state or federal child support agency or includes or is attached to an attestation that a debt arises out of a judgment debtor�s child support or spousal support obligation or a money award judgment that includes restitution, the wage exemption calculation form described in subsection (1) of this section must be modified to read as follows:

WAGE EXEMPTION CALCULATION

(to be filled out by employers only)

1.�� Debtor�s gross wages

�� for period covered by this

�� payment�� $�� ___

2.�� Total amount required to be

�� withheld by law for amount in Line 1

�� (Federal and state

�� withholding, Social

�� Security, etc.)�� $�� ___

3.�� Debtor�s disposable wages

�� (Subtract Line 2

�� from Line 1)�� $�� ___

4.�� Normal exemption

�� (Enter 75 percent

�� of Line 3)� �� $�� ___

5.�� Minimum exemption (check one)

�� __� $254 (payment of wages weekly)

�� __� $509 (payment of wages every two weeks)

�� __� $545 (payment of wages half-monthly)

�� __� $1,090 (payment of wages monthly)

�� __� $___ (Any other period longer than

�� one week, including partial payments for

�� less than full pay period) (Multiply $254 by

�� number of weeks or fraction of a week)

6.�� Wages exempt from garnishment

�� (Line 4 or 5,

�� whichever is greater)�� $�� ___

7.�� Nonexempt wages

�� (Subtract Line 6

�� from Line 3)�� $�� ___

8.�� Amount withheld for this pay period

�� pursuant to a support order under

�� support withholding process or under

�� another writ with priority $�� ___

9.�� Wages subject to garnishment

�� (Subtract Line 8

�� from Line 7)�� $�� ___

INSTRUCTIONS FOR WAGE

EXEMPTION CALCULATION FORM

�� If the payment is for a one-week period (without regard to whether the period is a calendar week or any other seven-day period), the minimum exemption is $254. The minimum exemption is $509 if the payment is for a two-week period. If the payment is for one-half of one month (i.e., the Debtor is paid twice each month), the minimum exemption is $545. The minimum exemption for a monthly payment is $1,090.

�� If the payment you are making is based on some period of time other than one week, two weeks, half month or month, and the payment is for more than one week, you must calculate the minimum exemption by multiplying $254 by the number of weeks covered by the paycheck, including any fraction of a week. You should round the amount calculated to the nearest dollar.

Example 1: You pay Debtor A every 10 days. Each 10-day period is equal to 1.429 weeks (10 divided by 7). The minimum exemption is $363 ($254 � 1.429 rounded to the nearest dollar).

�� You must use this same calculation for computing the minimum exemption when making a payment for less than a full pay period (e.g., for the final payment at the end of the 90-day period covered by the writ).

Example 2: You pay Debtor A on a monthly basis. You are required to make a final payment under a writ of garnishment for the wages owing to Debtor A for the period beginning October 1 and ending October 15. This period is equal to 2.143 weeks (15 divided by 7). The minimum exemption is $544 ($254 � 2.143 rounded to the nearest dollar).

�� The amount of time actually worked by the Debtor during the period covered by the paycheck does not affect the calculation of the minimum exemption.

Example 3: You pay Debtor A on a weekly basis. Debtor A works two days per week. The minimum exemption is $254 for each weekly payment you make for Debtor A.

�� If the payment you are making is based on a period of time less than one week, the minimum wage exemption may not exceed $254 for any one-week period.

Example 4: You have received two writs of garnishment for Debtor A. You pay Debtor A on a monthly basis. The first writ expires on October 16. The second writ will not expire until November 15. You will need to prepare two wage exemption calculation forms for Debtor A�s October wages and make payments under both writs. The wage exemption calculation form for the first writ will be for the wages attributable to October 1 to October 15 as described in Example 2. The wage exemption calculation form for the second writ will be for all wages for the month of October, but the amounts withheld under the first writ must be subtracted on Line 8 to determine the October wages subject to garnishment under the second writ.

[2001 c.249 �63; 2003 c.85 �20; 2007 c.496 ��10,15; 2011 c.228 �2; 2019 c.263 �2; 2024 c.100 �16]

�� 18.842 Release of garnishment form. A release of garnishment must be in substantially the following form:

COURT

COUNTY OF __

______�� )

Plaintiff,�� )�� RELEASE OF

�� )�� GARNISHMENT

�� vs.�� )

�� )�� Case No. _____

�� )

______�� )

Defendant.�� )

TO: ___ (Garnishee).

�� A writ of garnishment was delivered to you by the Garnishor named below on the ___ day of _, 2. The following money or other property that is subject to the writ is hereby released:

�� __� All money and property of the Debtor held by you.

�� __� The following money or property of the Debtor held by you (provide details):

�� The writ of garnishment has no further force or effect with respect to the specified property.

Dated _, 2

Name of Garnishor

Signature

Address

[2001 c.249 �63a]

�� 18.845 Notice of exemptions form; instructions for challenge to garnishment. Except as provided in ORS 18.846, a notice of exemptions form must be in substantially the form set forth in this section. Nothing in the notice form described in this section is intended to expand or restrict the law relating to exempt property. A determination as to whether property is exempt from execution, attachment and garnishment must be made by reference to other law. The form provided in this section may be modified to provide more information or to update the notice based on subsequent changes in exemption laws.

NOTICE OF EXEMPT PROPERTY

AND INSTRUCTIONS FOR

CHALLENGE TO GARNISHMENT

Property belonging to you may have been taken or held in order to satisfy a debt. The debt may be reflected in a judgment or in a warrant or order issued by a state agency. Important legal papers are enclosed.

�� YOU MAY BE ABLE TO GET YOUR PROPERTY BACK, SO READ THIS NOTICE CAREFULLY.

�� State and federal law specify that certain property may not be taken. Some of the property that you may be able to get back is listed below.

�� (1) Your disposable earnings, as described in ORS 18.375 and 18.385, in an amount that does not exceed the greater of:

�� (a) 75 percent of your take-home wages; or

�� (b) $ per workweek for wages earned before (date) and $ per workweek for wage

ORS 180.465

180.465 to 180.494, 323.106, 323.804, 323.806 and 323.810 to 323.816. Moneys in the fund are not subject to allotment under ORS 291.234 to 291.260. [2003 c.801 �23; 2009 c.717 �27; 2017 c.687 �13; 2023 c.401 �14]

�� Note: 180.205 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 180 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 180.207 Requirements for Department of Justice agency request budget. (1) Each biennium, the Department of Justice shall include in its agency request budget filed under ORS 291.208 discrete amounts necessary to fund the projected costs of continuing state support for the following currently authorized programs and activities for the next biennium:

�� (a) Children�s advocacy centers as defined in ORS 418.782;

�� (b) The Survivor Housing Funds grant program, or any successor program that provides funds to assist victims of domestic violence, sexual assault, stalking, dating violence and human trafficking to access and maintain safe permanent housing; and

�� (c) The Oregon Domestic and Sexual Violence Services Fund established under ORS 147.453.

�� (2) When calculating the amounts described in subsection (1) of this section, the department may include in the total up to 10 percent for department administrative costs. [2024 c.86 �1]

�� Note: 180.207 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 180 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Powers and Duties)

�� 180.210 Department of Justice; Attorney General head and chief law officer. There hereby is constituted an executive department to be known as the Department of Justice. The Attorney General shall be the head of this department and the chief law officer for the state and all its departments.

�� 180.220 Powers and duties. (1) The Department of Justice shall have:

�� (a) General control and supervision of all civil actions and legal proceedings in which the State of Oregon may be a party or may be interested.

�� (b) Full charge and control of all the legal business of all departments, commissions and bureaus of the state, or of any office thereof, which requires the services of an attorney or counsel in order to protect the interests of the state.

�� (2) No state officer, board, commission, or the head of a department or institution of the state shall employ or be represented by any other counsel or attorney at law.

�� (3) This section is subject to ORS 825.508. [Amended by 1967 c.178 �3]

�� 180.225 Attorney General representing public bodies in antitrust proceedings. In any proceeding under the antitrust laws of the United States in which the state or any public body within the state is interested, the Attorney General may, in the discretion of the Attorney General, represent any such public body at its request, charging it for the cost of such representation pursuant to ORS 180.160. [1971 c.418 �9]

�� 180.230 Compensation not allowed state departments for attorney services. No compensation shall be allowed to any person for services as an attorney or counselor to any department of the state government or to the head thereof, or to any board or commission, except in cases specially authorized by law. [Amended by 1971 c.418 �6]

�� 180.235 Authority of agency to employ counsel; qualification and salary; status. (1) Notwithstanding any provision of law to the contrary, whenever the Attorney General concludes that it is inappropriate and contrary to the public interest for the office of the Attorney General to concurrently represent more than one public officer or agency in a particular matter or class of matters in circumstances which would create or tend to create a conflict of interest on the part of the Attorney General, the Attorney General may authorize one or both of such officers or agencies to employ its own general or special counsel in the particular matter or class of matters and in related matters. Such authorization may be terminated by the Attorney General whenever the Attorney General determines that separate representation is no longer appropriate.

�� (2) Any counsel so employed shall be a licensee of the Oregon State Bar and shall be paid a salary or other compensation out of the funds appropriated to such officer or agency.

�� (3) In any matter in which the Attorney General has authorized employment of such counsel, any references to representation of such officer or agency by the Attorney General contained in any provision of law shall be deemed to refer to such counsel. [1971 c.418 �8; 2025 c.32 �94]

�� 180.240 Attorney General and Department of Justice to have powers and prerogatives of district attorneys. The Attorney General and the Department of Justice shall have the same powers and prerogatives in each of the several counties of the state as the district attorneys have in their respective counties.

�� 180.250 [1983 c.481 �2; repealed by 1993 c.188 �15]

�� 180.255 [1983 c.481 �3; repealed by 1993 c.188 �15]

�� 180.260 Service of process by department employees. (1) Notwithstanding ORCP 7 E or any other law, employees and officers of the Department of Justice other than attorneys may serve summons, process and other notice, including all child support actions initiated by the Division of Child Support or to which the division is a party, in litigation and other proceedings in which the state is interested. An employee or officer may not serve process or other notice in any case or proceeding in which the employee or officer has a personal interest or in which it reasonably may be anticipated that the employee or officer will be a material witness.

�� (2) Except as provided in subsection (3) of this section, the authority granted by subsection (1) of this section may be exercised only in, and within reasonable proximity of, the regular business offices of the Department of Justice, or in situations in which the immediate service of process is necessary to protect the legal interests of the state.

�� (3) The restriction in subsection (2) of this section does not apply to investigators employed by or contracting with the Division of Child Support. [1989 c.323 �2; 2011 c.318 �7]

�� 180.265 Authority of department to delegate certain duties to employees of Department of Revenue. The Department of Justice may delegate to officers and employees of the Department of Revenue the authority to undertake and complete certain filings and other tasks relating to tax claims pending before a United States Bankruptcy Court that the Department of Justice has identified as being routine tasks. [1997 c.84 �7]

�� 180.267 Authority of Department of Justice to require fingerprints. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Department of Justice may require the fingerprints of a person who:

�� (1)(a) Is applying for employment by the department; or

�� (b) Provides services or seeks to provide services to the department as a contractor or volunteer; and

�� (2) Is, or will be, working or providing services in a position in which the person:

�� (a) Is providing information technology services and has control over, or access to, information technology systems that would allow the person to harm the information technology systems or the information contained in the systems;

�� (b) Has access to information, the disclosure of which is prohibited by state or federal laws, rules or regulations or information that is defined as confidential under state or federal laws, rules or regulations; or

�� (c) Has access to personal information about employees or members of the public including Social Security numbers, dates of birth, driver license numbers, personal financial information or criminal background information. [2005 c.730 �74]

�� Note: 180.267 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 180 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 180.269 Biennial litigation reports to Legislative Assembly. On or before March 1 of each odd-numbered year, the Department of Justice shall submit a report to the chairpersons of the standing or interim Joint Committee on Ways and Means regarding materially significant or noteworthy litigation involving the state that is ongoing or that concluded in the biennium preceding the report. Notwithstanding ORS 192.311 to 192.478, the report described in this section is not a public record and is not subject to public inspection. [2021 c.678 �15]

�� Note: 180.269 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 180 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 180.310 [Subsections (1) and (2) enacted as 1957 c.105 �2 and 1957 c.424 �1; 1961 c.629 �1; repealed by 1975 c.458 �18]

(Division of Child Support)

�� 180.320 Cooperation with division in enforcement; confidentiality of information furnished to division. (1) All state agencies, district attorneys and all police officers of the state, county or any municipality, university or court thereof, shall cooperate with the Division of Child Support of the Department of Justice in furnishing and making available information, records and documents necessary to assist in establishing or enforcing support obligations or parentage, in performing the duties set out in ORS 25.080 and in determining the location of any absent parent or child for the purpose of enforcing any state or federal law regarding the unlawful taking or restraint of a child or for the purpose of making or enforcing a child custody determination. Notwithstanding the provisions of ORS

ORS 181A.323

181A.323. [2019 c.462 �5]

�� 260.415 [Formerly 260.472; repealed by 1983 c.71 �12]

�� 260.416 Prohibitions regarding campaign contributions and independent expenditures. (1) A person may not, directly or indirectly:

�� (a) Require an employee or contractor to make a contribution or independent expenditure to support or oppose any candidate; or

�� (b) Provide or promise any benefit or impose or threaten any detriment due to a decision by an employee or contractor on whether to make a contribution or independent expenditure to support or oppose a candidate.

�� (2)(a) A foreign national, foreign corporation or foreign entity may not, directly or indirectly, make or offer to make a candidate campaign contribution or expenditure or make a donation used by an entity to pay for candidate campaign independent expenditures.

�� (b) As used in this subsection, �foreign national� means a foreign principal, as defined in 22 U.S.C. 611(b), but does not include any individual who is:

�� (A) A citizen of the United States;

�� (B) A national of the United States;

�� (C) Lawfully admitted for permanent residence in the United States; or

�� (D) A resident of Oregon. [2024 c.9 �9]

�� Note: 260.416 becomes operative January 1, 2027. See section 23, chapter 9, Oregon Laws 2024.

�� 260.420 [Amended by 1971 c.749 �43; renumbered 260.452]

�� 260.422 Prohibition on acceptance of employment where compensation to be contributed. No person shall accept employment with the understanding or agreement, express or implied, that the person will contribute any of the compensation to be received because of the employment to or on behalf of a candidate or political committee in support of the nomination or election of the candidate or in support of or in opposition to a measure. [1971 c.749 �39; 1973 c.744 �27; 1979 c.190 �371]

�� 260.430 [Amended by 1971 c.644 �7; repealed by 1971 c.749 �82]

�� 260.432 Prohibition on certain requirements of public employees; activities of public employees during working hours; exceptions. (1) A person may not attempt to, or actually, coerce, command or require a public employee to:

�� (a) Influence or give money, service or other thing of value to promote or oppose any political committee;

�� (b) Promote or oppose the appointment, nomination or election of a person to a public office;

�� (c) Promote or oppose the filing of an initiative, referendum or recall petition;

�� (d) Promote or oppose the gathering of signatures on an initiative, referendum or recall petition; or

�� (e) Promote or oppose the adoption of a measure or the recall of a public office holder.

�� (2) A public employee may not engage in any of the following activities while on the job during working hours or while otherwise acting in the public employee�s official capacity:

�� (a) Solicit any money, influence, service or other thing of value or otherwise promote or oppose any political committee;

�� (b) Promote or oppose the appointment, nomination or election of a person to a public office;

�� (c) Promote or oppose the filing of an initiative, referendum or recall petition;

�� (d) Promote or oppose the gathering of signatures on an initiative, referendum or recall petition; or

�� (e) Promote or oppose the adoption of a measure or the recall of a public office holder.

�� (3) This section does not restrict:

�� (a) The right of a public employee to express personal political views, provided that a reasonable person would not infer that the personal political views of the public employee represent the views of the public employer of the public employee; or

�� (b) A public employee from communicating with a separate public employee or elected official about the appointment of a person to a public office, provided that the communication is made in furtherance of the recipient�s official duties relating to an appointment required by the Oregon Constitution or a state statute.

�� (4) Each public employer shall have posted in a conspicuous place likely to be seen by its employees the following notice in printed or typewritten form:

ATTENTION ALL PUBLIC EMPLOYEES:

�� The restrictions imposed by the law of the State of Oregon on your political activities are that �No public employee shall solicit any money, influence, service or other thing of value or otherwise promote or oppose any political committee; promote or oppose the appointment, nomination or election of a person to a public office; or promote or oppose the filing of or gathering of signatures on an initiative, referendum or recall petition or the adoption of a measure or the recall of a public office holder while on the job during working hours or while otherwise acting in the public employee�s official capacity as a public employee. However, this section does not restrict the right of a public employee to express personal political views, provided that a reasonable person would not infer that the views represent those of the public employer of the public employee.�

�� It is therefore the policy of the state and of your public employer that you may engage in political activity except to the extent prohibited by state law when on the job during working hours or while otherwise working in your official capacity as a public employee.

�� (5)(a) Notwithstanding subsections (1) and (2) of this section:

�� (A) The recognized student government of a community college or public university listed in ORS 352.002, or a member of the recognized student government while acting as a member, may make a statement or issue a resolution to promote or oppose:

�� (i) The gathering of signatures on an initiative or referendum petition; or

�� (ii) The adoption of a measure.

�� (B) A member of the board of education of a community college district, a member of the governing board, as defined in ORS 352.029, of a public university or an employee of a community college or public university may take any action as a public employee that is necessary to allow the recognized student government, or member of the recognized student government, to engage in activities described in subparagraph (A) of this paragraph.

�� (b) Except for facilitating the actions described in paragraph (a) of this subsection, the recognized student government of a community college or public university, or a member of the recognized student government while acting as a member, may not use mandatory student-initiated fees, mandatory enrollment fees, mandatory incidental fees or any public moneys to promote or oppose any political committee or promote or oppose the appointment, nomination or election of a person to a public office, the filing of or the gathering of signatures on an initiative, referendum or recall petition, the adoption of a measure or the recall of a public office holder.

�� (6) Nothing in this section prohibits an employee of the legislative branch from explaining the vote of a member of the Legislative Assembly on:

�� (a) An Act that has been referred to the people by law or petition under Article IV, section 1 (3), of the Oregon Constitution;

�� (b) An Act for which a prospective referendum petition has been filed under ORS 250.045; or

�� (c) A constitutional amendment or revision proposed under Article XVII, section 1 or 2, of the Oregon Constitution.

�� (7) As used in this section:

�� (a) �Public employee� does not include an elected official or a person appointed as a director to the board of a pilot education service district under ORS 334.108.

�� (b) �Public employer� includes any board, commission, committee, department, division or institution in the executive, administrative, legislative or judicial branch of state government, and any county, city, district or other municipal corporation or public corporation organized for a public purpose, including a cooperative body formed between municipal or public corporations.

�� (c) �While on the job during working hours� does not include periods of time during which a public employee is taking time off for a meal break or rest break or periods of time during which a public employee is utilizing otherwise allowable time off in accordance with the labor laws of this state. [Formerly 260.231; 1973 c.53 �1; 1973 c.744 �27a; 1979 c.190 �372; 1979 c.519 �35a; 1983 c.71 �9; 1983 c.392 �1; 1985 c.565 �39; 1985 c.808 �62; 1987 c.718 �3; 1993 c.493 �106; 2007 c.589 ��7,8; 2010 c.9 ��15,16; 2013 c.13 �2; 2019 c.377 �1; 2023 c.268 �1]

�� 260.440 [Amended by 1971 c.644 �8; repealed by 1971 c.749 �82]

�� 260.442 [Formerly 260.250; 1973 c.744 �28; 1979 c.190 �383; renumbered 260.625]

�� 260.450 [Repealed by 1957 c.644 �28]

�� 260.452 [Formerly 260.420; 1973 c.744 �29; repealed by 1979 c.190 �431]

�� 260.460 [Repealed by 1957 c.644 �28]

�� 260.462 [Formerly 260.270; 1973 c.744 �30; 1979 c.190 �386; renumbered 260.655]

�� 260.470 [Amended by 1957 c.644 �9; 1971 c.749 �34; renumbered 260.365]

�� 260.472 [Formerly 260.280; 1973 c.744 �31; 1979 c.190 �370; renumbered 260.415]

�� 260.480 [Amended by 1957 c.644 �11; repealed by 1971 c.749 �82]

�� 260.482 [Formerly 260.310; 1973 c.744 �32; 1977 c.678 �3; 1979 c.190 �384; renumbered 260.635]

�� 260.490 [Amended by 1959 c.644 �12; repealed by 1971 c.749 �82]

�� 260.492 [Formerly 260.320; 1973 c.744 �33; repealed by 1979 c.190 �431]

�� 260.500 [Amended by 1957 c.644 �13; 1971 c.749 �56; renumbered 260.552]

�� 260.502 [Formerly 260.335; repealed by 1973 c.744 �48]

�� 260.510 [Amended by 1957 c.644 �14; repealed by 1971 c.749 �82]

�� 260.512 [Formerly 260.340; 1973 c.744 �34; 1979 c.190 �380; renumbered 260.605]

�� 260.520 [Amended by 1957 c.644 �15; 1971 c.749 �35; renumbered 260.375]

�� 260.522 [Formerly 260.360; 1973 c.483 �1; 1973 c.744 �35; 1975 c.683 �13; 1979 c.190 �373; 1981 c.234 �17; 1983 c.71 �11; 1985 c.808 �63; 1989 c.503 �28; 1989 c.1054 �13; 1993 c.359 �1; 1993 c.618 �2; repealed by 2001 c.965 �66]

�� 260.530 [Repealed by 1957 c.644 �28]

�� 260.532 Prohibition on publication of false statement relating to candidate or measure; civil action; damages; other remedies; limitation on action. (1) No person shall cause to be written, printed, published, posted, communicated or circulated, including by electronic or telephonic means, any letter, circular, bill, placard, poster, photograph or other publication, or cause any advertisement to be placed in a publication, or singly or with others pay for any advertisement or circulate an advertisement by electronic or telephonic means, with knowledge or with reckless disregard that the letter, circular, bill, placard, poster, photograph, publication or advertisement contains a false statement of material fact relating to any candidate, political committee or measure.

�� (2) As used in subsection (1) of this section, �cause� does not include the broadcast of an advertisement by a radio or television station or cable television company unless the advertisement is for:

�� (a) The candidacy of the owner, licensee or operator of the station or company; or

�� (b) A ballot measure of which a chief petitioner is the owner, licensee or operator of the station or company.

�� (3) A candidate who knows of and consents to a publication or advertisement prohibited by this section with knowledge or with reckless disregard that it contains a false statement of material fact, violates this section regardless of whether the candidate has participated directly in the publication or advertisement.

�� (4) There is a rebuttable presumption that a candidate knows of and consents to any publication or advertisement prohibited by this section caused by a political committee over which the candidate exercises any direction and control.

�� (5) Any candidate or political committee aggrieved by a violation of this section shall have a right of action against the person alleged to have committed the violation. The aggrieved party may file the action in the circuit court for any county in this state in which a defendant resides or can be found or, if the defendant is a nonresident of this state, in the circuit court for any county in which the publication occurred. To prevail in such an action, the plaintiff must show by clear and convincing evidence that the defendant violated subsection (1) of this section.

�� (6) A plaintiff who prevails in an action provided by subsection (5) of this section may recover economic and noneconomic damages, as defined in ORS 31.705, or $2,500, whichever is greater. The court may award such additional equitable relief as it considers necessary or proper. The equitable relief may include, but is not limited to, a requirement that a retraction of the false statement be disseminated in the manner directed by the court. Proof of entitlement to economic and noneconomic damages must be by a preponderance of evidence. The court shall award the prevailing party reasonable attorney fees at trial and on appeal.

�� (7) A political committee has standing to bring an action provided by subsection (5) of this section as plaintiff in its own name, if its purpose as evidenced by its preelection activities, solicitations and publications has been injured by the violation and if it has fully complied with the provisions of this chapter. In an action brought by a political committee as provided by subsection (5) of this section, the plaintiff may recover economic and noneconomic damages for all injury to the purpose of the committee as provided in subsection (6) of this section.

�� (8) If a judgment is rendered in an action under this section against a defendant who has been nominated to public office or elected to a public office other than state Senator or state Representative, and it is established by clear and convincing evidence that the false statement was deliberately made or caused to be made by the defendant, the finder of fact shall determine whether the false statement reversed the outcome of the election. If the finder of fact finds by clear and convincing evidence that the false statement reversed the outcome of the election, the defendant shall be deprived of the nomination or election and the nomination or office shall be declared vacant.

�� (9) An action under this section must be filed not later than the 30th day after the election relating to which a publication or advertisement in violation of this section was made. Proceedings on a complaint filed under this section shall have precedence over all other business on the docket. The courts shall proceed in a manner which will ensure that:

�� (a) Final judgment on a complaint which relates to a primary election or nominating election is rendered before the 30th day before the general election; and

�� (b) Final judgment on a complaint which relates to an election to an office is rendered before the term of that office begins.

�� (10) The remedy provided by this section is the exclusive remedy for a violation of this section. [Formerly 260.380; 1973 c.744 �36; 1975 c.683 �14; 1979 c.190 �374; 1979 c.667 �2; 1981 c.897 �45; 1983 c.756 �1; 1985 c.808 �63a; 1995 c.712 �79; 1997 c.829 �1; 1999 c.941 �1; 1999 c.999 �58; 2021 c.291 �4; 2021 c.478 �10]

�� 260.537 Prohibition on publication of false statement intended to mislead electors; civil action; penalties. (1) A person may not cause to be written, printed, published, posted, communicated or circulated, including by electronic or telephonic means, any letter, circular, bill, placard, poster, photograph or other publication, or cause any advertisement to be placed in a publication, or singly or with others pay for any advertisement or circulate an advertisement by electronic or telephonic means, with knowledge or with reckless disregard that the letter, circular, bill, placard, poster, photograph, publication or advertisement contains a false statement of material fact that is intended to mislead electors regarding:

�� (a) The date of the election;

�� (b) The deadline for depositing a ballot in order for the ballot to be tallied;

�� (c) The voter registration deadline;

�� (d) The methods by which an elector may register to vote;

�� (e) The locations at which an elector may deposit a ballot in order for the ballot to be tallied;

�� (f) The qualifications an individual must meet to be eligible to vote in an election; or

�� (g) An elector�s voter registration status.

�� (3) This section applies only to a letter, circular, bill, placard, poster, photograph, publication or advertisement that is written, printed, published, posted, communicated or circulated, including by electronic or telephonic means, within:

�� (a) 30 calendar days before a primary election or special election; or

�� (b) 60 calendar days before a general election.

�� (4) The Secretary of State may institute proceedings to enjoin any violation of this section, except that in the case of a violation by the Secretary of State or a candidate for the office of the Secretary of State, the Attorney General may institute proceedings to enjoin any violation of this section. In any action brought under this section, the circuit court may at any time enter such injunctions, prohibitions or restraining orders, or take any other actions as the court may deem proper. A restraining order, prohibition or injunction may be issued under this section without proof of injury or damage to any person. The circuit court shall give priority to the hearing and determination under this section. The court shall award the prevailing party reasonable attorney fees at trial and on appeal.

�� (5) Upon proof of any violation of this section, the court shall impose a civil penalty of not more than $10,000. All penalties recovered under this section shall be paid into the State Treasury and credited to the General Fund.

�� (6) The remedy provided by this section is the exclusive remedy for a violation of this section. [2021 c.291 �2]

�� 260.540 [1957 c.644 �10; 1971 c.749 �27; renumbered 260.325]

�� 260.542 [Formerly 260.405; 1973 c.744 �37; 1979 c.190 �375; repealed by 1993 c.383 �1]

�� 260.545 [1987 c.826 �2; repealed by 1993 c.383 �1]

�� 260.550 Use of term �incumbent.� (1) No person shall describe a candidate as the incumbent in the office to which the candidate seeks nomination or election in any material, statement or publication supporting the election of the candidate, with knowledge or with reckless disregard that the description is a false statement of material fact.

�� (2) For purposes of this section, a candidate shall be considered an �incumbent� if the candidate:

�� (a) Was elected to the identical office in the most recent election to fill that office and is serving and has served continuously in that office from the beginning of the term to which the candidate was elected; or

�� (b) Was appointed to the identical office after the most recent election to fill that office and is serving and has served continuously in that office from the date of appointment.

�� (3) If district boundaries have changed since the previous election or the appointment, a candidate shall be considered an �incumbent� if the candidate:

�� (a) Was elected to an office of the same name as the office to which the candidate seeks nomination or election at the most recent election to fill that office and is serving and has served continuously in that office from the beginning of the term to which the candidate was elected; or

�� (b) Was appointed to an office of the same name as the office to which the candidate seeks nomination or election after the most recent election to fill that office and is serving and has served continuously in that office from the date of appointment.

�� (4) This section does not apply to any words or statements required by law to be included in any statement produced by a filing officer or listed on a ballot. [1993 c.383 �3]

�� 260.552 [Formerly 260.500; 1973 c.744 �38; repealed by 1979 c.190 �431]

�� 260.555 Prohibitions relating to petitions. (1) A person attempting to obtain signatures on, or causing to be circulated, a petition or prospective petition that is being circulated in accordance with the laws of this state may not knowingly make any false statement regarding the contents, meaning or effect of the petition or prospective petition to any person who signs it, attempts to sign it, is requested to sign it or requests information concerning it.

�� (2) If a person knows that a petition, or prospective petition, that is otherwise being circulated in accordance with the laws of this state contains a false signature, the person may not attempt to obtain signatures on, cause to be circulated, or file with a filing officer, the petition or prospective petition.

�� (3) If a person knows that another person is not qualified to sign a petition or prospective petition that is being circulated in accordance with the laws of this state, the person may not attempt to obtain the signature of the other person on the petition or prospective petition.

�� (4) A person may not knowingly sign more than once any petition or prospective petition that is being circulated in accordance with the laws of this state, knowingly sign such petition or prospective petition when not qualified to sign it, or sign such petition or prospective petition in any name other than the person�s own.

�� (5) A public official or employee may not knowingly make a false certification concerning a petition or prospective petition that is circulated in accordance with the laws of this state. [1979 c.190 �376; 2001 c.489 �1; 2023 c.600 �15]

�� 260.556 Secretary of State prohibited from counting petition signatures obtained by certain persons. The Secretary of State may not include in a count under ORS 250.045 (3) or

ORS 181A.355

181A.355.

�� (3) The term of a member is four years beginning on the effective date of the Governor�s appointment. A member is eligible for reappointment if qualified for membership at the time of reappointment, but may serve no more than two consecutive four-year terms. The Governor may remove any member of the commission at any time for inefficiency, neglect of duty or malfeasance in office. If a vacancy occurs for any cause before the expiration of the term of a member, the Governor shall make an appointment to fill the vacancy, in the same manner as an appointment to a full term, to become immediately effective for the unexpired term.

�� (4) A chairperson and a vice chairperson shall be elected by the voting members of the commission every two years with such functions as the commission may determine. A member is eligible for reelection as chairperson or vice chairperson.

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

�� (6)(a) All members of the commission shall:

�� (A) Review the policies, procedures, standards and guidelines required by ORS 151.216 and provide input before the approval vote described in paragraph (b) of this subsection.

�� (B) Review the agency request budget of the commission and provide input before the approval vote described in paragraph (b) of this subsection.

�� (C) Meet as needed to carry out the duties described in this subsection.

�� (b) The voting members of the commission shall:

�� (A) Approve by majority vote the policies, procedures, standards and guidelines required by ORS 151.216 before those policies, procedures, standards and guidelines may take effect.

�� (B) Approve by majority vote the agency request budget of the commission before submission to the Oregon Department of Administrative Services.

�� (7) The members of the commission may not:

�� (a) Make any decision regarding the handling of any individual case;

�� (b) Have access to any case file; or

�� (c) Interfere with the executive director or any member of the staff of the executive director in carrying out professional duties involving the legal representation of public defense clients.

�� (8) A member of the commission is entitled to compensation for services as a member, and to expenses, as provided in ORS 292.495.

�� (9)(a) The Governor shall appoint an executive director of the commission after consultation with the commission. The appointment is subject to confirmation by the Senate in the manner prescribed by ORS 171.562 and 171.565. The person appointed as executive director must be well qualified by training and experience to perform the functions of the office.

�� (b) The term of office of the executive director is four years, but the Governor may remove the executive director at any time for just cause.

�� (c) The executive director is eligible for reappointment. Before the expiration of the executive director�s term, the Governor shall either reappoint the executive director or appoint a successor to take office upon the date of the expiration. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term. An appointment or reappointment described in this paragraph is subject to paragraph (a) of this subsection.

�� (d) As used in this subsection, �consultation with the commission� must include, but is not limited to, consulting with the chairperson of the commission prior to the recruitment of a new executive director, allowing the chairperson or another commission member designated by the chairperson to participate in the interview process, and allowing commission members to review and provide comment on the top three candidates prior to the final appointment. [2001 c.962 �2; 2003 c.449 �15; 2021 c.202 �1; 2023 c.281 ��2,77,100; 2025 c.569 ��2,3]

�� Note: See note under 151.211.

�� Note: Section 14 (4), chapter 281, Oregon Laws 2023, provides:

�� Sec. 14. (4) Notwithstanding ORS 151.213 (3), and subject to the provisions of sections 92 (3) and 102 (2) of this 2023 Act, the initial terms of persons appointed as voting members to the Oregon Public Defense Commission under this section shall be staggered as follows:

�� (a) The initial term of one of the voting members described in ORS 151.213 (2)(a)(A), one of the voting members described in ORS 151.213 (2)(a)(B) and the voting member described in ORS 151.213 (2)(a)(E) shall be four years.

�� (b) The initial term of one of the voting members described in ORS 151.213 (2)(a)(A) and the voting member described in ORS 151.213 (2)(a)(C) shall be three years.

�� (c) The initial term of one of the voting members described in ORS 151.213 (2)(a)(B) and the voting member described in ORS 151.213 (2)(a)(D) shall be two years.

�� (d) The initial term of one of the voting members described in ORS 151.213 (2)(a)(A) and one of the voting members described in ORS 151.213 (2)(a)(B) shall be one year. [2023 c.281 �14(4)]

�� Note: Section 102 (2), chapter 281, Oregon Laws 2023, provides:

�� Sec. 102. (2)(a) A person who is a member of the Oregon Public Defense Commission on January 1, 2026, may finish the person�s term as a commission member and is eligible for reappointment, but, beginning January 1, 2026, may be removed by the Governor only for inefficiency, neglect of duty or malfeasance in office.

�� (b) The person serving as executive director of the Oregon Public Defense Commission on January 1, 2026, may finish the person�s term as executive director and is eligible for reappointment, but, beginning on January 1, 2026, may be removed by the Governor only for just cause. [2023 c.281 �102(2); 2025 c.569 �1(2)]

�� 151.216 Commission duties; rules. (1) The Oregon Public Defense Commission shall:

�� (a) Establish and maintain a public defense system that ensures the provision of public defense services consistent with the Oregon Constitution, the United States Constitution and Oregon and national standards of justice.

�� (b) Adopt policies for public defense providers that:

�� (A) Ensure compensation, resources and caseloads are in accordance with the requirements of the Oregon and United States Constitutions;

�� (B) Ensure funding and resources to support required data collection and training requirements; and

�� (C) Recognize the need to consider overhead costs that account for the cost of living and business cost differences in each county or jurisdiction, including but not limited to rent, professional membership dues, malpractice insurance and other insurance and other reasonable and usual operating costs.

�� (c) Establish operational and contracting systems that allow for oversight, ensure transparency and stakeholder engagement and promote equity, inclusion and culturally specific representation.

�� (d) Review the caseload policies described in paragraph (b)(A) of this subsection annually, and revise the policies as necessary and at least every four years.

�� (e) Adopt a statewide workload plan, based on the caseload policies described in paragraph (b)(A) of this subsection, that takes into account the needs of each county or jurisdiction, practice structure and type of practice overseen by the commission.

�� (f) Submit an agency request budget to the Oregon Department of Administrative Services as described in ORS 291.208.

�� (g) Adopt a compensation plan, classification system and affirmative action plan for the commission that are commensurate with other state agencies.

�� (h) Adopt policies, procedures, standards and guidelines regarding:

�� (A) The determination of financial eligibility of persons entitled to be represented by appointed counsel at state expense;

�� (B) The appointment of counsel, including the appointment of counsel at state expense regardless of financial eligibility in juvenile delinquency matters;

�� (C) The fair compensation of counsel appointed to represent a person financially eligible for appointed counsel at state expense;

�� (D) Appointed counsel compensation disputes;

�� (E) The costs associated with the representation of a person by appointed counsel in the state courts that are required to be paid by the state; and

�� (F) The types of fees and expenses subject to a preauthorization requirement.

�� (i) Reimburse the State Court Administrator from funds deposited in the Public Defense Services Account established by ORS 151.225 for the costs of personnel and other costs associated with location of eligibility verification and screening personnel pursuant to ORS 151.489 by the State Court Administrator.

�� (j) Develop, adopt and oversee the implementation, enforcement and modification of policies, procedures, minimum standards and guidelines to ensure that public defense providers are providing effective assistance of counsel consistently to all eligible persons in this state as required by statute and the Oregon and United States Constitutions. The policies, procedures, standards and guidelines described in this paragraph apply to employees of the commission and to any person or entity that contracts with the commission to provide public defense services in this state.

�� (k) Set minimum standards by which appointed counsel are trained and supervised.

�� (L) Establish a system, policies and procedures for the mandatory collection of data concerning the operation of the commission and all public defense providers.

�� (m) Enter into contracts and hire attorneys to bring the delivery of public defense services into and maintain compliance with the minimum policies, procedures, standards and guidelines described in this subsection. All contracts for the provision of public defense services to which the commission is a party must include a requirement for collection by the commission of data determined by the commission to be qualitatively necessary for any report required to be submitted to the Legislative Assembly.

�� (n) At least once every two years, report to the interim committees of the Legislative Assembly related to the judiciary, in the manner provided in ORS 192.245, and to the Governor and Chief Justice, concerning compliance metrics for the minimum standards described in this subsection and recommendations for legislative changes.

�� (o) Develop standard operating expectations for persons and entities providing public defense services.

�� (p) In consultation with the Judicial Department, ensure the existence of policies that create a standardized process for determining and verifying financial eligibility for appointed counsel under ORS 151.485.

�� (q) Ensure access to systematic and comprehensive training programs for attorneys for the purpose of meeting statewide standards set by the commission.

�� (r) Enter into contracts or interagency agreements with the Oregon Department of Administrative Services for the purpose of supporting state public defense population forecasts and other related forecasts.

�� (s) Establish any other policies, procedures, standards and guidelines for the conduct of the commission�s affairs and promulgate policies necessary to carry out all powers and duties of the commission.

�� (2) When establishing the minimum policies, procedures, standards and guidelines described in this section, the commission shall adhere to the following principles:

�� (a) Appointed counsel shall be provided sufficient time and a space where attorney-client confidentiality is safeguarded for meetings with clients.

�� (b) The workload of appointed counsel must be controlled to permit effective representation. Economic disincentives or incentives that impair the ability of appointed counsel to provide effective assistance of counsel must be avoided. The commission may develop workload controls to enhance appointed counsel�s ability to provide effective representation.

�� (c) The ability, training and experience of appointed counsel must match the nature and complexity of the case to which the counsel is appointed.

�� (d) The same appointed counsel shall continuously represent a client throughout the pendency of the case and shall appear at every court appearance other than ministerial hearings.

�� (e) The commission shall establish continuing legal education requirements for public defense providers who are employed by or contract with the commission that are specific to the subject matter area and practice of each type of court-appointed counsel.

�� (f) The commission and public defense providers shall systematically review appointed counsel for efficiency and for effective representation according to commission standards.

�� (3) The commission shall be organized in a manner for the effective delivery of public defense services as prescribed by the policies and procedures created pursuant to statute to financially eligible persons and consistent with the budgetary structure established for the commission by the Legislative Assembly.

�� (4) The commission shall hire attorneys to serve as appointed counsel, including at the trial level in Oregon circuit courts, and shall establish a trial division within the commission consisting of attorneys employed by the commission who are trial-level public defense providers.

�� (5)(a) The commission shall establish, supervise and maintain a panel of qualified counsel who contract with the commission and are directly assigned to cases. The commission shall develop a process for certification of attorneys to the panel with periodic eligibility and case review. Panel attorneys are not employees of the commission.

�� (b) The payment of panel counsel:

�� (A) May not be lower than the hourly rate established by the commission.

�� (B) Shall be adjusted to reflect the same percentage amount of any positive cost of living adjustment granted to employees in the management service in other executive branch agencies.

�� (C) May not provide a financial conflict of interest or economic incentives or disincentives that impair an attorney�s ability to provide effective representation.

�� (6)(a) The commission may enter into contracts for the provision of public defense services with nonprofit public defense organizations and private law firms.

�� (b) The commission may enter into contracts with entities that subcontract with other entities or persons for the provision of public defense services.

�� (c) The commission may not enter into a contract or agreement that pays appointed counsel a flat fee per case.

�� (7) The policies, procedures, standards and guidelines adopted by the commission must be made available in an accessible manner to the public on the commission�s website.

�� (8) Policies, procedures, standards and guidelines adopted by the commission supersede any conflicting rules, policies or procedures of the Public Defender Committee, State Court Administrator, circuit courts, the Court of Appeals, the Supreme Court and the Psychiatric Security Review Board related to the exercise of the commission�s administrative responsibilities under this section and transferred duties, functions and powers as they occur.

�� (9) The commission may accept gifts, grants or contributions from any source, whether public or private. However, the commission may not accept a gift, grant or contribution if acceptance would create a conflict of interest. Moneys accepted under this subsection shall be deposited in the Public Defense Services Account established by ORS 151.225 and expended for the purposes for which given or granted.

�� (10) The commission shall request that the Governor include in the Governor�s requested budget, for each fiscal period, at a minimum, the amount of funds identified by the commission as being necessary to carry out the duties and activities of the commission.

�� (11) The commission may adopt rules pursuant to ORS chapter 183. [2001 c.962 ��3,106; 2003 c.449 ��1,2,42; 2005 c.843 �23; 2011 c.708 �20; 2012 c.107 �42; 2017 c.442 �19; 2021 c.202 �2; 2021 c.597 �9; 2023 c.281 ��3,78,94,101; 2025 c.569 ��4,5,6]

�� Note: See note under 151.211.

�� 151.219 Executive director; duties. (1) The executive director of the Oregon Public Defense Commission shall:

�� (a) Designate a deputy director of the commission who serves at the pleasure of the executive director.

�� (b) Hire necessary staff for the commission.

�� (c) Recommend to the commission how to establish and maintain, in a cost-effective manner, the delivery of legal services to persons entitled to, and, where applicable, financially eligible for, appointed counsel at state expense under Oregon statutes, the Oregon Constitution, the United States Constitution and consistent with Oregon and national standards of justice.

�� (d) Implement and ensure compliance with contracts, policies, procedures, standards and guidelines adopted by the commission or required by statute.

�� (e) Prepare and submit to the commission for its approval the biennial budget of the commission.

�� (f) Negotiate contracts, as appropriate, for providing legal services to persons eligible for appointed counsel at state expense in accordance with ORS 151.216 (5) and (6).

�� (g) Employ personnel or contract for services as necessary to carry out the responsibilities of the executive director and the commission.

�� (h) Supervise the personnel, operation and activities of the commission.

�� (i) Provide services, facilities and materials necessary for the performance of the duties, functions and powers of the commission.

�� (j) Pay the expenses of the commission.

�� (k) Prepare and submit to the members of the commission an annual report of the activities of the commission.

�� (L) Provide for legal representation, advice and consultation for the commission, its members, the executive director and staff of the commission who require such services or who are named as defendants in lawsuits arising from their duties, functions and responsibilities. If requested by the executive director, the Attorney General may also provide for legal representation, advice and consultation for the commission, its members, the executive director and staff of the commission in litigation.

�� (m) Maintain an accurate and current list of all attorneys providing public defense services in this state under the supervision, employment or contractual authority of the commission, and the qualifications for each attorney.

�� (2) The executive director may:

�� (a) Designate persons as representatives of the executive director for the purposes of determining and paying bills submitted to the commission and determining preauthorization for incurring fees and expenses under ORS 135.055.

�� (b) Establish an external advisory group to assist in developing the standard operating expectations for persons and entities providing public defense services. [2001 c.962 ��4,106a; 2003 c.449 ��3,4; 2021 c.597 �10; 2023 c.281 ��4,95; 2025 c.569 ��7,8]

�� Note: See note under 151.211.

�� 151.220 [Formerly 138.740; repealed by 2001 c.962 �114]

�� 151.221 Status of officers and employees of commission. Officers and employees of the Oregon Public Defense Commission are state officers or employees in the exempt service and are not subject to ORS chapter 240. [2003 c.449 �17; 2023 c.281 �5]

�� Note: See note under 151.211.

�� 151.223 Standards and requirements for contracts with subcontracting entities. (1) The Oregon Public Defense Commission may enter into a contract with an entity that subcontracts with other entities or persons for the provision of public defense services only if the entity operates in accordance with standards and requirements established by the commission either through adopted policies or contract language approved by the Department of Justice.

�� (2) The standards and requirements described in subsection (1) of this section must include, but are not limited to:

�� (a) A requirement that the entity have a designated administrator with authority to manage case distribution, address concerns and complaints and serve as the point contact for external matters;

�� (b) A requirement that the entity have defined policies concerning membership structure, including policies on admission criteria, participation expectations and decision-making authority;

�� (c) A requirement that the entity have internal policies and procedures for conflict resolution, ethical compliance and the removal of members due to misconduct or nonparticipation;

�� (d) A requirement that the entity comply with commission oversight, reporting requirements and other applicable policies and procedures of the commission; and

�� (e) A requirement that the entity hold regular meetings among its members or governing body, as appropriate for its size and structure.

�� (3) The standards and requirements described in subsection (1) of this section for an entity with five or more attorney members must additionally include a requirement that the entity have a board of directors or a steering committee with responsibilities that include but are not limited to the following:

�� (a) The approval of entity policies, budgets and initiatives;

�� (b) Ensuring attorney performance and compliance with legal and financial obligations;

�� (c) Oversight of the administrator; and

�� (d) Resolving disputes among members of the entity. [2025 c.569 �10]

�� Note: 151.223 becomes operative July 1, 2027. See section 11, chapter 569, Oregon Laws 2025.

�� Note: See note under 151.211.

�� 151.225 Public Defense Services Account. (1) The Public Defense Services Account is established in the State Treasury, separate and distinct from the General Fund. The Public Defense Services Account is continuously appropriated to the Oregon Public Defense Commission for:

�� (a) Administration and support of the public defense system;

�� (b) Reimbursement of the State Court Administrator under ORS 151.216 (1)(i); and

�� (c) Legal representation of parents and children involved in foster care for which matching funds under 45 C.F.R. 1356.60(c) may be used.

�� (2) The following moneys shall be deposited in the Public Defense Services Account:

�� (a) Moneys received by the commission from the State Court Administrator under ORS 151.216 (1)(i);

�� (b) Moneys received by the Judicial Department under ORS 135.050 (8), 151.487 (1),

ORS 182.462

182.462 (1)(e), the board shall deposit moneys received as fees or civil penalties into the account created by the board pursuant to ORS 182.470. [2005 c.609 �6; 2011 c.110 �5]

�� 671.660 Renewal of licenses; effect of lapse; penalty fees. (1) The fee for renewal of a license issued under ORS 671.510 to 671.760 shall be paid annually on or before the last day of the month of the anniversary of issuance.

�� (2) The State Landscape Contractors Board may not issue a new license to a person who has been previously licensed under ORS 671.510 to 671.760 and whose license has expired, unless the person makes written application on a form approved by the board and pays the required annual fee. The board may require the person to also pay a penalty fee.

�� (3) If a license lapses for two years or more, the person must reapply as for initial issuance of the license.

�� (4) When a landscape contracting business renews its license, the business must submit the names of all employees who are licensed landscape construction professionals.

�� (5) When a person renews a landscape construction professional license, the person must:

�� (a) Submit the name of the employer if the person is currently performing landscaping work; and

�� (b) Demonstrate that the person has complied with the continuing education requirement adopted by the board. [1971 c.764 �18; 1973 c.832 �35; 1977 c.873 �5; 1983 c.452 �14; 2001 c.409 �8; 2007 c.550 ��3,6]

�� 671.670 Rulemaking authority. In accordance with any applicable provision of ORS chapter 183, the State Landscape Contractors Board may adopt rules the board considers reasonable for the administration and enforcement of ORS 671.510 to 671.760 and 671.997. [1971 c.764 �19; 1981 c.536 �26; 2005 c.609 �17]

�� 671.675 [1987 c.461 �7; repealed by 1995 c.645 �6]

�� 671.676 Continuing education; rules. (1) The State Landscape Contractors Board shall adopt rules establishing continuing education requirements for landscape construction professionals. A continuing education requirement adopted by the board must equal or exceed:

�� (a) Sixteen hours of continuing education during a two-year period for a landscape construction professional who has six years or less of experience as an active licensee on the beginning date of the period; or

�� (b) Eight hours of continuing education during a two-year period for a landscape construction professional who has more than six years of experience as an active licensee on the beginning date of the period.

�� (2) The board may approve programs for purposes of continuing education for landscape construction professionals and determine the number of hours to be credited to the programs. The board shall ensure that continuing education opportunities for landscape construction professionals are readily available.

�� (3) Programs approved by the board for continuing education purposes must be designed to directly contribute to the professional competency of landscape construction professionals. Approved programs may include, but need not be limited to:

�� (a) Professional development programs and technical meetings of professional associations for landscape contracting businesses or for related industries such as pesticide application or irrigation auditing;

�� (b) University or college courses related to landscaping or horticulture;

�� (c) Professional staff training programs by associations of landscape construction professionals; and

�� (d) Online or other forms of educational programs.

�� (4) The board may adopt rules establishing grounds for obtaining a waiver of the continuing education requirements for landscape construction professionals. The board may not allow a waiver for consecutive two-year periods except for a waiver due to military service, retirement, disability, absence from the state, inactive status or extreme hardship. [2007 c.550 �2; 2007 c.550 �5; 2015 c.672 �12]

�� 671.680 [1971 c.764 �21; repealed by 1975 c.757 �8]

�� 671.681 Advisory and technical committees. (1) To aid and advise the State Landscape Contractors Board in the performance of the functions of the board, the board administrator may establish such advisory and technical committees as the administrator considers necessary. These committees may be continuing or temporary. The administrator shall determine the representation, membership, terms and organization of the committees and shall appoint their members. The administrator is an ex officio member of each committee.

�� (2) Members of the committees are not entitled to compensation, but the board may fix and pay to the committee members from the funds available to the board per diem and actual and necessary travel and other expenses incurred by the committee members in the performance of their official duties. [2007 c.399 �1]

�� Note: 671.681 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 671 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Claims)

�� 671.690 Surety bond, letter of credit or other security. (1) An applicant for a license as a landscape contracting business or a licensed landscape contracting business shall file with the State Landscape Contractors Board a surety bond with one or more corporate sureties authorized to do business in this state, or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008. The amount of the bond or letter of credit must be $20,000.

�� (2) The bond or letter of credit must be conditioned that the applicant or licensed landscape contracting business pays:

�� (a) All taxes and contributions due to the State of Oregon;

�� (b) All persons furnishing labor or material, or renting or supplying equipment to the applicant or licensed landscape contracting business;

�� (c) All amounts that may be adjudged against the applicant or licensed landscape contracting business by reason of negligent or improper work or breach of contract in performing any work subject to ORS 671.510 to 671.760; and

�� (d) All amounts from the bond, letter of credit or deposit the board orders paid under ORS

ORS 183.400

183.400. [1999 c.697 �5]

�� 496.118 Duties and powers of director. (1) Subject to policy direction by the State Fish and Wildlife Commission, the State Fish and Wildlife Director shall:

�� (a) Be the administrative head of the State Department of Fish and Wildlife;

�� (b) Have power, within applicable budgetary limitations, and in accordance with ORS chapter 240, to hire, assign, reassign and coordinate personnel of the department;

�� (c) Administer and enforce the wildlife laws of the state;

�� (d) Be authorized to participate in any proceeding before any public officer, commission or body of the United States or any state for the purpose of representing the citizens of Oregon concerning the wildlife resources of this state;

�� (e) Establish such sections and divisions as are necessary to properly carry out the work of the commission;

�� (f) Be responsible for the collection, application and dissemination of information pertinent to the management of the wildlife resources, and to the regulation of the uses of such resources; and

�� (g) Coordinate any activities of the department related to a watershed enhancement project approved by the Oregon Watershed Enhancement Board under ORS 541.932 with activities of other cooperating state and federal agencies participating in the project.

�� (2) In addition to duties otherwise required by law, the director shall prescribe internal policies and procedures for the government of the department, the conduct of its employees, the assignment and performance of its business and the custody, use and preservation of its records, papers and property in a manner consistent with applicable law.

�� (3) In addition to any other duties assigned to the director, the director shall report quarterly on the activities of the department to the appropriate legislative committee.

�� (4) The director may delegate to any employee of the department the exercise or discharge in the director�s name of any power, duty or function of whatever character, vested in or imposed by law upon the director. The official act of a person so acting in the director�s name and by the director�s authority shall be considered to be an official act of the director.

�� (5) The director may restrict or otherwise limit the participation of an employee of the department in any program administered by the department to ensure that the programs of the department are administered in a fair and equitable manner and that no employee of the department gains an advantage over the public.

�� (6) Notwithstanding the provisions of ORS 496.112 (3), in times of emergency or with respect to regulating wildlife taking, the director may exercise the full powers of the commission until such times as the emergency ends or the commission meets in formal session. [1975 c.253 �10; 1987 c.734 �12; 1993 c.659 �5; 1999 c.697 �3; 2007 c.354 �16]

�� 496.120 [Amended by 1967 c.290 �3; 1969 c.314 �59; repealed by 1973 c.723 �130]

�� 496.121 Authority of department to require fingerprints. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the State Department of Fish and Wildlife may require the fingerprints of a person who:

�� (1)(a) Is employed or applying for employment by the department; or

�� (b) Provides services or seeks to provide services to the department as a contractor, vendor or volunteer; and

�� (2) Is, or will be, working or providing services in a position:

�� (a) In which the person has direct access to persons under 18 years of age, elderly persons or persons with disabilities;

�� (b) That has personnel or human resources functions as one of the position�s primary responsibilities;

�� (c) In which the person is providing information technology services and has control over, or access to, information technology systems that would allow the person to harm the information technology systems or the information contained in the systems;

�� (d) That involves the use, possession, issuance, transport, purchase, sale or forfeiture of firearms or munitions, access to firearms or munitions or the training of others in the use or handling of firearms;

�� (e) In which the person resides on property managed by the department;

�� (f) In which the person has access to information, the disclosure of which is prohibited by state or federal laws, rules or regulations or information that is defined as confidential under state or federal laws, rules or regulations;

�� (g) That has payroll functions or in which the person has responsibility for receiving, receipting or depositing money or negotiable instruments, for billing, collections or other financial transactions or for purchasing or selling property or has access to property held in trust or to private property in the temporary custody of the state;

�� (h) That has mailroom duties as a primary duty or job function;

�� (i) In which the person has responsibility for auditing the department;

�� (j) In which the person has access to Social Security numbers, dates of birth or criminal background information of employees or members of the public; or

�� (k) In which the person has access to tax or financial information about individuals or business entities. [2005 c.730 �60; 2009 c.208 �1]

�� Note: 496.121 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 496 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 496.122 [1973 c.723 �10; repealed by 1975 c.253 �40]

�� 496.124 Fish Division; Wildlife Division; authority. In addition to such divisions as may be established by the State Fish and Wildlife Director pursuant to ORS 496.118, there are established within the State Department of Fish and Wildlife a Fish Division and a Wildlife Division. The Wildlife Division shall be responsible for the management of all wildlife, except fish and other marine life, over which the State Fish and Wildlife Commission has regulatory jurisdiction. [1975 c.253 �11]

�� 496.125 [Repealed by 1973 c.723 �130]

�� 496.128 Reports by commission. (1) The State Fish and Wildlife Commission shall report biennially to the Governor and to the Legislative Assembly on the activities of the commission during the preceding biennium. The commission shall make such additional reports as the Governor or the Legislative Assembly may direct.

�� (2) The reports required by subsection (1) of this section shall be in such form and contain such information as the commission considers appropriate, and shall contain such other information as the Governor and the Legislative Assembly may require. Such reports shall include all new or amended rules, policies or procedures adopted by the commission and shall include a summary of significant consultation activity under ORS 496.164. [1973 c.723 �11; 1993 c.659 �6]

�� 496.130 [Amended by 1959 c.371 �1; 1963 c.154 �1; 1965 c.74 �1; repealed by 1973 c.723 �130]

�� 496.132 [1985 c.60 �5; repealed by 1993 c.659 �9]

�� 496.135 [Repealed by 1973 c.723 �130]

�� 496.138 Commission policies and programs; rules; public hearings; agency request budgets. (1) Consistent with the policy of ORS 496.012, the State Fish and Wildlife Commission shall implement the policies and programs of this state for the management of wildlife. These policies and programs shall consider the uses of public and private lands and utilize voluntary partnerships with private and public landowners to protect and enhance wildlife habitat and effectively manage wildlife. In addition, the commission shall perform any other duty vested in it by law.

�� (2) In accordance with the applicable provisions of ORS chapter 183, the commission shall adopt such rules and standards as it considers necessary and proper to implement the policy and objectives of ORS 496.012 and perform the functions vested by law in the commission.

�� (3) Except as provided in ORS 183.335 (5), the commission shall cause a public hearing to be held on any proposed rule or standard prior to its adoption. The hearing may be before the commission, any designated member thereof or any person designated by and acting for the commission.

�� (4) Before submitting an agency request budget or information to the Governor pursuant to ORS 291.201 to 291.222, the commission shall hold a public hearing on proposals for planned expenditures and enhancement packages that the commission intends to recommend to the Governor for inclusion in the Governor�s budget. [1973 c.723 �12; 1993 c.659 �7; 2016 c.117 �73]

�� 496.140 [Repealed by 1973 c.723 �130]

�� 496.141 Fish screening program report. On or before February 1 of each odd-numbered year, the State Department of Fish and Wildlife shall provide to the Joint Committee on Ways and Means a complete annual report regarding activities initiated by the department in regard to the fish screening program. The report shall include a complete budget analysis of all costs, including in-kind costs associated with the program, the number of screening or by-pass devices installed and the size of the diversions on which such devices were installed. The budget analysis shall identify all costs associated with the construction and installation of screening or by-pass devices, administrative costs and research and development costs associated with the program. [1995 c.426 �14]

�� 496.145 [Repealed by 1973 c.723 �130]

�� 496.146 Additional powers of commission; rules; fees; penalties. In addition to any other duties or powers provided by law, the State Fish and Wildlife Commission:

�� (1) May accept, from whatever source, appropriations, gifts or grants of money or other property for the purposes of wildlife management, and use such money or property for wildlife management purposes.

�� (2) May sell or exchange property owned by the state and used for wildlife management purposes when the commission determines that such sale or exchange would be advantageous to the state wildlife policy and management programs.

�� (3) May acquire, introduce, propagate and stock wildlife species in such manner as the commission determines will carry out the state wildlife policy and management programs.

�� (4) May by rule authorize the issuance of such licenses, tags and permits for angling, taking, hunting and trapping and may prescribe such tagging and sealing procedures as the commission determines necessary to carry out the provisions of the wildlife laws or to obtain information for use in wildlife management. Permits issued pursuant to this subsection may include special hunting permits for a person and immediate family members of the person to hunt on land owned by that person in areas where permits for deer or elk are limited by quota. As used in this subsection, �immediate family members� means spouses in a marriage, parents, brothers, brothers-in-law, sisters, sisters-in-law, sons, sons-in-law, daughters, daughters-in-law, stepchildren and grandchildren. A landowner who is qualified to receive landowner preference tags from the commission may request two additional tags for providing public access and two additional tags for wildlife habitat programs. This request shall be made to the Access and Habitat Board with supporting evidence that the access is significant and the habitat programs benefit wildlife. The board may recommend that the commission grant the request. When a landowner is qualified under landowner preference rules adopted by the commission and receives a controlled hunt tag for that unit or a landowner preference tag for the landowner�s property and does not use the tag during the regular season, the landowner may use that tag to take an antlerless animal, when approved by the State Department of Fish and Wildlife, to alleviate damage that is presently occurring to the landowner�s property.

�� (5) May by rule prescribe procedures requiring the holder of any license, tag or permit issued pursuant to the wildlife laws to keep records and make reports concerning the time, manner and place of taking wildlife, the quantities taken and such other information as the commission determines necessary for proper enforcement of the wildlife laws or to obtain information for use in wildlife management.

�� (6) May establish special hunting and angling areas or seasons in which only persons less than 18 years of age or over 65 years of age are permitted to hunt or angle.

�� (7) May acquire by purchase, lease, agreement or gift real property and all appropriate interests therein for wildlife management and wildlife-oriented recreation purposes.

�� (8) May acquire by purchase, lease, agreement, gift, exercise of eminent domain or otherwise real property and all interests therein and establish, operate and maintain thereon public hunting areas.

�� (9) May establish and develop wildlife refuge and management areas and prescribe rules governing the use of such areas and the use of wildlife refuge and management areas established and developed pursuant to any other provision of law.

�� (10) May by rule prescribe fees for licenses, tags, permits and applications issued or required pursuant to the wildlife laws, and user charges for angling, hunting or other recreational uses of lands owned or managed by the commission, unless such fees or user charges are otherwise prescribed by law. No fee or user charge prescribed by the commission pursuant to this subsection shall exceed $250.

�� (11) May enter into contracts with any person or governmental agency for the development and encouragement of wildlife research and management programs and projects.

�� (12) May perform such acts as may be necessary for the establishment and implementation of cooperative wildlife management programs with agencies of the federal government.

�� (13) May offer and pay rewards for the arrest and conviction of any person who has violated any of the wildlife laws. No such reward shall exceed $1,000 for any one arrest and conviction.

�� (14) May by rule prescribe fees for falconry licenses issued pursuant to the wildlife laws, unless such fees are otherwise prescribed by law. Fees prescribed by the commission pursuant to this subsection shall be based on actual or projected costs of administering falconry regulations and shall not exceed $250.

�� (15) May establish special fishing and hunting seasons and bag limits applicable only to persons with disabilities.

�� (16) May adopt optimum populations for deer and elk consistent with ORS 496.012. These population levels shall be reviewed at least once every five years.

�� (17) Shall establish a preference system so that individuals who are unsuccessful in controlled hunt permit drawings for deer and elk hunting have reasonable assurance of success in those drawings in subsequent years. In establishing the preference system, the commission shall consider giving additional preference points to persons who have been issued a resident annual pioneer combination license pursuant to ORS 497.132 or resident disabled veteran hunting license under ORS 497.102.

�� (18) May sell advertising in State Department of Fish and Wildlife publications, including annual hunting and angling regulation publications.

�� (19) May, notwithstanding the fees required by ORS 497.112, provide free hunting tags to an organization that sponsors hunting trips for terminally ill children. Except as provided under ORS 497.116, the State Department of Fish and Wildlife may not issue more than 15 tags annually under this subsection.

�� (20) Shall, after consultation with the State Department of Agriculture, adopt rules prohibiting the use of the World Wide Web, other Internet protocols or broadcast or closed circuit media to remotely control a weapon for the purpose of hunting any game bird, wildlife, game mammal or other mammal. The rules may exempt the State Department of Fish and Wildlife or agents of the department from the prohibition.

�� (21) May adopt rules establishing a schedule of civil penalties, not to exceed $6,500 per violation, for violations of provisions of the wildlife laws or rules adopted by the commission under the wildlife laws. Civil penalties established under this subsection must be imposed in the manner provided by ORS 183.745 and must be deposited in the State Wildlife Fund established under ORS 496.300.

�� (22) May by rule impose a surcharge not to exceed $25 for the renewal of a hunting license on any person who fails to comply with mandatory hunting reporting requirements. Amounts collected as surcharges under this subsection must be deposited in the State Wildlife Fund established under ORS 496.300.

�� (23)(a) May by rule establish annual and daily Columbia Basin salmon, steelhead and sturgeon recreational fishing endorsements with a fee not to exceed $9.75 per annual license and $1 per day per daily license. An endorsement is required to fish for salmon, steelhead or sturgeon in portions of the Columbia Basin as designated by rule and is in addition to and not in lieu of angling licenses and tags required under the wildlife laws. Amounts collected as fees under this subsection must be deposited in the Columbia River Fisheries Enhancement Fund established under section 7, chapter 672, Oregon Laws 2013.

�� (b) Notwithstanding paragraph (a) of this subsection, if the commission adopts rules that decrease fishery impacts or the share of salmon allocated to Columbia River recreational fisheries or that expand the areas and seasons where nontribal gillnets are permitted in mainstem lower Columbia River nontribal fisheries as compared to regulatory restrictions in place from 2017 to 2020, the commission may not require or collect the endorsements, beginning in the following calendar year.

�� (24) May by rule establish annual and daily ocean endorsements and shall charge the applicable fees under the fee schedule in ORS 497.061. An endorsement is required to fish for any species, except shellfish, salmon and steelhead trout, in ocean waters and is in addition to and not in lieu of angling licenses and tags required under the wildlife laws. Amounts collected as fees under this subsection must be deposited in the Marine Fisheries Enhancement Fund Subaccount established in ORS 496.303. As used in this subsection, �ocean waters� means waters to the west of:

�� (a) Normal high tide lines along coastal beaches where there are no jetties;

�� (b) The visible ends of jetties, except in the Columbia River; or

�� (c) The north-south line running through Buoy 10 in the Columbia River.

�� (25) May by rule establish multiyear licenses and may prescribe fees for such licenses. Fees prescribed by the commission for multiyear licenses may provide for a discount from the annual license fees that would otherwise be payable for the period of time covered by the multiyear license.

�� (26) May by rule establish a program to offer unique fishing opportunities through drawings, raffles or auctions and charge application and participation fees for the program. [1973 c.723 �13; 1977 c.177 �1; 1977 c.668 �1; 1981 c.445 �9; 1987 c.292 �2; 1993 c.659 �8; 1999 c.25 �4; 2001 c.253 �1; 2003 c.656 �2; 2005 c.365 �1; 2007 c.338 �1; 2009 c.778 �2; 2011 c.521 �1; 2013 c.236 �1; 2013 c.363 �7; 2013 c.672 ��9,10; 2015 c.629 ��51,52; 2015 c.779 ��7,8; 2018 c.100 ��3,4; 2019 c.82 ��1,2; 2021 c.169 �3; 2025 c.564 �10]

�� Note: The amendments to 496.146 by section 5, chapter 169, Oregon Laws 2021, become operative January 2, 2032. See section 6, chapter 169, Oregon Laws 2021, as amended by section 2, chapter 436, Oregon Laws 2025. The text that is operative on and after January 2, 2032, including amendments by section 11, chapter 564, Oregon Laws 2025, is set forth for the user�s convenience.

�� 496.146. In addition to any other duties or powers provided by law, the State Fish and Wildlife Commission: